The Constitution of Russian Federation - Государство и право реферат

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The Constitution of Russian Federation

The current Constitution of the Russian Federation was adopted by national referendum on December 12, 1993. Russia's constitution came into force on December 25, 1993, at the moment of its official publication, abolished the Soviet system of government.


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Saint-Petersburg university of the ministry of the interior of Russia
The Constitution of Russian Federation
The current Constitution of the Russian Federation was adopted by national referendum on December 12, 1993. Russia's constitution came into force on December 25, 1993, at the moment of its official publication, and abolished the Soviet system of government. The current Constitution is the most long-lived in the history of Russia, except for Stalin's constitution.
The 1993 Constitutional Conference was attended by over 800 participants. 
A constitutional referendum was held in Russia on 12 December 1993.
1. In the Russian Federation human and civil rights and freedoms shall be recognized and guaranteed according to the universally recognized principles and norms of international law and this Constitution.
Human and civil rights and freedoms shall have direct force. They shall determine the meaning, content and implementation of laws, the functioning of legislative and executive authority and of local self-government, and shall be guaranteed by law.
The 1993 constitution declares Russia a democratic, federative, law-based state with a republican form of government. State power is divided among the legislative, executive, and judicial branches. Diversity of ideologies and religions is sanctioned, and a state or compulsory ideology may not be adopted. The right to a multiparty political system is upheld. The content of laws must be made public before they take effect, and they must be formulated in accordance with international law and principles
The 1993 constitution created a dual executive consisting of a president and prime minister, but the president is the dominant figure. Russia's strong presidency sometimes is compared with that of Charles de Gaulle (in office 1958-69) in the French Fifth Republic. The constitution spells out many prerogatives specifically, but some powers enjoyed by Yeltsin were developed in an ad hoc manner.
Russia's president determines the basic direction of Russia's domestic and foreign policy and represents the Russian state within the country and in foreign affairs. The president appoints and recalls Russia's ambassadors upon consultation with the legislature, accepts the credentials and letters of recall of foreign representatives, conducts international talks, and signs international treaties. A special provision allowed Yeltsin to complete the term prescribed to end in June 1996 and to exercise the powers of the new constitution, although he had been elected under a different constitutional order.
The president is empowered to appoint the prime minister to chair the Government (called the cabinet or the council of ministers in other countries), with the consent of the State Duma. The president chairs meetings of the Government, which he also may dismiss in its entirety. Upon the advice of the prime minister, the president can appoint or remove Government members, including the deputy prime ministers. The president submits candidates to the State Duma for the post of chairman of the Russian Central Bank
The constitution sets few requirements for presidential elections, deferring in many matters to other provisions established by law. The presidential term is set at four years, and the president may serve only two terms. A candidate for president must be a citizen of Russia, at least thirty-five years of age, and a resident of the country for at least ten years. If a president becomes unable to continue in office because of health problems, resignation, impeachment, or death, a presidential election is to be held not more than three months later. In such a situation, the Federation Council is empowered to set the election date.
The 628-member parliament, termed the Federal Assembly, consists of two chambers, the 450-member State Duma (the lower house) and the 178-member Federation Council (the upper house). Russia's legislative body was established by the constitution approved in the December 1993 referendum
The Federal Assembly is prescribed as a permanently functioning body, meaning that it is in continuous session except for a regular break between the spring and fall sessions. This working schedule distinguishes the new parliament from Soviet-era "rubber-stamp" legislative bodies, which met only a few days each year. The new constitution also directs that the two chambers meet separately in sessions open to the public, although joint meetings are held for important speeches by the president or foreign leaders.
Deputies of the State Duma work full-time on their legislative duties; they are not allowed to serve simultaneously in local legislatures or hold Government positions. A transitional clause in the constitution, however, allowed deputies elected in December 1993 to retain their Government employment, a provision that allowed many officials of the Yeltsin administration to serve in the parliament. After the December 1995 legislative elections, nineteen Government officials were forced to resign their offices in order to take up their legislative duties.
The composition of the Federation Council was a matter of debate until shortly before the 1995 elections. The legislation that emerged in December 1995 over Federation Council objections clarified the constitution's language on the subject by providing ex officio council seats to the heads of local legislatures and administrations in each of the eighty-nine subnational jurisdictions, hence a total of 178 seats. As composed in 1996, the Federation Council included about fifty chief executives of subnational jurisdictions who had been appointed to their posts by Yeltsin during 1991-92, then won popular election directly to the body in December 1993. But the law of 1995 provided for popular elections of chief executives in all subnational jurisdictions, including those still governed by presidential appointees. The individuals chosen in those elections then would assume ex officio seats in the Federation Council.
Each legislative chamber elects a chairman to control the internal procedures of the chamber. The chambers also form committees and commissions to deal with particular types of issues.  
The two chambers of the Federal Assembly possess different powers and responsibilities, with the State Duma the more powerful. The Federation Council, as its name and composition implies, deals primarily with issues of concern to the subnational jurisdictions, such as adjustments to internal borders and decrees of the president establishing martial law or states of emergency. As the upper chamber, it also has responsibilities in confirming and removing the procurator general and confirming justices of the Constitutional Court, the Supreme Court, and the Superior Court of Arbitration, upon the recommendation of the president. The Federation Council also is entrusted with the final decision if the State Duma recommends removing the president from office. The constitution also directs that the Federation Council examine bills passed by the lower chamber dealing with budgetary, tax, and other fiscal measures, as well as issues dealing with war and peace and with treaty ratification.
In the consideration and disposition of most legislative matters, however, the Federation Council has less power than the State Duma. All bills, even those proposed by the Federation Council, must first be considered by the State Duma. If the Federation Council rejects a bill passed by the State Duma, the two chambers may form a conciliation commission to work out a compromise version of the legislation. The State Duma then votes on the compromise bill. If the State Duma objects to the proposals of the upper chamber in the conciliation process, it may vote by a two-thirds majority to send its version to the president for signature. The part-time character of the Federation Council's work, its less developed committee structure, and its lesser powers vis- а-vis the State Duma make it more a consultative and reviewing body than a law-making chamber.
Draft laws may originate in either legislative chamber, or they may be submitted by the president, the Government, local legislatures, the Supreme Court, the Constitutional Court, or the Superior Court of Arbitration. Draft laws are first considered in the State Duma. Upon adoption by a majority of the full State Duma membership, a draft law is considered by the Federation Council, which has fourteen days to place the bill on its calendar. Conciliation commissions are the prescribed procedure to work out differences in bills considered by both chambers.
A constitutional provision dictating that draft laws dealing with revenues and expenditures may be considered "only when the Government's findings are known" substantially limits the Federal Assembly's control of state finances. However, the legislature may alter finance legislation submitted by the Government at a later time, a power that provides a degree of traditional legislative control over the purse. The two chambers of the legislature also have the power to override a presidential veto of legislation. The constitution provides a high hurdle for an override, however, requiring at least a two-thirds vote of the total number of members of both chambers.
1. The executive power in Russia shall be exercised by the Government of the Russian Federation.
2. The Government of the Russian Federation consists of the Chairman of the Government of the Russian Federation, Deputy Chairman of the Government of the Russian Federation and federal ministries.
The constitution prescribes that the Government of Russia, which corresponds to the Western cabinet structure, consist of a prime minister (chairman of the Government), deputy prime ministers, and federal ministers and their ministries and departments. Within one week of appointment by the president and approval by the State Duma, the prime minister must submit to the president nominations for all subordinate Government positions, including deputy prime ministers and federal ministers. The prime minister carries out administration in line with the constitution and laws and presidential decrees. The ministries of the Government, which numbered twenty-four in mid-1996, execute credit and monetary policies and defense, foreign policy, and state security functions; ensure the rule of law and respect for human and civil rights; protect property; and take measures against crime. If the Government issues implementing decrees and directives that are at odds with legislation or presidential decrees, the president may rescind them.
The Government formulates the state budget, submits it to the State Duma, and issues a report on its implementation. In late 1994, the parliament successfully demanded that the Government begin submitting quarterly reports on budget expenditures and adhere to other guidelines on budgetary matters, although the parliament's budgetary powers are limited. If the State Duma rejects a draft budget from the Government, the budget is submitted to a conciliation commission including members from both branches.
Besides the ministries, in 1996 the executive branch included eleven state committees and forty-six state services and agencies, ranging from the State Space Agency (Glavkosmos) to the State Committee for Statistics (Goskomstat). There were also myriad agencies, boards, centers, councils, commissions, and committees.
The Ministry of Justice administers Russia's judicial system. The ministry's responsibilities include the establishment of courts and the appointment of judges at levels below the federal district courts. The ministry also gathers forensic statistics and conducts sociological research and educational programs applicable to crime prevention.
The twenty-three-member Supreme Court is Russia's highest court of origination and of appeals for consideration of criminal, civil, and administrative cases. Its chairman in 1996, Vyacheslav Lebedev, had been a judge in Leningrad and Moscow for nineteen years before his appointment in 1989. The Superior Court of Arbitration, which is headed by a board of one chairman and four deputy chairmen, is the highest court for the resolution of economic disputes. Courts of arbitration also exist at lower jurisdictional levels. The nineteen-member Constitutional Court decides whether federal laws, presidential and federal decrees and directives, and local constitutions, charters, and laws comply with the federal constitution. Treaties between the national government and a regional jurisdiction and between regional jurisdictions are subject to the same oversight. The Constitutional Court also resolves jurisdictional disputes between federal or local organs of power, and it also may be asked to interpret the federal constitution.
Under the constitution, judges of the three highest courts serve for life and are appointed by the Federation Council after nomination by the president. The president appoints judges at the next level, the federal district courts. The minister of justice is responsible for appointing judges to regional and city courts. However, in practice many appointments below the national level still are made by the chief executives of subnational jurisdictions, a practice that has perpetuated local political influence on judges' decisions.
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