How the new constitution of the Russian Federation was adopted. About the Constitution of the Russian Federation
(Published subject to amendments, introduced by laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ and of December 30, 2008 N 7-FKZ)
We, multinational people Russian Federation,
united by a common fate in their land,
affirming human rights and freedoms, civil peace and harmony,
preserving the historically established state unity,
proceeding from the universally recognized principles of equality and self-determination of peoples,
honoring the memory of the ancestors who passed on to us love and respect for the Fatherland, faith in goodness and justice,
reviving the sovereign statehood of Russia and asserting the inviolability of its democratic foundation,
striving to ensure the well-being and prosperity of Russia,
proceeding from the responsibility for their homeland to the present and future generations,
aware of themselves as part of the global community,
accept the CONSTITUTION OF THE RUSSIAN FEDERATION.
SECTION ONE
Chapter 1
FOUNDATIONS OF THE CONSTITUTIONAL ORDER
Article 1
1. Russian Federation - Russia is a democratic federal state of law with a republican form of government.
2. The names Russian Federation and Russia are equivalent.
Article 2
Man, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.
Article 3
1. The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people.
2. The people exercise their power directly, as well as through state authorities and local self-government bodies.
3. The highest direct expression of the power of the people is the referendum and free elections.
4. No one can appropriate power in the Russian Federation. The seizure of power or the appropriation of power is punishable under federal law.
Article 4
1. The sovereignty of the Russian Federation extends to its entire territory.
2. The Constitution of the Russian Federation and federal laws shall have supremacy throughout the entire territory of the Russian Federation.
3. The Russian Federation ensures the integrity and inviolability of its territory.
Article 5
1. The Russian Federation consists of republics, territories, regions, cities federal significance, autonomous region, autonomous regions- equal subjects of the Russian Federation.
2. The republic (state) has its own constitution and legislation. A krai, oblast, federal city, autonomous oblast, autonomous okrug has its own charter and legislation.
3. The federal structure of the Russian Federation is based on its state integrity, the unity of the system of state power, the delimitation of the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and the state bodies of the constituent entities of the Russian Federation, the equality and self-determination of peoples in the Russian Federation.
4. In relationship with federal authorities of state power, all subjects of the Russian Federation are equal among themselves.
Article 6
1. Citizenship of the Russian Federation is acquired and terminated in accordance with federal law, is uniform and equal, regardless of the grounds for acquisition.
2. Every citizen of the Russian Federation has all the rights and freedoms on its territory and bears equal responsibilities provided by the Constitution of the Russian Federation.
3. A citizen of the Russian Federation may not be deprived of his citizenship or the right to change it.
Article 7
1. Russian Federation - welfare state whose policy is aimed at creating conditions that ensure a decent life and free development of a person.
2. In the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, and governmental support families, motherhood, fatherhood and childhood, disabled and elderly citizens, a system of social services is being developed, state pensions, benefits and other guarantees of social protection are being established.
Article 8
1. The unity of the economic space is guaranteed in the Russian Federation, free movement goods, services and financial resources, support for competition, freedom of economic activity.
2. In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way.
Article 9
1. Land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the respective territory.
2. Land and other natural resources may be in private, state, municipal and other forms of ownership.
Article 10
State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Legislative, executive and judicial authorities are independent.
Article 11
1. State power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation.
2. State power in the constituent entities of the Russian Federation is exercised by the bodies of state power formed by them.
3. The delimitation of the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation is carried out by this Constitution, the Federal and other agreements on the delimitation of subjects of jurisdiction and powers.
Article 12
The Russian Federation recognizes and guarantees local government. Local self-government within its powers independently. Local self-government bodies are not included in the system of state authorities.
Article 13
1. Ideological diversity is recognized in the Russian Federation.
2. No ideology can be established as a state or mandatory.
3. Political diversity and multi-party system are recognized in the Russian Federation.
4. Public associations are equal before the law.
5. It is prohibited to create and operate public associations whose goals or actions are aimed at forcibly changing the foundations constitutional order and violation of the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national and religious hatred.
Article 14
1. The Russian Federation is a secular state. No religion can be established as a state or obligatory one.
2. Religious associations separated from the state and equal before the law.
Article 15
1. The Constitution of the Russian Federation has the highest legal force, direct action and applies throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.
2. Bodies of state power, bodies of local self-government, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.
3. Laws are subject to official publication. Unpublished laws do not apply. Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information.
4. Generally accepted principles and norms international law and international treaties of the Russian Federation are integral part its legal system. If an international treaty of the Russian Federation establishes other rules than those provided for by law, then the rules of the international treaty shall apply.
Article 16
1. The provisions of this Chapter of the Constitution constitute the foundations of the constitutional system of the Russian Federation and cannot be changed except in the manner prescribed by this Constitution.
2. No other provisions of this Constitution may contradict the foundations of the constitutional system of the Russian Federation.
Chapter 2
RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN
Article 17
1. The Russian Federation recognizes and guarantees the rights and freedoms of man and citizen in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution.
2. Fundamental human rights and freedoms are inalienable and belong to everyone from birth.
3. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.
Article 18
The rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice.
Article 19
1. Everyone is equal before the law and the court.
2. The state guarantees the equality of human and civil rights and freedoms regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation is prohibited.
3. A man and a woman have equal rights and freedoms and equal opportunities for their realization.
Article 20
1. Everyone has the right to life.
2. The death penalty until its abolition, it may be established by federal law as an exceptional punishment for especially grave crimes against life, while granting the accused the right to have his case heard by a jury.
Article 21
1. The dignity of the individual is protected by the state. Nothing can be grounds for belittling him.
2. No one shall be subjected to torture, violence, other cruel or degrading human dignity treatment or punishment. Nobody can be without voluntary consent subjected to medical, scientific or other experiments.
Article 22
1. Everyone has the right to liberty and security of person.
2. Arrest, detention and detention are allowed only by a court decision. Before judgment a person may not be detained for more than 48 hours.
Article 23
1. Everyone has the right to immunity privacy, personal and family secrets, protection of one's honor and good name.
2. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraphic and other communications. Restriction of this right is allowed only on the basis of a court decision.
Article 24
1. Collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed.
2. Bodies of state power and bodies of local self-government, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law.
Article 25
The residence is inviolable. No one has the right to enter a dwelling against the will of the persons living in it, except in cases established by federal law, or on the basis of a court decision.
Article 26
1. Everyone has the right to determine and indicate their nationality. No one can be forced to determine and indicate their nationality.
2. Everyone has the right to use their native language, to freely choose the language of communication, upbringing, education and creativity.
Article 27
1. Everyone who is legally located on the territory of the Russian Federation has the right to move freely, choose the place of stay and residence.
2. Everyone can freely travel outside the Russian Federation. A citizen of the Russian Federation has the right to freely return to the Russian Federation.
Article 28
Everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them.
Article 29
1. Everyone is guaranteed freedom of thought and speech.
2. Propaganda or agitation that incite social, racial, national or religious hatred and enmity are not allowed. Propaganda of social, racial, national, religious or linguistic superiority is prohibited.
3. No one may be forced to express their opinions and beliefs or to renounce them.
4. Everyone has the right to freely seek, receive, transmit, produce and distribute information in any legal way. List of information constituting state secret is determined by federal law.
5. Freedom of the media is guaranteed. Censorship is prohibited.
Article 30
1. Everyone has the right to associate, including the right to create trade unions to protect their interests. The freedom of activity of public associations is guaranteed.
2. No one may be forced to join or remain in any association.
Article 31
Citizens of the Russian Federation have the right to assemble peacefully, without weapons, to hold meetings, rallies and demonstrations, marches and picketing.
Article 32
1. Citizens of the Russian Federation have the right to participate in the management of state affairs both directly and through their representatives.
2. Citizens of the Russian Federation have the right to elect and be elected to bodies of state power and bodies of local self-government, as well as to participate in a referendum.
3. They do not have the right to elect and be elected citizens, recognized by the court incompetent, as well as those held in places of deprivation of liberty by a court verdict.
4. Citizens of the Russian Federation have equal access to public service.
5. Citizens of the Russian Federation have the right to participate in the administration of justice.
Article 33
Citizens of the Russian Federation have the right to apply personally, as well as to send individual and collective appeals to state bodies and local governments.
Article 34
1. Everyone has the right to free use their abilities and property for entrepreneurial and other economic activities not prohibited by law.
2. Economic activity aimed at monopolization and unfair competition is not allowed.
Article 35
1. Right private property protected by law.
2. Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons.
3. No one may be deprived of his property except by a court decision. Forced expropriation property for state needs can only be produced subject to prior and equivalent compensation.
4. The right to inherit is guaranteed.
Article 36
1. Citizens and their associations have the right to own land in private ownership.
2. Possession, use and disposal of land and other natural resources are carried out by their owners freely, if this does not damage the environment and does not violate the rights and legitimate interests other persons.
3. The conditions and procedure for the use of land are determined on the basis of a federal law.
Article 37
1. Labor is free. Everyone has the right to freely dispose of his abilities to work, to choose the type of activity and profession.
2. Forced labor is prohibited.
3. Everyone has the right to work in conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination and not lower than that established by federal law minimum size wages and the right to protection against unemployment.
4. The right to individual and collective labor disputes is recognized using the methods of their resolution established by federal law, including the right to strike.
5. Everyone has the right to rest. Working on employment contract the length of working hours established by federal law, holidays and holidays paid annual leave.
Article 38
1. Motherhood and childhood, the family are under the protection of the state.
2. Caring for children, their upbringing - equal right and parental responsibility.
3. Able-bodied children who have reached the age of 18 must take care of disabled parents.
Article 39
1. Everyone is guaranteed social security in old age, in case of illness, disability, loss of a breadwinner, for the upbringing of children and in other cases established by law.
2. State pensions and social benefits are established by law.
3. Voluntary social insurance is encouraged, the creation of additional forms social security and charity.
Article 40
1. Everyone has the right to housing. No one may be arbitrarily deprived of their home.
2. State authorities and local governments encourage housing construction create conditions for the exercise of the right to housing.
3. The poor, other citizens specified in the law who need housing, it is provided free of charge or for an affordable fee from state, municipal and other housing funds in accordance with statutory norms.
Article 41
1. Everyone has the right to health care and medical care. Medical care in state and municipal health care institutions is provided to citizens free of charge at the expense of the relevant budget, insurance premiums, and other revenues.
2. The Russian Federation finances federal programs protection and promotion of public health, measures are taken to develop state, municipal, private healthcare systems, activities that contribute to the strengthening of human health, the development of physical culture and sports, environmental and sanitary and epidemiological well-being are encouraged.
3. Concealment by officials of facts and circumstances that pose a threat to the life and health of people entails liability in accordance with federal law.
Article 42
Everyone has the right to a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense.
Article 43
1. Everyone has the right to education.
2. The general availability and free of charge of preschool, basic general and secondary vocational education in state or municipal educational institutions and enterprises.
3. Everyone has the right, on a competitive basis, to receive higher education free of charge in a state or municipal educational institution and at the enterprise.
4. Basic general education necessarily. Parents or persons replacing them ensure that children receive basic general education.
5. The Russian Federation establishes federal state educational standards, supports various forms of education and self-education.
Article 44
1. Everyone is guaranteed the freedom of literary, artistic, scientific, technical and other forms of creativity and teaching. Intellectual property protected by law.
2. Everyone has the right to participate in cultural life and use cultural institutions, to have access to cultural property.
3. Everyone is obliged to take care of the preservation of historical and cultural heritage, to protect historical and cultural monuments.
Article 45
1. State protection of human and civil rights and freedoms in the Russian Federation is guaranteed.
2. Everyone has the right to protect their rights and freedoms by all means not prohibited by law.
Article 46
1. Everyone is guaranteed judicial protection of his rights and freedoms.
2. Decisions and actions (or inaction) of public authorities, local governments, public associations and officials may be appealed to the court.
3. Everyone has the right, in accordance with the international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms, if all available domestic remedies have been exhausted.
Article 47
1. No one may be deprived of the right to have his case heard in that court and by that judge to whose jurisdiction it is referred by law.
2. A person accused of committing a crime has the right to have his case considered by a jury in cases provided for by federal law.
Article 48
1. Everyone is guaranteed the right to receive qualified legal assistance. In cases provided for by law, legal aid turns out to be free.
2. Every detainee, taken into custody, accused of committing a crime has the right to use the assistance of a lawyer (defender) from the moment of arrest, detention or charge, respectively.
Article 49
1. Each accused of committing a crime is considered innocent until his guilt is proven in accordance with the procedure provided for by federal law and established by a court verdict that has entered into legal force.
2. The accused is not required to prove his innocence.
3. Irremovable doubts about the guilt of a person shall be interpreted in favor of the accused.
Article 50
1. No one can be re-convicted for the same crime.
2. When administering justice, it is not allowed to use evidence obtained in violation of federal law.
3. Everyone convicted of a crime has the right to review the sentence by a higher court in the manner prescribed by federal law, as well as the right to ask for pardon or commutation of punishment.
Article 51
1. No one is obliged to testify against himself, his spouse and close relatives, the circle of which is determined by federal law.
2. Federal law may establish other cases of exemption from the obligation to testify.
Article 52
The rights of victims of crimes and abuses of power are protected by law. The state shall provide the victims with access to justice and compensation for the damage caused.
Article 53
Everyone has the right to state compensation for damage caused by illegal actions (or inaction) of public authorities or their officials.
Article 54
1. A law establishing or aggravating liability, retroactive does not have.
2. No one can be held responsible for an act that was not recognized as an offense at the time of its commission. If, after the offense has been committed, liability for it has been eliminated or mitigated, the new law shall apply.
Article 55
1. The enumeration in the Constitution of the Russian Federation of fundamental rights and freedoms should not be interpreted as a denial or derogation of other universally recognized rights and freedoms of man and citizen.
2. The Russian Federation must not issue laws that abolish or diminish the rights and freedoms of man and citizen.
3. The rights and freedoms of a person and a citizen may be limited by federal law only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.
Article 56
1. In a state of emergency, in order to ensure the safety of citizens and protect the constitutional order, in accordance with the federal constitutional law, individual restrictions on rights and freedoms may be established, indicating the limits and duration of their validity.
2. State of emergency throughout the territory of the Russian Federation and in its certain areas may be introduced in the presence of circumstances and in the manner established by federal constitutional law.
3. The rights and freedoms provided for by Articles 20, 21, 23 (Part 1), 24, 28, 34 (Part 1), 40 (Part 1), 46-54 of the Constitution of the Russian Federation are not subject to restriction.
Article 57
Everyone has to pay legally established taxes and fees. Laws that impose new taxes or worsen the situation of taxpayers do not have retroactive effect.
Article 58
Everyone is obliged to preserve nature and the environment, to treat natural resources with care.
Article 59
1. Defense of the Fatherland is the duty and obligation of a citizen of the Russian Federation.
2. A citizen of the Russian Federation shall perform military service in accordance with federal law.
3. A citizen of the Russian Federation, in the event that his convictions or religion is contrary to the performance of military service, as well as in other cases established by federal law, has the right to replace it with alternative civilian service.
Article 60
A citizen of the Russian Federation may independently carry out in full their rights and obligations from the age of 18.
Article 61
1. A citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to another state.
2. The Russian Federation guarantees its citizens protection and patronage outside its borders.
Article 62
1. A citizen of the Russian Federation may have citizenship of a foreign state (dual citizenship) in accordance with federal law or an international treaty of the Russian Federation.
2. The fact that a citizen of the Russian Federation has citizenship of a foreign state does not detract from his rights and freedoms and does not release him from obligations arising from Russian citizenship unless otherwise provided by federal law or an international treaty of the Russian Federation.
3. Foreign citizens and stateless persons in the Russian Federation enjoy the rights and bear obligations on an equal footing with citizens of the Russian Federation, except in cases established by federal law or an international treaty of the Russian Federation.
Article 63
1. The Russian Federation grants political asylum to foreign citizens and stateless persons in accordance with generally accepted norms international law.
2. The Russian Federation does not allow the extradition to other states of persons prosecuted for political opinions, as well as for actions (or omissions) that are not recognized as a crime in the Russian Federation. The extradition of persons accused of committing a crime, as well as the transfer of convicts to serve their sentences in other states, is carried out on the basis of a federal law or an international treaty of the Russian Federation.
Article 64
The provisions of this chapter form the basis of the legal status of an individual in the Russian Federation and cannot be changed except in the manner prescribed by this Constitution.
Chapter 3
FEDERAL STRUCTURE
Article 65
1. The following subjects of the Russian Federation are part of the Russian Federation:
Republic of Adygea (Adygea), Republic of Altai, Republic of Bashkortostan, Republic of Buryatia, Republic of Dagestan, Republic of Ingushetia 1 , Republic of Kabardino-Balkaria, Republic of Kalmykia 2 Sakha (Yakutia), Republic North Ossetia- Alania 3, the Republic of Tatarstan (Tatarstan), the Republic of Tyva, the Udmurt Republic, the Republic of Khakassia, Chechen Republic, Chuvash Republic- Chuvashia 4;
Altai Territory, Trans-Baikal Territory 5, Kamchatka Krai 6 , Krasnodar Territory, Krasnoyarsk Territory 7 , Perm Territory 8 , Primorsky Territory, Stavropol region, Khabarovsk region;
Amur region, Arkhangelsk region, Astrakhan region, Belgorod region, Bryansk region, Vladimir region, Volgograd region, Vologodskaya Oblast, Voronezh region, Ivanovo region, Irkutsk region 9 , 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, Oryol Region, Penza region, Pskov region, Rostov region, Ryazan Oblast, Samara Region, Saratov region, Sakhalin region, Sverdlovsk region, Smolensk region, Tambov Region, Tver region, Tomsk region, Tula region, Tyumen region, Ulyanovsk region, Chelyabinsk region, Yaroslavl region;
Moscow, St. Petersburg - cities of federal significance;
Jewish Autonomous Region;
Nenets Autonomous Okrug, Khanty-Mansi Autonomous Okrug - Yugra 10, Chukotsky Autonomous Okrug, Yamalo-Nenets Autonomous Okrug.
2. Admission to the Russian Federation and the formation of a new subject in its composition are carried out in the manner established by the federal constitutional law.
Article 66
1. The status of a republic is determined by the Constitution of the Russian Federation and the constitution of the republic.
2. The status of a territory, region, city of federal significance, autonomous region, autonomous district is determined by the Constitution of the Russian Federation and the charter of the territory, region, city of federal significance, autonomous region, autonomous district, adopted by the legislative (representative) body of the corresponding subject of the Russian Federation.
3. Upon the submission of legislative and executive bodies autonomous oblast, autonomous okrug, a federal law on an autonomous oblast, autonomous okrug may be adopted.
4. Relations between autonomous okrugs that are part of a krai or oblast may be regulated by federal law and an agreement between the state authorities of the autonomous okrug and, accordingly, the state authorities of the krai or oblast.
5. The status of a subject of the Russian Federation may be changed according to mutual agreement the Russian Federation and the subject of the Russian Federation in accordance with the federal constitutional law.
Article 67
1. The territory of the Russian Federation includes the territories of its subjects, inland waters and the territorial sea, the airspace above them.
2. The Russian Federation has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation in the manner determined by federal law and international law.
3. The boundaries between the subjects of the Russian Federation may be changed with their mutual consent.
Article 68
1. The state language of the Russian Federation throughout its territory is the Russian language.
2. Republics have the right to establish their own state language and. In public authorities, local governments, state institutions of the republics, they are used along with the state language of the Russian Federation.
3. The Russian Federation guarantees to all its peoples the right to preserve mother tongue, creating conditions for its study and development.
Article 69
The Russian Federation guarantees the rights of indigenous peoples in accordance with generally accepted principles and norms of international law and international treaties of the Russian Federation.
Article 70
1. State flag, coat of arms and anthem of the Russian Federation, their description and the procedure for official use are established by federal constitutional law.
2. The capital of the Russian Federation is the city of Moscow. The status of the capital is established by federal law.
Article 71
The jurisdiction of the Russian Federation is:
a) adoption and amendment of the Constitution of the Russian Federation and federal laws, control over their observance;
b) the federal structure and territory of the Russian Federation;
c) regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation; regulation and protection of rights national minorities;
d) establishment of a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities; formation of federal bodies of state power;
e) federal state property and its management;
f) establishing the foundations of federal policy and federal programs in the field of state, economic, environmental, social, cultural and national development Russian Federation;
g) establishment of the legal foundations of the single market; financial, currency, credit, customs regulation, money issue, bases of price policy; federal economic services, including federal banks;
h) the federal budget; federal taxes and fees; federal funds for regional development;
i) federal energy systems, nuclear power, fissile materials; federal transport, ways of communication, information and communication; activities in space;
j) foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation; issues of war and peace;
l) foreign economic relations Russian Federation;
l) defense and security; defense production; determination of the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property; production of toxic substances, narcotic drugs and the procedure for their use;
m) status determination and protection state border, territorial sea, airspace, exceptional economic zone and the continental shelf of the Russian Federation;
o) the judiciary; prosecutor's office; criminal, criminal procedural and criminal executive legislation; amnesty and pardon; civil, civil procedural and arbitration procedural legislation; legal regulation intellectual property;
o) federal conflict of laws;
p) meteorological service, standards, references, metric system and calculation of time; geodesy and cartography; names of geographical objects; official statistical and accounting;
c) state awards and honorary titles Russian Federation;
r) federal public service.
Article 72
1. The following are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation:
a) ensuring the conformity of the constitutions and laws of the republics, charters, laws and other regulatory legal acts of the territories, regions, cities of federal significance, autonomous regions, autonomous districts with the Constitution of the Russian Federation and federal laws;
b) protection of human and civil rights and freedoms; protection of the rights of national minorities; ensuring the rule of law, law and order, public safety; regime of border zones;
c) issues of ownership, use and disposal of land, subsoil, water and other natural resources;
d) delimitation of state property;
e) nature management; environmental protection and provision environmental safety; specially protected natural areas; protection of historical and cultural monuments;
e) general issues upbringing, education, science, culture, physical culture and sports;
g) coordination of health issues; protection of the family, motherhood, fatherhood and childhood; social protection, including social security;
h) implementation of measures to combat disasters, natural disasters, epidemics, liquidation of their consequences;
i) establishment of general principles of taxation and fees in the Russian Federation;
j) administrative, administrative-procedural, labor, family, housing, land, water, forest legislation, subsoil legislation, environmental protection legislation;
k) personnel of judicial and law enforcement agencies; advocacy, notaries;
l) protection of the original habitat and traditional way of life of small ethnic communities;
m) establishment of general principles for organizing the system of state authorities and local self-government;
n) coordination of international and foreign economic relations of the constituent entities of the Russian Federation, implementation of international treaties of the Russian Federation.
2. The provisions of this article equally apply to republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts.
Article 73
Outside the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the constituent entities of the Russian Federation have the full extent of state power.
Article 74
1. The establishment of customs borders, duties, fees and any other obstacles to the free movement of goods, services and financial resources is not allowed on the territory of the Russian Federation.
2. Restrictions on the movement of goods and services may be introduced in accordance with federal law, if it is necessary to ensure safety, protect human life and health, protect nature and cultural values.
Article 75
1. The monetary unit in the Russian Federation is the ruble. The issue of money is carried out exclusively central bank Russian Federation. The introduction and issue of other money in the Russian Federation is not allowed.
2. Protecting and ensuring the stability of the ruble is the main function of the Central Bank of the Russian Federation, which it performs independently of other state authorities.
3. The system of taxes levied to the federal budget and the general principles of taxation and fees in the Russian Federation are established by federal law.
4. Government loans are issued in the manner determined by federal law and are placed on a voluntary basis.
Article 76
1. On subjects of jurisdiction of the Russian Federation, federal constitutional laws and federal laws are adopted that have direct effect throughout the entire territory of the Russian Federation.
2. Federal laws and laws and other normative legal acts of the constituent entities of the Russian Federation adopted in accordance with them shall be issued on subjects of joint jurisdiction between the Russian Federation and the constituent entities of the Russian Federation.
3. Federal laws cannot contradict federal constitutional laws.
4. Outside the jurisdiction of the Russian Federation, joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation, republics, territories, regions, cities of federal significance, autonomous regions and autonomous districts exercise their own legal regulation, including the adoption of laws and other regulatory legal acts.
5. Laws and other normative legal acts of the constituent entities of the Russian Federation may not contradict federal laws adopted in accordance with parts one and two of this article. In the event of a conflict between a federal law and another act issued in the Russian Federation, the federal law shall prevail.
6. In the event of a conflict between a federal law and a regulatory legal act of a constituent entity of the Russian Federation issued in accordance with part four of this article, the regulatory legal act of a constituent entity of the Russian Federation shall be in force.
Article 77
1. The system of public authorities of republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts is established by the constituent entities of the Russian Federation independently in accordance with the fundamentals of the constitutional system of the Russian Federation and the general principles of organization of representative and executive bodies of state power established by federal law.
2. Within the limits of the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal executive authorities and executive authorities of the constituent entities of the Russian Federation shall form single system executive power in the Russian Federation.
Article 78
1. In order to exercise their powers, federal executive bodies may create their own territorial bodies and appoint appropriate officials.
2. The federal executive authorities, in agreement with the executive authorities of the constituent entities of the Russian Federation, may transfer to them the exercise of part of their powers, unless this contradicts the Constitution of the Russian Federation and federal laws.
3. The executive authorities of the constituent entities of the Russian Federation, by agreement with the federal executive authorities, may delegate to them the exercise of part of their powers.
4. The President of the Russian Federation and the Government of the Russian Federation shall ensure, in accordance with the Constitution of the Russian Federation, the exercise of the powers of the federal state power throughout the entire territory of the Russian Federation.
Article 79
The Russian Federation may participate in interstate associations and transfer part of its powers to them in accordance with international treaties, if this does not entail restrictions on the rights and freedoms of man and citizen and does not contradict the foundations of the constitutional order of the Russian Federation.
Chapter 4
PRESIDENT OF RUSSIAN FEDERATION
Article 80
1. The President of the Russian Federation is the head of state.
2. The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. In accordance with the procedure established by the Constitution of the Russian Federation, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of state authorities.
3. The President of the Russian Federation, in accordance with the Constitution of the Russian Federation and federal laws, determines the main directions of internal and foreign policy states.
4. The President of the Russian Federation, as head of state, represents the Russian Federation within the country and in international relations.
Article 81
1. The President of the Russian Federation is elected for a term of six years by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot 11 .
2. A citizen of the Russian Federation not younger than 35 years of age who has permanently resided in the Russian Federation for at least 10 years may be elected President of the Russian Federation.
3. The same person cannot hold the office of the President of the Russian Federation for more than two consecutive terms.
4. The procedure for electing the President of the Russian Federation is determined by federal law.
Article 82
1. Upon taking office, the President of the Russian Federation takes the following oath to the people:
"I swear, when exercising the powers of the President of the Russian Federation, to respect and protect 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 is taken in a solemn atmosphere in the presence of members of the Federation Council, deputies State Duma and judges of the Constitutional Court of the Russian Federation.
Article 83
a) appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;
b) has the right to chair meetings of the Government of the Russian Federation;
c) decide on the resignation of the Government of the Russian Federation;
d) submit to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; puts before the State Duma the issue of dismissal of the Chairman of the Central Bank of the Russian Federation;
e) on the proposal of the Chairman of the Government of the Russian Federation, appoints and dismisses the Deputy Chairman of the Government of the Russian Federation, federal ministers;
f) submit to the Federation Council candidates for appointment to the positions of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court the Russian Federation, as well as the candidacy of the Prosecutor General of the Russian Federation; submits to the Federation Council a proposal to dismiss the Prosecutor General of the Russian Federation; appoints judges of other federal courts;
g) forms and heads the Security Council of the Russian Federation, the status of which is determined by federal law;
h) approve the military doctrine of the Russian Federation;
i) forms the Administration of the President of the Russian Federation;
j) appoint and dismiss authorized representatives of the President of the Russian Federation;
k) appoint and dismiss the high command of the Armed Forces of the Russian Federation;
l) appoints and recalls, after consultations with the relevant committees or commissions of the chambers of the Federal Assembly, the diplomatic representatives of the Russian Federation in foreign states and international organizations.
Article 84
President of Russian Federation:
a) calls elections to the State Duma in accordance with the Constitution of the Russian Federation and federal law;
b) dissolve the State Duma in the cases and in the manner prescribed by the Constitution of the Russian Federation;
c) calls a referendum in accordance with the procedure established by the federal constitutional law;
d) submit bills to the State Duma;
e) signs and promulgates federal laws;
f) addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the domestic and foreign policy of the state.
Article 85
1. The President of the Russian Federation may use conciliation procedures to resolve disagreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation. In case of failure to reach an agreed solution, he may refer the dispute to the appropriate court.
2. The President of the Russian Federation has the right to suspend acts of the executive authorities of the constituent entities of the Russian Federation in the event of a conflict between these acts of the Constitution of the Russian Federation and federal laws, international obligations of the Russian Federation or violation of the rights and freedoms of man and citizen until this issue is resolved by the appropriate court.
Article 86
President of Russian Federation:
a) directs the foreign policy of the Russian Federation;
b) negotiates and signs international treaties of the Russian Federation;
c) signs the instruments of ratification;
d) accept letters of credence and recall from diplomatic representatives accredited to him.
Article 87
1. The President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.
2. In case of aggression against the Russian Federation or immediate threat aggression, the President of the Russian Federation introduces martial law on the territory of the Russian Federation or in its individual areas with an immediate notification of this to the Federation Council and the State Duma.
3. The regime of martial law is determined by the federal constitutional law.
Article 88
The President of the Russian Federation, under the circumstances and in the manner prescribed by the federal constitutional law, introduces a state of emergency on the territory of the Russian Federation or in its individual localities with an immediate notification of this to the Federation Council and the State Duma.
Article 89
President of Russian Federation:
a) resolves issues of citizenship of the Russian Federation and granting political asylum;
b) bestow state awards of the Russian Federation, confer honorary titles of the Russian Federation, higher military and higher special ranks;
c) grants pardon.
Article 90
1. The President of the Russian Federation issues decrees and orders.
2. Decrees and orders of the President of the Russian Federation are binding on the entire territory of the Russian Federation.
3. Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws.
Article 91
The President of the Russian Federation enjoys immunity.
Article 92
1. The President of the Russian Federation begins to exercise his powers from the moment he takes the oath and terminates their exercise with the expiration of his tenure in office from the moment the newly elected President of the Russian Federation takes the oath.
2. The President of the Russian Federation terminates the exercise of his powers ahead of schedule in the event of his resignation, persistent inability for health reasons to exercise his powers, or removal from office. At the same time, the elections of the President of the Russian Federation must be held no later than three months from the date of early termination execution of powers.
3. In all cases when the President of the Russian Federation is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Russian Federation. The Acting President of the Russian Federation does not have the right to dissolve the State Duma, call a referendum, or make proposals for amendments and revision of the provisions of the Constitution of the Russian Federation.
Article 93
1. The President of the Russian Federation may be removed from office by the Federation Council only on the basis of an accusation brought by the State Duma of high treason or doing another serious crime, confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation and the conclusion of the Constitutional Court of the Russian Federation on compliance with established order bringing charges.
2. The decision of the State Duma to bring charges and the decision of the Federation Council to remove the President from office must be adopted by a two-thirds vote of total number in each of the chambers on the initiative of at least one third of the deputies of the State Duma and in the presence of a conclusion special commission formed by the State Duma.
3. The decision of the Federation Council to remove the President of the Russian Federation from office must be taken no later than three months after the State Duma brought charges against the President. If within this period the decision of the Federation Council is not adopted, the accusation against the President is considered dismissed.
Chapter 5
FEDERAL ASSEMBLY
Article 94
The Federal Assembly - the Parliament of the Russian Federation - is representative and legislature Russian Federation.
Article 95
1. The Federal Assembly consists of two chambers - the Federation Council and the State Duma.
2. The Federation Council includes two representatives from each constituent entity of the Russian Federation: one each from the representative and executive bodies of state power.
3. The State Duma consists of 450 deputies.
Article 96
1. The State Duma is elected for a term of five years 12 .
2. The procedure for the formation of the Federation Council and the procedure for the election of deputies of the State Duma are established by federal laws.
Article 97
1. A citizen of the Russian Federation who has reached the age of 21 and has the right to participate in elections may be elected a deputy of the State Duma.
2. The same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma. A deputy of the State Duma cannot be a deputy of other representative bodies of state power and bodies of local self-government.
3. Deputies of the State Duma work on a permanent professional basis. Deputies of the State Duma cannot be in the public service, engage in other paid activities, except for teaching, scientific and other creative activities.
Article 98
1. Members of the Federation Council and deputies of the State Duma shall enjoy immunity during the entire term of their powers. They may not be detained, arrested, searched, except in cases of detention at the scene of a crime, and also subjected to body searches, except as required by federal law to ensure the safety of other people.
2. The issue of deprivation of immunity is decided upon the proposal of the Prosecutor General of the Russian Federation by the relevant chamber of the Federal Assembly.
Article 99
1. The Federal Assembly is a permanent body.
2. The State Duma meets for the first session on the thirtieth day after the election. The President of the Russian Federation may convene a meeting of the State Duma earlier than this date.
3. The first meeting of the State Duma is opened by the oldest deputy.
4. From the moment the work of the State Duma of the new convocation begins, the powers of the State Duma of the previous convocation shall cease.
Article 100
1. The Federation Council and the State Duma shall sit separately.
2. Sessions of the Federation Council and the State Duma are public. In cases stipulated by the regulations of the chamber, it has the right to hold closed meetings.
3. The Chambers may meet together to hear messages from the President of the Russian Federation, messages from the Constitutional Court of the Russian Federation, and speeches by heads of foreign states.
Article 101
1. The Federation Council elects the Chairman of the Federation Council and his deputies from among its members. The State Duma elects from among its members the Chairman of the State Duma and his deputies.
2. The Chairman of the Federation Council and his deputies, the Chairman of the State Duma and his deputies conduct meetings and manage the internal routine of the chamber.
3. The Federation Council and the State Duma form committees and commissions, hold parliamentary hearings on issues within their jurisdiction.
4. Each of the chambers adopts its own regulations and decides on the internal regulations of its activities.
5. To exercise control over the execution of the federal budget, the Federation Council and the State Duma form the Accounts Chamber, the composition and procedure for which are determined by federal law.
Article 102
1. The jurisdiction of the Federation Council includes:
a) approval of changes in the borders between the constituent entities 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) resolving the issue of 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) removal of the President of the Russian Federation from office;
g) appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;
h) appointment and dismissal of the Prosecutor General of the Russian Federation;
i) Appointment and dismissal of the Deputy Chairman Accounts Chamber and half of its auditors.
2. The Federation Council adopts resolutions on issues referred to its jurisdiction by the Constitution of the Russian Federation.
3. Resolutions of the Federation Council are adopted by a majority vote of the total number of members of the Federation Council, unless a different decision-making procedure is provided for by the Constitution of the Russian Federation.
Article 103
1. The jurisdiction of the State Duma includes:
a) giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;
b) resolving the issue of confidence in the Government of the Russian Federation;
c) hearing the annual reports of the Government of the Russian Federation on the results of its activities, including on issues raised by the State Duma 13 ;
d) appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;
e) appointment and dismissal of the Chairman of the Accounts Chamber and half of its auditors;
f) appointment and dismissal of the Commissioner for Human Rights, acting in accordance with federal constitutional law;
g) announcement of amnesty;
h) bringing charges against the President of the Russian Federation to remove him from office.
2. The State Duma adopts resolutions on issues referred to its jurisdiction by the Constitution of the Russian Federation.
3. Resolutions of the State Duma are adopted by a majority vote of the total number of deputies of the State Duma, unless a different procedure for making decisions is provided for by the Constitution of the Russian Federation.
Article 104
1. Right legislative initiative belongs to the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, legislative (representative) bodies of the subjects of the Russian Federation. The right of legislative initiative also belongs to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on matters within their jurisdiction.
2. Draft laws are submitted to the State Duma.
3. Draft laws on the introduction or abolition of taxes, exemption from their payment, on the issuance of state loans, on changing the financial obligations of the state, other bills providing for expenditures to be covered from the federal budget, may be introduced only if there is an opinion of the Government of the Russian Federation.
Article 105
1. Federal laws are adopted by the State Duma.
2. Federal laws are adopted by a majority vote of the total number of deputies of the State Duma, unless otherwise provided by the Constitution of the Russian Federation.
3. Federal laws adopted by the State Duma are submitted to the Federation Council for consideration within five days.
4. A federal law is considered approved by the Federation Council if more than half of the total number of members of this chamber voted for it, or if it was not considered by the Federation Council within fourteen days. If a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the disagreements that have arisen, after which the federal law is subject to re-consideration by the State Duma.
5. If the State Duma does not agree with the decision of the Federation Council, a federal law shall be considered adopted if at least two-thirds of the total number of deputies of the State Duma voted for it in the repeated voting.
Article 106
Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration in the Federation Council:
a) the federal budget;
b) federal taxes and fees;
c) financial, currency, credit, customs regulation, money issue;
d) ratification and denunciation of international treaties of the Russian Federation;
e) the status and protection of the state border of the Russian Federation;
e) war and peace.
Article 107
1. The adopted federal law is sent to the President of the Russian Federation within five days for signing and promulgation.
2. The President of the Russian Federation within fourteen days signs the federal law and promulgates it.
3. If the President of the Russian Federation rejects it within fourteen days from the date of receipt of the federal law, the State Duma and the Federation Council, in accordance with the procedure established by the Constitution of the Russian Federation, reconsider this law. If at reconsideration the federal law will be approved in the previously adopted version by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it must be signed by the President of the Russian Federation within seven days and promulgated.
Article 108
1. Federal constitutional laws are adopted on issues provided for by the Constitution of the Russian Federation.
2. A federal constitutional law is considered adopted if it is approved by a majority of at least three-quarters of the total number of members of the Federation Council and at least two-thirds of the total number of deputies of the State Duma. The adopted federal constitutional law is subject to signing by the President of the Russian Federation and promulgation within fourteen days.
Article 109
1. The State Duma may be dissolved by the President of the Russian Federation in the cases provided for by Articles 111 and 117 of the Constitution of the Russian Federation.
2. In the event of the dissolution of the State Duma, the President of the Russian Federation sets a date for the election so that the newly elected State Duma meets no later than four months after the date of dissolution.
3. The State Duma cannot be dissolved on the grounds provided for by Article 117 of the Constitution of the Russian Federation within a year after its election.
4. The State Duma cannot be dissolved from the moment it brings charges against the President of the Russian Federation until the appropriate decision is made by the Federation Council.
5. The State Duma may not be dissolved during the period of martial law or state of emergency throughout the Russian Federation, as well as within six months before the expiration of the term of office of the President of the Russian Federation.
Chapter 6
GOVERNMENT OF THE RUSSIAN FEDERATION
Article 110
1. The executive power of 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 of the Russian Federation and federal ministers.
Article 111
1. The Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation with the consent of the State Duma.
2. A proposal for the candidacy of the Chairman of the Government of the Russian Federation shall be submitted no later than two weeks after the newly elected President of the Russian Federation takes office or after the resignation of the Government of the Russian Federation, or within a week from the day the candidacy was rejected by the State Duma.
3. The State Duma considers the candidature of the Chairman of the Government of the Russian Federation submitted by the President of the Russian Federation within a week from the date of the proposal for a candidate.
4. After the threefold rejection of the submitted candidacies of the Chairman of the Government of the Russian Federation by the State Duma, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma and calls new elections.
Article 112
1. The Chairman of the Government of the Russian Federation, not later than one week after his appointment, shall submit to the President of the Russian Federation proposals on the structure of federal executive bodies.
2. The Chairman of the Government of the Russian Federation proposes to the President of the Russian Federation candidates for the positions of Deputy Chairman of the Government of the Russian Federation and federal ministers.
Article 113
The Chairman of the Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation, determines the main areas of activity of the Government of the Russian Federation and organizes its work.
Article 114
1. Government of the Russian Federation:
a) develop and submit to the State Duma the federal budget and ensure its execution; submits to the State Duma a report on the execution of the federal budget; presents to the State Duma annual reports on the results of their activities, including on issues raised by the State Duma 14 ;
b) ensures the implementation of a unified financial, credit and monetary policy in the Russian Federation;
c) ensures the implementation in the Russian Federation of a unified state policy in the field of culture, science, education, healthcare, social security, and ecology;
d) manage federal property;
e) takes measures to ensure the defense of the country, state security, and the implementation of the foreign policy of the Russian Federation;
f) takes measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order, the fight against crime;
g) exercise other powers assigned to him by the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation.
2. The procedure for the activities of the Government of the Russian Federation is determined by the federal constitutional law.
Article 115
1. Based on and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation, the Government of the Russian Federation issues resolutions and orders and ensures their implementation.
2. Decrees and orders of the Government of the Russian Federation are obligatory for execution in the Russian Federation.
3. Decrees and orders of the Government of the Russian Federation, if they conflict with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation, may be canceled by the President of the Russian Federation.
Article 116
Before the newly elected President of the Russian Federation, the Government of the Russian Federation resigns its powers.
Article 117
1. The Government of the Russian Federation may submit a resignation, which is accepted or rejected by the President of the Russian Federation.
2. The President of the Russian Federation may decide on the resignation of the Government of the Russian Federation.
3. The State Duma may express no confidence in the Government of the Russian Federation. A resolution of no confidence in the Government of the Russian Federation is adopted by a majority vote of the total number of deputies of the State Duma. After the State Duma expresses no confidence in the Government of the Russian Federation, the President of the Russian Federation has the right to announce the resignation of the Government of the Russian Federation or disagree with the decision of the State Duma. If the State Duma repeatedly expresses no confidence in the Government of the Russian Federation within three months, the President of the Russian Federation announces the resignation of the Government or dissolves the State Duma.
4. The Chairman of the Government of the Russian Federation may raise the issue of confidence in the Government of the Russian Federation before the State Duma. If the State Duma refuses confidence, the President within seven days decides on the resignation of the Government of the Russian Federation or on the dissolution of the State Duma and the appointment of new elections.
5. In the event of resignation or resignation, the Government of the Russian Federation, on behalf of the President of the Russian Federation, continues to act until the formation of a new Government of the Russian Federation.
Chapter 7
JUDICIAL BRANCH
Article 118
1. Justice in the Russian Federation is carried out only by the court.
2. Judicial power is exercised through constitutional, civil, administrative and criminal proceedings.
3. The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and the federal constitutional law. The creation of emergency courts is not allowed.
Article 119
Citizens of the Russian Federation who have reached the age of 25, who have a higher legal education and at least five years of experience in the legal profession. The federal law may establish additional requirements for judges of the courts of the Russian Federation.
Article 120
1. Judges are independent and subject only to the Constitution of the Russian Federation and federal law.
2. The court, having established during the consideration of the case that the act of a state or other body does not comply with the law, makes a decision in accordance with the law.
Article 121
1. Judges are irremovable.
2. The powers of a judge may be terminated or suspended only in the manner and on the grounds established by federal law.
Article 122
1. Judges are inviolable.
2. A judge cannot be called to criminal liability otherwise than in the manner prescribed by federal law.
Article 123
1. The trial of cases in all courts is open. Hearing a case in a closed session is allowed in cases stipulated by federal law.
2. Trial of criminal cases in absentia in courts is not allowed, except for the cases provided for by federal law.
3. Judicial proceedings are carried out on the basis of competitiveness and equality of the parties.
4. In cases stipulated by federal law, legal proceedings are carried out with the participation of jurors.
Article 124
Financing of the courts is made only from the federal budget and must ensure the possibility of full and independent administration of justice in accordance with federal law.
Article 125
1. Constitutional Court The Russian Federation consists of 19 judges.
2. The Constitutional Court of the Russian Federation at the request of the President of the Russian Federation, the Federation Council, the State Duma, one-fifth of the members of the Federation Council or deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, legislative and executive authorities of the constituent entities of the Russian Federation Federation resolves cases on compliance with the Constitution of the Russian Federation:
a) federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;
b) the constitutions of the republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of the state authorities of the Russian Federation and the joint jurisdiction of the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation;
c) agreements between public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation, agreements between public authorities of the constituent entities of the Russian Federation;
d) international treaties of the Russian Federation that have not entered into force.
3. The Constitutional Court of the Russian Federation resolves disputes about the competence of:
a) between federal government bodies;
b) between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation;
c) between the highest state bodies of the subjects of the Russian Federation.
4. The Constitutional Court of the Russian Federation on complaints of violation constitutional rights and freedoms of citizens and, at the request of the courts, checks the constitutionality of the law applied or to be applied in a particular case, in the manner prescribed by federal law.
5. The Constitutional Court of the Russian Federation, at the request of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, the legislative authorities of the constituent entities of the Russian Federation, gives an interpretation of the Constitution of the Russian Federation.
6. Acts or their separate provisions, recognized as unconstitutional, lose their force; international treaties of the Russian Federation that do not comply with the Constitution of the Russian Federation are not subject to entry into force and application.
7. The Constitutional Court of the Russian Federation, at the request of the Federation Council, issues an opinion on compliance with the established procedure for accusing the President of the Russian Federation of high treason or committing another grave crime.
Article 126
The Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases, jurisdictional courts general jurisdiction, carries out in accordance with federal law procedural forms judicial review for their activities and provides clarifications on issues of judicial practice.
Article 127
The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts, exercises judicial supervision over their activities in the procedural forms provided for by federal law and provides clarifications on issues of judicial practice.
Article 128
1. Judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation.
2. Judges of other federal courts are appointed by the President of the Russian Federation in the manner prescribed by federal law.
3. The powers, procedure for the formation and operation of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other federal courts are established by federal constitutional law.
Article 129
1. The Prosecutor's Office of the Russian Federation constitutes a single centralized system with the subordination of lower prosecutors to higher ones and to the Prosecutor General of the Russian Federation.
2. The Prosecutor General of the Russian Federation is appointed and dismissed by the Federation Council on the proposal of the President of the Russian Federation.
3. Prosecutors of the subjects of the Russian Federation are appointed Attorney General Russian Federation in agreement with its subjects.
4. Other prosecutors are appointed by the Prosecutor General of the Russian Federation.
5. The powers, organization and procedure for the activities of the prosecutor's office of the Russian Federation are determined by federal law.
Chapter 8
LOCAL GOVERNMENT
Article 130
1. Local self-government in the Russian Federation provides independent decision population issues local importance possession, use and disposal municipal property Yu.
2. Local self-government is exercised by citizens through a referendum, elections, other forms of direct expression of will, through elected and other bodies of local self-government.
Article 131
1. Local self-government is carried out in urban, rural settlements and in other territories, taking into account historical and other local traditions. The structure of local self-government bodies is determined by the population independently.
2. Changing the boundaries of territories in which local self-government is exercised is allowed, taking into account the opinion of the population of the respective territories.
Article 132
1. Local self-government bodies independently manage municipal property, form, approve and execute the local budget, establish local taxes and fees, carry out the protection of public order, and also resolve other issues of local importance.
2. Bodies of local self-government may be endowed by law with separate government powers with the transfer of material and financial resources necessary for their implementation. The implementation of the delegated powers is controlled by the state.
Article 133
Local self-government in the Russian Federation is guaranteed by the right to judicial protection, for compensation additional costs arising as a result of decisions taken by public authorities, a ban on restricting the rights of local self-government established by the Constitution of the Russian Federation and federal laws.
Chapter 9
CONSTITUTIONAL AMENDMENTS AND REVISION OF THE CONSTITUTION
Article 134
Proposals for amendments and revision of the provisions of the Constitution of the Russian Federation may be submitted by the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, the legislative (representative) bodies of the constituent entities of the Russian Federation, as well as a group of at least one-fifth of the members of the Federation Council or deputies of the State Duma.
Article 135
1. The provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation cannot be revised by the Federal Assembly.
2. If the proposal to revise 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 members of the Federation Council and deputies of the State Duma, then the Constitutional Assembly shall be convened in accordance with federal constitutional law.
3. The Constitutional Assembly either confirms the invariance of the Constitution of the Russian Federation, or develops a draft of a new Constitution of the Russian Federation, which is adopted Constitutional Assembly by two-thirds of the votes of the total number of its members or submitted to a popular vote. When holding a popular vote, the Constitution of the Russian Federation is considered adopted if more than half of the voters who took part in the voting voted for it, provided that more than half of the voters took part in it.
Article 136
Amendments to Chapters 3-8 of the Constitution of the Russian Federation are adopted in the manner prescribed for the adoption of a federal constitutional law, and come into force after they are approved by the legislative authorities of at least two-thirds of the constituent entities of the Russian Federation.
Article 137
1. Changes to Article 65 of the Constitution of the Russian Federation, which determines the composition of the Russian Federation, are made on the basis of the federal constitutional law on the admission to the Russian Federation and the formation of a new subject of the Russian Federation within it, on changing the constitutional and legal status of the subject of the Russian Federation.
2. In the event of a change in the name of a republic, territory, region, federal city, autonomous region, autonomous district, the new name of a subject of the Russian Federation shall be included in Article 65 of the Constitution of the Russian Federation.
SECTION TWO
Final and transitional provisions
1. The Constitution of the Russian Federation shall enter into force on the day of its official publication based on the results of a popular vote.
At the same time, the Constitution (Basic Law) of the Russian Federation - Russia, adopted on April 12, 1978, with subsequent changes and additions, is terminated.
In case of inconsistency with the provisions of the Constitution of the Russian Federation, the provisions of the Federal Treaty - the Treaty on the delimitation of subjects of jurisdiction and powers between the federal government bodies of the Russian Federation and the government bodies of sovereign republics within the Russian Federation, the Treaty on the delimitation of subjects of jurisdiction and powers between the federal government bodies of the Russian Federation and state authorities of the territories, regions, cities of Moscow and St. Petersburg of the Russian Federation, the Treaty on the delimitation of the subjects of jurisdiction and powers between the federal state authorities of the Russian Federation and the state authorities of the autonomous region, autonomous districts within the Russian Federation, as well as other agreements between federal state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, agreements between state authorities sub objects of the Russian Federation - the provisions of the Constitution of the Russian Federation apply.
2. Laws and other legal acts in force on the territory of the Russian Federation prior to the entry into force of this Constitution shall be applied to the extent not contrary to the constitution Russian Federation.
3. The President of the Russian Federation, elected in accordance with the Constitution (Basic Law) of the Russian Federation - Russia, from the date of entry into force of this Constitution, exercises the powers established by it until the expiration of the term for which he was elected.
4. The Council of Ministers - the Government of the Russian Federation from the date of entry into force of this Constitution acquires the rights, duties and responsibilities of the Government of the Russian Federation established by the Constitution of the Russian Federation, and henceforth is referred to as the Government of the Russian Federation.
5. Courts in the Russian Federation administer justice in accordance with their powers established by this Constitution.
After the entry into force of the Constitution, judges of all courts of the Russian Federation shall retain their powers until the expiration of the term for which they were elected. Vacancies replaced in the manner prescribed by this Constitution.
6. Pending the entry into force of the federal law establishing the procedure for the consideration of cases by a court with the participation of jurors, the former procedure for the judicial consideration of relevant cases shall be retained.
Until the criminal procedure legislation of the Russian Federation is brought into line with the provisions of this Constitution, the previous procedure for the arrest, detention and detention of persons suspected of committing a crime shall be preserved.
7. The Federation Council of the first convocation and the State Duma of the first convocation are elected for a period of two years.
8. The Federation Council meets for its first meeting on the thirtieth day after the election. The first meeting of the Federation Council is opened by the President of the Russian Federation.
9. A deputy of the State Duma of the first convocation may simultaneously be a member of the Government of the Russian Federation. Deputies of the State Duma - members of the Government of the Russian Federation are not subject to the provisions of this Constitution on the immunity of deputies in terms of responsibility for actions (or inaction) related to the performance of official duties.
Deputies of the Federation Council of the first convocation exercise their powers on a non-permanent basis.
_________________
1 The new name of the Republic was given in accordance with the Decree of the President of the Russian Federation of January 9, 1996 N 20 "On the inclusion of new names of subjects of the Russian Federation in Article 65 of the Constitution of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, N 3, Art. 152) .
2 The new name of the Republic was given in accordance with the Decree of the President of the Russian Federation of February 10, 1996 No. 173 "On the inclusion of a new name of the subject of the Russian Federation in Article 65 of the Constitution of the Russian Federation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 7, Art. 676).
3 The new name of the Republic was given in accordance with Decree of the President of the Russian Federation of January 9, 1996 N 20 "On the inclusion of new names of subjects of the Russian Federation in Article 65 of the Constitution of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, N 3, Art. 152) .
4 The new name of the Republic was given in accordance with the Decree of the President of the Russian Federation of June 9, 2001 N 679 "On the inclusion of a new name of the subject of the Russian Federation in Article 65 of the Constitution of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, N 24, Art. 2421) .
5 The name of the new subject of the Russian Federation - the Trans-Baikal Territory - was given in connection with its formation on March 1, 2008, and the names of the Chita Region and the Aginsky Buryat Autonomous Okrug that ceased to exist on March 1, 2008 as subjects of the Russian Federation are excluded from part 1 of the article 65 of the Constitution of the Russian Federation on the basis of the Federal Constitutional Law of July 21, 2007 N 5-FKZ "On the formation of a new constituent entity of the Russian Federation as part of the Russian Federation as a result of the unification of the Chita Region and the Aginsky Buryat Autonomous Okrug" (Collected Legislation of the Russian Federation, 2007, N 30, article 3745).
6 The name of the new subject of the Russian Federation - Kamchatka Krai - was given in connection with its formation on July 1, 2007, and the names of Kamchatka Oblast and the Koryak Autonomous Okrug that ceased to exist on July 1, 2007 as subjects of the Russian Federation are excluded from Part 1 of Article 65 of the Constitution of the Russian Federation on the basis of the Federal Constitutional Law of July 12, 2006 N2-FKZ "On the Formation of a New Subject of the Russian Federation in the Russian Federation as a Result of the Unification of the Kamchatka Region and the Koryak Autonomous Okrug" (Collected Legislation of the Russian Federation, 2006, No. 29, Art. .3119).
7 The name of the new subject of the Russian Federation - the Krasnoyarsk Territory - is given in connection with its formation from January 1, 2007, and the names of the Taimyr (Dolgano-Nenets) Autonomous Okrug and the Evenk Autonomous Okrug that ceased to exist since January 1, 2007 as subjects of the Russian Federation excluded from Part 1 of Article 65 of the Constitution of the Russian Federation on the basis of the Federal Constitutional Law of October 14, 2005 N 6-FKZ "On the formation of a new subject of the Russian Federation within the Russian Federation as a result of the unification Krasnoyarsk Territory, the Taimyr (Dolgano-Nenets) Autonomous Okrug and the Evenk Autonomous Okrug" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, No. 42, Art. 4212).
8 The name of the new subject of the Russian Federation - the Perm Territory - is given in connection with its formation on December 1, 2005, and the names of the Perm Region and Komi-Permyatsky Autonomous Okrug that ceased to exist on December 1, 2005 as subjects of the Russian Federation are excluded from part 1 Article 65 of the Constitution of the Russian Federation on the basis of the Federal Constitutional Law of March 25, 2004 N 1-FKZ "On the formation of a new subject of the Russian Federation as part of the Russian Federation as a result of the unification of the Perm Region and the Komi-Permyatsk Autonomous Okrug" (Collected Legislation of the Russian Federation, 2004 , N 13, item 1110).
9 The name of the new subject of the Russian Federation - the Irkutsk region - was given in connection with its formation on January 1, 2008, and the name of the Ust-Orda Buryat Autonomous Okrug, which ceased to exist on January 1, 2008 as a subject of the Russian Federation, was excluded from part 1 of Article 65 of the Constitution of the Russian Federation on the basis of the Federal Constitutional Law of December 30, 2006 N 6-FKZ "On the formation of a new subject of the Russian Federation within the Russian Federation as a result of the unification Irkutsk region and Ust-Orda Buryat Autonomous Okrug" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2007, No. 1, item 1).
10 The new name of the Autonomous Okrug was given in accordance with the Decree of the President of the Russian Federation of July 25, 2003 N 841 "On the inclusion of a new name of the subject of the Russian Federation in Article 65 of the Constitution of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 30. Art. 3051 ).
11 The wording of part 1 is given in accordance with the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ "On changing the term of office of the President of the Russian Federation and the State Duma", which entered into force from the date of its official publication on December 31 2008 (Rossiyskaya Gazeta, 2008, December 31). Applies to the President of the Russian Federation, elected after the entry into force of the said Law.
12 The wording of part 1 is given in accordance with the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ "On changing the term of office of the President of the Russian Federation and the State Duma", which entered into force from the date of its official publication on December 31 2008 (Rossiyskaya Gazeta, 2008, December 31). Applies to the State Duma, elected after the entry into force of the said Law.
13 Part 1 is supplemented by a new paragraph "c", letter designations The following paragraphs were changed in accordance with the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of December 30, 2008 N 7-FKZ "On the control powers of the State Duma in relation to the Government of the Russian Federation", which entered into force on the day of its official publication on December 31, 2008 (Rossiyskaya Gazeta, 2008, December 31).
14 The wording of paragraph "a" of part 1 is given in accordance with the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of December 30, 2008 N 7-FKZ "On the control powers of the State Duma in relation to the Government of the Russian Federation", which entered into force from the date of its official publication on December 31, 2008 (Rossiyskaya Gazeta, 2008, December 31).
And replaced it with the Federal Assembly of the Russian Federation, consisting of the Federation Council, which included 2 representatives from each subject of the Federation, and the State Duma, elected by the people.
The Constitution has the highest legal force, fixing the foundations of the constitutional order, the state structure, the formation of representative, executive, judicial authorities and the system of local self-government.
History of the constitution
However, the complex alignment of political forces in the people's deputies led to a significant delay in the adoption of the new Constitution. Basically, the process followed the path of introducing numerous changes to the current Constitution of the RSFSR, which, in connection with this, acquired a controversial character. Some of its norms contradicted others. This inconsistency caused a fierce confrontation and confrontation between the legislative and executive powers.
The high point of this conflict was the events in October 1993, which were resolved during the armed clash of the authorities with the dissolution of the Congress of People's Deputies and the Supreme Council. There was not only a political, but also a constitutional crisis. Under these conditions, the adoption of a new Constitution was supposed to be the basis for establishing stability in society.
Many drafts of the new Constitution were prepared. The main ones were two:
- convened by decision of the President of the Russian Federation B. N. Yeltsin
As a result, the draft of the Constitutional Conference absorbed many of the provisions of the draft of the Constitutional Commission and was adopted as the basis for the final revision of the Constitution with the involvement of the subjects of the Federation, deputies, their various factions, specialists, working groups. After a significant revision, this draft Constitution was submitted by the President for a nationwide vote.
On December 12, 1993, the voting took place. 58.43% voted for the adoption of the Constitution, 41.57% voted against. The new Constitution was adopted and entered into force from the date of its publication on December 25 of the same year.
Constitution of the Russian Federation 1993
Structure
The current Constitution of Russia consists of the Preamble and two sections. The Preamble proclaims that the people of Russia accept this Constitution; democratic and humanistic values are consolidated; the place of Russia in the modern world is determined. The first section includes 9 chapters and consists of 137 articles, fixing the foundations of the political, social, legal, economic, social systems in the Russian Federation, fundamental rights and freedoms of the individual, the federal structure of the Russian Federation, the status of public authorities, as well as the procedure for reviewing the Constitution and introducing amendments to it. The second section defines the final and transitional provisions and serves as the basis for the continuity and stability of constitutional and legal norms.
The structure of the Constitution of Russia can be directly displayed as follows:
- Section One
- Chapter 1. Fundamentals of the constitutional order (Articles 1-16)
- Chapter 2. Rights and freedoms of man and citizen (Articles 17-64)
- Chapter 3. Federal structure (Articles 65-79)
- Chapter 4. The President of the Russian Federation (Articles 80-93)
- Chapter 5. The Federal Assembly (Articles 94-109)
- Chapter 6. Government of the Russian Federation (Articles 110-117)
- Chapter 7 Judicial Power (Articles 118-129)
- Chapter 8 Local Self-Government (Articles 130-133)
- Chapter 9. Constitutional Amendments and Revision of the Constitution (Articles 134-137)
- Section two. Final and transitional provisions
Differences from
- The system of Soviets was liquidated (including the Congress of People's Deputies of Russia);
- The fixing of land and subsoil as the property of the peoples living in the respective territory was liquidated (Article 11 of the Constitution of 1978);
- Russia has become a symmetrical federation: the powers of the republics, territories, regions, federal cities, autonomous regions and autonomous districts have become the same (clause 4, clause 2, clause 1). However, the republics that are part of Russia have the right to establish their own state language, unlike other subjects of Russia. In - gg. the competence of the republics, territories, regions, cities of federal significance, autonomous regions and districts differed (see, the Constitution of 1978), and before that, in - years. subjects of the Russian Federation (RSFSR) were only national entities(republics).
- The term of office of the President of Russia was reduced from 5 to 4 years (in 2008 it was increased to 6 years);
- The upper age limit for a candidate for the President of Russia has been eliminated; (in - years was 65 years old);
- The Federal Assembly of the Russian Federation was formed;
- The text of the Oath of the President of the Russian Federation has been changed;
- A number of subjects of the Russian Federation were renamed (in - 5 subjects of Russia were additionally renamed);
- The President of the Russian Federation was endowed with the powers of the head of state, but ceased to be considered the head of the executive branch and its part.
- introduced the division of laws into ordinary (federal laws), organic (FKZ, adopted by two-thirds of the votes of the deputies of the State Duma and approved by three-fourths of the votes of the members of the Federation Council) and laws on amendments to the Constitution (the procedure for adoption is the same (with the exception of amendments to chapters 1, 2 and 9 ) + ratification by subjects).
- The consent of the subjects of the Federation (ratification) is now required for any amendments to the Constitution (and not just to change the norms about the federal structure).
- A complicated procedure has been established for changing the foundations of the constitutional order (Chapter 1), human rights norms (Chapter 2) and the procedure for changing the Constitution (Chapter 9). Previously any a section of the Constitution (including its fundamental norms) could be changed by the Congress of People's Deputies of Russia (a law adopted by a majority of at least two-thirds of the total number of elected people's deputies of the Russian Federation).
- the norms on the foundations of the system of state power of the constituent entities of Russia were derived from the Constitution into federal laws (first of all, the Federal Law of October 6, 1999 No. 184-FZ “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”). Previously, the system of state power in all subjects was regulated directly by the Constitution of Russia (sections and the Constitution of 1978)
- the regulation of the structure of representative and executive bodies of local self-government was canceled; in the previous Constitution, the status of local Councils of People's Deputies and local administration was regulated directly (chapters and)
- the principles of the electoral system are put into law. Previously, they were regulated by the Constitution ()
- state symbols began to be established by federal constitutional laws. Previously, the flag and coat of arms were established directly by the Constitution (Articles 180 and 181 of the 1978 Constitution), and the anthem was determined Supreme Council Russia (Article 182).
- The Constitution received the highest legal force (Article 15 of the Constitution of Russia). Previously, it was said only that “all laws and other acts government agencies of the Russian Federation are published on the basis of and in accordance with the Constitution of the Russian Federation. (Article 184 of the Russian Constitution of 1978), which was due to the refusal of the Congress of People's Deputies of Russia to consider the Belovezhskaya agreement, including the refusal to cancel the formal effect and supreme legal force of the Constitution of the USSR
- The institution of suspending certain articles of the Constitution by the legislature has been abolished (previously, Article 185 of the 1978 Constitution provided that the Congress of People's Deputies of Russia could do this with at least two-thirds of the votes of the people's deputies of Russia).
- The norms on the delegation of powers by the parliament were excluded (previously they were provided for by Article 185 of the Russian Constitution of 1978)
- The Constitution has introduced norms on the procedure for adopting a new Constitution (by the Constitutional Assembly, two-thirds of the votes of the total number of members of the Assembly, or by a referendum called by the Assembly). The former Constitution did not include direct rules on the procedure for adopting the Constitution, but contained an indication of this procedure among exclusive powers Congress (paragraph 1 of the third part of Article 104 of the CRF 1978).
Constitutional amendments and revision of the Constitution
The subjects of the constitutional legislative initiative, that is, the subjects that can make proposals for constitutional amendments and revision of the provisions of the Constitution, are:
- legislative (representative) bodies of the subjects of the Russian Federation;
- a group of at least one-fifth of the members of the Federation Council or deputies of the State Duma.
The procedure for amending the Constitution and its revision is regulated by the Constitution, which provides for four types of constitutional amendments, depending on the significance of issues, regulated toy or any other part of the Constitution:
- revision of the provisions of the chapters (foundations of the constitutional system), (rights and freedoms of man and citizen) and 9 of the Constitution;
- amendments to other chapters (except);
- amendments to Article 65 in connection with the change in the name of the subject of the Russian Federation;
- amendments to Article 65 in connection with a change in the composition of the Russian Federation.
The amendments to Article 65 do not establish any fundamental provisions, but only specify the composition of the Russian Federation on this moment. Therefore, amendments to Article 65 of the Constitution are made in a simplified manner.
Amendments to Article 65 of the Constitution in connection with the change in the name of the subject of Russia
Part 2 of Article 137 of the Constitution reads:
In the event of a change in the name of a republic, krai, oblast, city of federal significance, autonomous oblast, autonomous okrug, the new name of a subject of the Russian Federation shall be subject to inclusion in Article 65 of the Constitution of the Russian Federation.
| Normative act | Before change | After |
|---|---|---|
| Ingush Republic | The Republic of Ingushetia | |
| Decree of the President of the Russian Federation of January 9, 1996 No. 20 | Republic of North Ossetia | Republic of North Ossetia - Alania |
| Decree of the President of the Russian Federation of February 10, 1996 No. 173 | Republic of Kalmykia - Khalmg Tangch | Republic of Kalmykia |
| Decree of the President of the Russian Federation of June 9, 2001 No. 679 | Chuvash Republic - Chavash Republic | Chuvash Republic - Chuvashia |
| Decree of the President of the Russian Federation of July 25, 2003 No. 841 | Khanty-Mansi Autonomous Okrug | Khanty-Mansi Autonomous Okrug - Yugra |
Amendments to Article 65 in connection with the change in the composition of Russia
In accordance with part 1 of Article 137 of the Constitution:
Changes to Article 65 of the Constitution of the Russian Federation, which determines the composition of the Russian Federation, are made on the basis of the federal constitutional law on the admission to the Russian Federation and the formation of a new subject of the Russian Federation in its composition, on changing the constitutional and legal status of the subject of the Russian Federation
| federal constitutional law | Date of change | Excluded from article 65 | Included in articles 65 |
|---|---|---|---|
| dated March 25, 2004 No. 1 | December 1 | Perm region ; Komi-Permyatsky Autonomous Okrug | Perm region |
| dated October 14, 2005 No. 6 | 1st of January | Taimyr (Dolgano-Nenets) Autonomous Okrug; Evenk Autonomous District | Krasnoyarsk region |
| dated July 12, 2006 No. 2 | July 1 | Kamchatka region; Koryaksky AO | Kamchatka Krai |
| dated December 30, 2006 No. 6 | 1st of January | Ust-Orda Buryat Autonomous District | Irkutsk region |
| dated July 21, 2007 No. 5 | March 1 | Chita region ; Aginsky Buryat Autonomous Okrug | Zabaykalsky Krai |
Amendments to Chapters 3-8 of the Constitution of the Russian Federation
Article 136 of the Constitution reads: Amendments to chapters 3-8 of the Constitution of the Russian Federation are adopted in the manner prescribed for the adoption of a federal constitutional law, and come into force after they are approved by the legislative authorities of at least two-thirds of the constituent entities of the Russian Federation.
These issues are also regulated in the Federal Law of February 6, 1998 "On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation"
Amendments to chapters 3-8 must be approved by two-thirds of the votes of the deputies of the State Duma and three-fourths of the votes of the members of the Federation Council. After that, the proposal to introduce constitutional amendments is sent to the legislative (representative) bodies of the constituent entities of the Russian Federation. Within a year, this proposal must be approved by legislative (representative) bodies in at least two-thirds of the constituent entities of the Russian Federation. After establishing the results of the consideration, the Federation Council, within seven days, sends the law of the Russian Federation on an amendment to the Constitution of the Russian Federation to the President, who signs and publishes it within fourteen days.
Revision of the provisions of chapters 1, 2 and 9 of the Constitution
Article 135 of the Constitution of the Russian Federation states that a Federal constitutional law on the Constitutional Assembly should be adopted, however, such a law has not yet been adopted.
The revision of the Constitution differs from the introduction of constitutional amendments in that in the first case, the result is the adoption of a new constitution, and in the second, amendments are made to the existing Constitution. At the same time, amendments can only be made to chapters 3-8 of the Constitution. When changing the provisions of chapters 1, 2 and 9, the procedure for reviewing the Constitution should be initiated.
The procedure for revising the Constitution of the Russian Federation begins with the submission by the subject of the constitutional legislative initiative of a proposal to revise the Constitution to the State Duma. If this proposal is accepted by the State Duma (at least three-fifths of the votes are required), then it is sent to the Federation Council within five days (which must also approve it with three-fifths of the votes). After that, the Constitutional Assembly should be convened - a special constituent body, the procedure for the formation and activities of which should be prescribed in a special Federal constitutional law. The Constitutional Assembly makes one of the following decisions:
- affirms the immutability of the Constitution;
- develops a draft of a new Constitution, which:
- adopted by the Constitutional Assembly itself by a two-thirds vote, or
- submitted to a popular vote, where the project must be approved by more than one-half of the number of voters who took part in the vote, provided that at least half of the voters took part in it.
The difference between the Constitution and laws
Constitution:
- fixes the political system, fundamental rights and freedoms, determines the form of the state and the system supreme bodies state power;
- has the highest legal force;
- has a direct effect (the provisions of the constitution must be implemented regardless of whether they contradict other acts);
- is distinguished by stability due to a special, complicated procedure for adoption and change;
- is the basis for current legislation.
Constitution and restriction of human rights and freedoms
Despite the fact that, in accordance with the Russian constitution, human rights and freedoms are the highest value, the Russian constitution allows for their restriction. Based on the requirements of Art. 55 of the Russian constitution, such restrictions must meet the following requirements:
- restriction of rights should not reach such dimensions that it will be possible to talk about the abolition or even belittling individual rights a person and a citizen, implying the legislative establishment in the sphere of relevant rights and freedoms of a measure of freedom less than necessary from the point of view of the basic content of these rights and freedoms;
- no restrictions on the rights and freedoms of man and citizen can be made on the basis of by-laws;
- an exhaustive list of grounds for restricting the rights and freedoms of a person and a citizen is “protection of the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the defense of the country and the security of the state”;
- restriction of rights and freedoms must not exceed the minimum necessary measure, allowing to realize the goals given in the previous paragraph;
- all of the items listed in paragraphs must be simultaneously performed. 1-4 requirements, as well as other requirements of the Russian constitution.
AT otherwise restriction of human rights and freedoms is considered unconstitutional.
The above requirements are included in the so-called "general clause" - general rule, on the basis and in accordance with which the restriction of human rights and freedoms in the Russian Federation is allowed. Nevertheless, separate articles of the second chapter of the Constitution of Russia contain special grounds for restricting certain rights. For example, the ownership of land in accordance with Part 2 of Art. 36 of the Constitution of Russia is carried out freely, if it does not cause damage to the environment. Thus, the requirement to protect the environment is a special constitutional basis for restricting property rights.
Some of the grounds for restricting the rights of citizens, in particular the protection of morality, are very extensible from a normative point of view. Paying attention to the criteria for the justification of the application of restrictions, the Constitutional Court of Russia pointed out: "The public interests listed in Article 55 (part 3) of the Constitution of the Russian Federation may justify legal restrictions rights and freedoms only if such restrictions are adequate to the socially necessary result.
The Constitutional Court of Russia also accepted a number of principles put into practice by the European Court of Human Rights as necessary conditions for restricting rights. Thus, in one of the resolutions of the Constitutional Court of Russia, it was established that “restrictions on the right of property, as well as freedom of entrepreneurial and other economic activity, may be introduced by federal law, if only they are necessary to protect other constitutionally significant values, including the rights and legitimate interests of others. persons, meet the requirements of justice, reasonableness and proportionality (proportionality), are of a general and abstract nature, do not have retroactive effect and do not affect the very essence of this constitutional right.
Edition of the Constitution
The official publication of the Constitution of the Russian Federation is carried out by the Moscow publishing house "Legal Literature". Four official editions of the basic law were carried out: in 1993, 1997, 2005, 2009 and the publication of the text of the Constitution in the Russian newspaper. There are dozens of reprints of the Constitution of the Russian Federation.
see also
Notes
Links
- The text of the Constitution of the Russian Federation on the official website of the President of Russia
- Website dedicated to the Constitution of Russia (Garant-Internet) (Russian) (English) (German) (French) (As amended on July 25, 2003).
- The Constitution of the Russian Federation, as amended on December 30, 2008 Rossiyskaya Gazeta January 21, 2009.
| Russian Constitution | |
|---|---|
| Russian Constitution 1993 | Constitutional system Rights and freedoms of man and citizen Distribution of powers Legal status of the president · Local government Change procedures |
| History of the Constitution | Conditions The Panin-Fonvizin Constitution The Constitution of Nikita Muravyov The Russian Truth of Pavel Pestel The Basic Laws of the Russian Empire The Manifesto of October 17, 1905 The Constitution of the RSFSR of 1918 Constitution of the RSFSR of 1925 · Constitution of the RSFSR of 1937 Constitution of the RSFSR of 1978 |
| Discussion of the Constitution | |
The Constitution of the Russian Federation was adopted by popular vote on December 12, 1993. It consists of a preamble (the values that occupy a leading position in the entire hierarchy of social values and the goals pursued by the Constitution are defined) and two sections, the first of which includes 9 chapters (137 articles). The second section fixes the final and transitional provisions (9 parts). The provisions of Chapter 1 of the Constitution constitute the foundations of the constitutional order of the Russian Federation. No other provisions of the Constitution may contradict the foundations of the constitutional order of the Russian Federation.
The Russian Federation (Russia; the names are equivalent) is a democratic federal legal state with a republican form of government.
The Constitution of the Russian Federation gives an important place to a person, his rights and freedoms, which are the highest value. The obligation of the state to recognize, observe and protect the rights and freedoms of man and citizen is enshrined in Article 2. Chapter 2 of the Constitution is devoted to the rights and freedoms of man and citizen (civil (personal), political, social, economic, cultural, environmental).
The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people. He exercises his power directly (referendum, free elections), as well as through state authorities and local self-government bodies. The sovereignty of the Russian Federation extends to all its territory. The Constitution and federal laws have supremacy throughout the territory of the Russian Federation.
The Russian Federation consists of republics, territories, regions, cities of federal significance (Moscow, St. Petersburg), an autonomous region, autonomous regions - equal subjects of the Russian Federation. The provisions on the federal structure of the Russian Federation are enshrined in Chapter 3 of the Constitution (composition of the Russian Federation, territory of the Russian Federation, monetary unit, state language, flag, coat of arms and anthem, subjects of jurisdiction of the Russian Federation, its subjects, joint jurisdiction, etc.).
The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. The Russian Federation guarantees the unity of the economic space, the free movement of goods, services and financial resources, the support of competition, and the freedom of economic activity. In the Russian Federation, private, state, municipal and other forms of ownership (including land and other natural resources) are recognized and protected in the same way.
The principle of separation of powers into legislative, executive and judicial is fixed. The bodies of each of the branches of government are independent. State power in the Russian Federation is exercised by the President of the Russian Federation (Chapter 4), the Federal Assembly (the Federation Council and the State Duma) (Chapter 5), the Government of the Russian Federation (Chapter 6) and the courts of the Russian Federation (7). Within the framework of the relevant chapters, the issues of the formation of government bodies, the election of persons to relevant positions and the release of persons from relevant posts, their powers, etc. State power in the constituent entities of the Russian Federation is exercised by the bodies of state power formed by them.
The Russian Federation recognizes and guarantees local self-government, which ensures the independent solution of local issues by the population, possession, use and disposal of municipal property (Chapter 8). LSG independently within its powers. LSG bodies are not included in the system of state authorities.
The Russian Federation recognizes ideological and political diversity, a multi-party system. No ideology can be established as a state or mandatory. Public associations are equal before the law. The Russian Federation is a secular state. No religion can be established as a state or obligatory one.
The Constitution has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution. State authorities, local self-government bodies, officials, citizens and their associations are required to comply with the Constitution and laws.
Laws are subject to official publication. Unpublished laws do not apply. Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information. If an international treaty of the Russian Federation establishes rules other than those stipulated by law, then the rules of the international treaty shall apply.
Chapter 9 of the Constitution enshrines the rules for amendment and revision of its provisions.
The Constitution of the Russian Federation comes into force from the day of its official publication based on the results of a popular vote.
What time will the Closing Ceremony of the Universiade 2019 start, where to watch:
Start of the Closing Ceremony of the Universiade 2019 - 20:00 local time, or 16:00 Moscow time .AT live the show will show federal TV channel "Match!" . The start of the live television broadcast is 15:55 Moscow time.
Also live broadcast will be available on the channel "Match! Country".
On the Internet, a live online broadcast of the event can be launched on the Sportbox portal.
International Women's Day on March 8 is a memorable date for the UN, and the organization includes 193 states. Memorable dates, announced by the General Assembly, are designed to encourage UN members to show increased interest in these events. However, at the moment, not all member states of the United Nations have approved the celebration women's day in their territories on the specified date.
Below is a list of countries that celebrate International Women's Day. Countries are grouped into groups: in a number of states, the holiday is an official non-working day (day off) for all citizens, somewhere around March 8, only women have a rest, and there are states where they work on March 8.
In which countries is March 8 a public holiday (for everyone):
* In Russia- March 8 is one of the most beloved holidays, when men congratulate all women without exception.
* In Ukraine- International Women's Day continues to be an additional holiday, despite regular proposals to exclude the event from the number of non-working days and replace it, for example, with Shevchenko's Day, which will be celebrated on March 9.
* In Abkhazia.
* in Azerbaijan.
* In Algeria.
* In Angola.
* In Armenia.
* In Afghanistan.
* In Belarus.
* To Burkina Faso.
* in Vietnam.
* In Guinea-Bissau.
* In Georgia.
* In Zambia.
* In Kazakhstan.
* In Cambodia.
* In Kenya.
* In Kyrgyzstan.
* In North Korea.
* In Cuba.
* In Laos.
* In Latvia.
* In Madagascar.
* In Moldova.
* In Mongolia.
* In Nepal.
* In Tajikistan Since 2009, the holiday has been renamed Mother's Day.
* In Turkmenistan.
* In Uganda.
* In Uzbekistan.
* In Eritrea.
* In South Ossetia.
Countries where March 8 is a day off for women only:
There are countries in which only women are released from work on International Women's Day. This rule has been approved:
* In China.
* In Madagascar.
Which countries celebrate March 8, but it's a working day:
In some countries, International Women's Day is widely celebrated, but is a working day. It:
* Austria.
* Bulgaria.
* Bosnia and Herzegovina.
* Germany- in Berlin since 2019, March 8 is a day off, in the whole country it is a working day.
* Denmark.
* Italy.
* Cameroon.
* Romania.
* Croatia.
* Chile.
* Switzerland.
Which countries do NOT celebrate March 8:
* In Brazil - most of the inhabitants of which have not even heard of the "international" holiday on March 8. The main event of late February - early March for Brazilians and Brazilians is not Women's Day at all, but the world's largest Brazilian festival, also called the carnival in Rio de Janeiro, according to the Guinness Book of Records. In honor of the festival, Brazilians rest for several days in a row, from Friday to noon of the Catholic Ash Wednesday, which marks the beginning of Lent (which Catholics have a movable date and begins 40 days before Catholic Easter).* In the USA, the holiday is not an official holiday. In 1994, an attempt by activists to get the celebration approved in Congress was unsuccessful.
* In Czechoslovakia - most of the country's population considers the holiday as a relic of the communist past and the main symbol of the old regime.
Traditions and customs of Maslenitsa:
The essence of the Maslenitsa holiday in the Christian sense is as follows:Forgiveness of offenders, restoration of good relations with neighbors, sincere and friendly communication with relatives and friends, as well as charity- that's what is the main thing in this Cheese week.
It is no longer possible to eat meat dishes on Maslenitsa, and this is also the first step towards fasting. But pancakes are baked and eaten with great pleasure. They are baked fresh and leavened, with eggs and milk, served with caviar, sour cream, butter or honey.
In general, during the Shrovetide week you should have fun and visit festive events(skate, ski, snowtube, slide, horseback). Also, it is necessary to devote time to the family - to have fun together with relatives and friends: go somewhere together, the "young" should visit their parents, and the parents, in turn, should come to visit the children.
Date of Maslenitsa (Orthodox and pagan):
In church tradition Maslenitsa is celebrated for 7 days (weeks) from Monday to Sunday, before the most important Orthodox fast, so the event is also called "Pancake Week".
The time of the Maslenitsa week depends on the beginning of Great Lent, which makes Easter, and every year it shifts in accordance with the Orthodox church calendar.
So, in 2019, the Orthodox Maslenitsa takes place from March 4, 2019 to March 10, 2019, and in 2020 - from February 24, 2020 to March 1, 2020.
As for the pagan date of Maslenitsa, then d the ancient Slavs celebrated a holiday according to the solar calendar - at the time of the onset of astronomical spring, which occurs in . The Old Russian celebration lasted for 14 days: it began a week before the Day spring equinox and ended a week later.
Description of Maslenitsa celebration:
The tradition of celebrating Maslenitsa with a merry festivity has survived to this day.Most Russian cities host events called "Wide Shrovetide". In the capital of Russia, the city of Moscow, the central platform for festive festivities is traditionally the Vasilyevsky Spusk of Red Square. Also held abroad "Russian Maslenitsa" to promote Russian traditions.
It is customary, especially on the last Sunday, when workers and students can relax, organize mass holidays like in the old days, with songs, games, seeing off and burning an effigy of Maslenitsa. Carnival towns organize stages for performances, places to sell food (pancakes are a must), and souvenir products, attractions for children. Masquerades with mummers and carnival processions are held.
What are the days of Pancake week, what are they called (name and description):
Each day of Maslenitsa has its own name and has its own traditions. Below is the name and description for each day.Monday - Meeting. Since the first day is a working day, in the evening father-in-law and mother-in-law come to visit the parents of the daughter-in-law. The first pancakes are baked, which can be given to the poor in remembrance of the dead. On Monday, a straw effigy is dressed up and displayed on a hill in the place where the festivities are held. In dances and games, stylized fisticuffs "wall to wall" are held. The "first pancake" is baked and solemnly eaten as a reminder of the soul.
Tuesday - Gamble. The second day is traditionally the day of the young. Youth festivities, skiing from the mountains ("pokatushki"), matchmaking are signs of this day. It should be noted that the church forbids weddings on Maslenitsa, as well as in Lent. Therefore, on Maslenitsa Tuesday, the bride is married to play a wedding after Easter on Krasnaya Gorka.
Wednesday - Lakomka. On the third day, the son-in-law comes to mother-in-law for pancakes.
Thursday - Revelry, Revelry. On the fourth day, folk festivals become massive. Wide Maslenitsa- this is the name of the days from Thursday to the end of the week, and the day of generous treats itself is called "riotous quarter".
Friday - Mother-in-law evening. On the fifth day of Shrove Tuesday mother-in-law with friends or relatives comes to visit son-in-law for pancakes. Pancakes, of course, should be baked by her daughter, and her son-in-law should show hospitality. In addition to the mother-in-law, all relatives are invited to visit.
Saturday - Zolov's gatherings. On the sixth day husband's sisters come to visit(you can also invite other relatives of the husband). It is considered good form not only to feed the guests plentifully and tasty, but also to give gifts to the sisters-in-law.
Sunday - Seeing off, Forgiveness Sunday. On the last (seventh) day, before Lent, one should repent and show mercy. All relatives and friends ask each other for forgiveness. In places of public celebrations, carnival processions are organized. The effigy of Maslenitsa is solemnly burned, thus turning into beautiful spring. With the onset of darkness, festive fireworks are launched.
In churches, also on Sunday, at the evening service, the rite of forgiveness is performed, when the priest asks for forgiveness from church servants and parishioners. All believers in turn ask for forgiveness and bow to each other. In response to a request for forgiveness, they say "God will forgive."
What happens at the end of the Maslenitsa celebration:
And at the end of the Maslenitsa holiday, Orthodox believers begin one of the most important fasts. We all remember the saying: Not everything is Shrovetide for the cat - there will be Great Lent".
How many constitutions have been adopted in the history of Russia?
1918 Constitution, 1923 Constitution, 1936 Constitution, 1977 Constitution, 1993 Constitution
When was the first constitution adopted in Russia?
RSFSR in 1918, namely Russia in 1993.
When, according to the Constitution, were the rights of women and men equal in Russia?
Equal rights for men and women appeared in the 1977 Constitution.
When and how was the Constitution of the Russian Federation adopted?
The Constitution of the Russian Federation was adopted in 1993, adopted by popular vote.
What fundamental difference The Constitution of the Russian Federation of 1993 from the Constitution of the USSR of 1977?
The fundamental difference between the Constitution of the Russian Federation of 1993 and the Constitution of the USSR of 1977 is that the former is based on democratic principles, while the latter is not.
Why is the Constitution considered the Basic Law of the State?
Because the Constitution takes precedence over all others.
Specify quantitative composition Russian Federation in the context of its subjects. There are 85 subjects in the Russian Federation.
Which chapters of the Constitution of the Russian Federation are not subject to change by the Federal Assembly of the Russian Federation and why
Chapters 1, 2 and 9 are not subject to change only if the New Constitution is adopted, and all because these chapters fix the foundations of the constitutional order, the rights and freedoms of man and citizen, constitutional amendments and revision of the constitution.
What regulatory legal acts changes and amendments to the Constitution of the Russian Federation?
Chapters like 3, 4, 5, 6, 7, 8 are adopted by Parliament. Chapters 1,2, 9 - by popular vote.
What is the procedure for passing a federal constitutional law? Voting in the Federal Assembly.
Specify the procedure for appointing the Chairman of the Government of the Russian Federation.
The President appoints the Chairman of the Government of the Russian Federation with the consent of the State Duma.
In which chapter are the fundamental rights and freedoms of man and citizen enshrined? Chapter 2 of the Constitution of the Russian Federation enshrines the fundamental rights and freedoms of man and citizen.
Which chapters talk about the three branches of government? Is local self-government included in the system of state bodies?
In the first chapter, about constitutional order. LSG is not included in the system of state bodies, but only interacts with them.
The fundamental difference between the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in terms of their powers.
The Constitutional Court of the Russian Federation: - defends the foundations of the constitution, complaints about violations of the rights and freedoms of citizens, issues within state power, and so on. The Supreme Court of the Russian Federation considers civil, administrative and criminal cases. Only the Constitutional Court can interpret the Constitution and so on.
Specify the constitutional types of federal legislative acts.
I do not understand the question very well, and I think that there are federal constitutional laws that are adopted by the Federal Assembly and federal laws that are adopted by the State Duma, approved by the Federation Council and signed by the President.
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