CONSTITUTIONOF THERUSSIAN FEDERATIONFull
Text
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Constitutionof theRussian Federation
[AS APPROVED BY
RF
PRESIDENT BORIS YELTSIN
AND SUBMITTED
TO
NATIONAL REFERENDUM IN DECEMBER 1993]
We, the multinational people
of the Russian Federation, united by a common destiny on our land,
asserting
human rights and liberties, civilpeace and accord,
preserving
the historic unity of the state, proceeding from the commonly
recognized
principles of equality and self-determination ofthe peoples honoring the
memory of our ancestors, who have passed on to us love of and respect
for
our homeland and faith in good and justice, reviving thesovereign statehood of
Russia
and asserting its immutable democratic foundations, striving to secure
the wellbeing and prosperity of Russia and proceeding from a sense of
responsibility
for our homeland before the present and future generations, and being
aware
of ourselves as part of the world community, hereby approve the Constitution
of the Russian Federation.
- Section One
- Chapter 1
- Fundamentals
of the
Constitutional
System
Article 1. The
Russian
Federation - Russia shall be a democratic federal rule-of-law state
with
the republican form of government. The names "Russian Federation"
and "Russia" shall be equivalent.chanrobles virtualawlibrary
Article 2. Man, his
rights and freedoms shall be the supreme value. It shall be a duty of
the
state to recognize, respect and protect the rights and liberties of man
and citizen.
Article 3. 1. The multinational
people of the Russian Federation shall be the vehicle of sovereignty
and
the only source of power in the Russian Federation.
2. The people of the Russian
Federation shall exercise their power directly, and also through organs
of state power and local self-government.
3. The referendum and free
elections shall be the supreme direct manifestation of the power of the
people.
4. No one may arrogate to
oneself power in the Rus sian Federation. Seizure
of power or appropriation of power authorization shall be prosecuted
under
federal law.
Article 4. 1. The sovereignty
of the Russian Federation shall apply 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
shall ensure the integrity and inviolability of its territory.
Article 5. 1. The
Russian Federation shall consist of republics, territories, regions,
federal
cities, an autonomous region and autonomous areas, which shall be equal
subjects of the Russian Federation.
2. The republic (state)
shall have its own constitution and legislation. A territory, region,
federal
city, autonomous region and autonomous area shall have its own charter
and legislation.
3. The federated structure
of the Russian Federation shall be based on its state integrity, the
uniform
system of state power, delimitation of scopes of authority and powers
between
the bodies of state power of the Russian Federation and the bodies of
state
power of the subjects of the Russian Federation, equality and
self-determination
of the peoples in the Russian Federation.
4. All the subjects of the
Russian Federation shall be equal among themselves in relations with
the
Federal bodies of state power.
Article 6. 1. Citizenship
of the Russian Federation shall be acquired and terminated in
accordance
with the Federal law, and shall be one and equal irrespective of the
grounds
on which it has been acquired.
2. Every citizen of the
Russian Federation shall have all the rights and liberties on its
territory
and bear equal duties, stipulated by the Constitution of the Russian
Federation.
3. A citizen of the
Russian
Federation may not be stripped of citizenship or of the right to change
it.
Article 7. 1. The Russian
Federation shall be a social state, whose policies shall be aimed at
creating
conditions which ensure a dignified life and free development of man.
2. The Russian Federation
shall protect the work and health of its people, establish a guaranteed
minimum wage, provide state support for family, motherhood, fatherhood
and childhood, and also for the disabled and for elderly citizens,
develop
a system of social services and establish government pensions, benefits
and other social security guarantees.
Article 8. 1. Unity
of economic space, free movement of goods, services and financial
resources,
support for competition and freedom of any economic activity shall be
guaranteed
in the Russian Federation.
2. Private, state,
municipal
and other forms of ownership shall be recognized and shall enjoy equal
protection in the Russian Federation.
Article 9. 1. The land
and other natural resources shall be used and protected in the Russian
Federation as the basis of the life and activity of the peoples living
on their respective territories. 2.The land and other
natural
resources may be in private, state municipal and other forms of
ownership.
Article 10. State power
in the Russian Federation shall be exercised on the basis of the
separation
of the legislative, executive and judiciary branches. The bodies of
legislative,
executive and judiciary powers shall be independent.
Article 11. 1. State
power in the Russian Federation shall be exercised by the President of
the Russian Federation, the Federal Assembly (Council of the Federation
and State Duma), the government of the Russian Federation and courts of
the Russian Federation.
2. State power in the
subjects
of the Russian Federation shall be exercised by the organs of state
authority
formed by them.
3. The scopes of authority
and powers of the bodies of state authority of the Russian Federation
and
the bodies of state authority of the subjects of the Russian Federation
shall be delimited under this Constitution, Federal and other Treaties
on the delimitation of scopes of authority and powers.
Article 12. Local self-government
shall be recognized and guaranteed in the Russian Federation. Local
self-government
shall operate independently within the bounds of its authority. The
bodies
of local self-government shall not be part of the state power bodies.
Article 13. 1. Ideological
plurality shall be recognized in the Russian Federation.
2. No ideology may be instituted
as a state-sponsored or mandatory ideology.
3. Political plurality and
the multi-party system shall be recognized in the Russian Federation.
4. Public associations
shall
be equal before the law.
5. The establishment and
the activities of public associations, whose aims and actions are
directed
at forcible alteration of the fundamentals of constitutional governance
and violation of the integrity of the Russian Federation and
undermining
of the security of the state, the forming of armed units, the
incitement
of social, racial, national and religious strife shall be prohibited.
Article 14. 1. The
Russian Federation shall be a secular state. No religion may be
instituted
as state-sponsored or mandatory religion.
2. Religious associations
shall be separated from the state, and shall be equal before the law.
Article 15. 1. The
Constitution of the Russian Federation shall have supreme legal force
and
direct effect, and shall be applicable throughout the entire territory
of the Russian Federation. Laws and other legal acts adopted by the
Russian Federation may not contravene the Constitution of the Russian
Federation.
2. Organs of state power
and local self-government, officials, citizens and their associations
must
comply with the laws and the Constitution of the Russian Federation.
3. The laws shall be officially
published. Unpublished laws shall not be applicable. No regulatory
legal
act affecting the rights, liberties or duties of the human being and
citizen
may apply unless it has been published officially for general knowledge.
4. The commonly recognized
principles and norms of the international law and the international
treaties
of the Russian Federation shall be a component part of its legal
system.
If an international treaty of the Russian Federation stipulates other
rules
than those stipulated by the law, the rules of the international treaty
shall apply.
Article 16. 1. The
provisions of the present Chapter of the Constitution shall be the
foundations
of the constitutional system of the Russian Federation and may not be
changed
except as provided for in this Constitution.
2. No other provisions of
this Constitution may contravene the foundations of the constitutional
system of the Russian Federation.
- Chapter 2
- Rights and
Liberties
of Man
and Citizen
Article 17. 1. The basic
rights and liberties in conformity with the commonly recognized
principles
and norms of the international law shall be recognized and guaranteed
in the Russian Federation and under this Constitution.chanrobles virtualawlibrary
2. The basic rights and liberties
of the human being shall be inalienable and shall belong to everyone
from
birth. 3. The exercise of rights
and liberties of a human being and citizen may not violate the rights
and
liberties of other persons.
Article 18. The rights and
liberties of man and citizen shall have direct effect. They shall
determine
the meaning, content and application of the laws, and the activities
of the legislative and executive branches and local self-government,
and
shall be secured by the judiciary.
Article 19. 1. All
people shall be equal before the law and in the court of law.
2. The state shall
guarantee
the equality of rights and liberties regardless of sex, race,
nationality,
language, origin, property or employment status, residence, attitude to
religion, convictions, membership of public
associations
or any other circumstance. Any restrictions of the rights of citizens
on
social, racial, national, linguistic or religious grounds shall
be forbidden.
3. Man and woman shall
have
equal rights and liberties and equal opportunities for their pursuit.
Article 20. 1. Everyone
shall have the right to life.
2. Capital punishment may,
until its abolition, be instituted by the federal law as exceptional
punishment
for especially grave crimes against life, with the accused having the
right
to have his case considered in a law court by jury.
Article 21. 1. The
dignity of the person shall be protected by the state. No circumstance
may be used as a pretext for belittling it.
2. No one may be subjected
to torture, violence or any other harsh or humiliating treatment or
punishment.
No one may be subjected to medical, scientific or other experiments
without
his or her free consent.
Article 22. 1. Everyone
shall have the right to freedom and personal inviolability. 2. Arrest, detention and
keeping in custody shall be allowed only by an
order
of a court of law. No person may be detained for more than 48 hours
without
an order of a court of law.
Article 23. 1. Everyone
shall have the right to privacy, to personal and family secrets, and to
protection of one's honor and good name. 2. Everyone shall have the
right to privacy of correspondence, telephone communications, mail,
cables
and other communications. Any restriction of this right shall be
allowed
only under an order of a court of law.
Article 24. 1. It shall
be forbidden to gather, store, use and disseminate information on the
private
life of any person without his/her consent.
2. The bodies of state authority
and the bodies of local self-government and the officials thereof shall
provide to each citizen access to any documents and materials directly
affecting his/her rights and liberties unless otherwise stipulated
under
the law.
Article 25. The home shall
be inviolable. No one shall have the right to enter the home against
the
will of persons residing in it except in cases stipulated by the
federal
law or under an order of a court of law.
Article 26. 1. Everyone shall
have the right to determine and state his national identity. No one can
be forced to determine and state his national identity.
2. Everyone shall have the
right to use his native language, freely choose the language of
communication,
education, training and creative work.
Article 27. 1. Everyone who
is lawfully staying on the territory of the Russian Federation shall
have
the right to freedom of movement and to choose the place to stay and
reside.
2. Everyone shall be free
to leave the boundaries of the Russian Federation. The citizens of the
Russian Federation shall have the right to freely return into the
Russian
Federation.
Article 28. Everyone
shall be guaranteed the right to freedom of conscience, to freedom of
religious
worship, including the right to profess, individually or jointly with
others,
any religion, or to profess no religion, to freely choose, possess and
disseminate religious or other beliefs, and to act in conformity with
them.
Article 29. 1. Everyone shall
have the right to freedom of thought and speech.
2. Propaganda or campaigning
inciting social, racial, national or religious hatred and strife is
impermissible.
The propaganda of social, racial, national, religious or language
superiority
is forbidden.
3. No one may be coerced
into expressing one's views and convictions or into renouncing them.
4. Everyone shall have the
right to seek, get, transfer, produce and disseminate information by
any
lawful means. The list of information constituting the state secret
shall
be established by the federal law.
5. The freedom of the mass
media shall be guaranteed. Censorship shall be prohibited.
Article 30. 1. Everyone shall
have the right to association,including the right to create trade
unions
in order to protect one's interests. The freedom of public associations
activities shall be guaranteed.
2. No one may be coerced
into joining any association or into membership thereof.
Article 31. Citizens of the
Russian Federation shall have the right to gather peacefully, without
weapons,
and to hold meetings, rallies, demonstrations, marches and pickets.
Article 32. 1. Citizens
of the Russian Federation shall have the right to participate in the
administration
of the affairs of the state both directly and through
their representatives. 2. Citizens of the Russian
Federation shall have the right to elect and to be elected to bodies of
state governance and to organs of local self-government, as well as take part in a
referendum.
3. Citizens who have been
found by a court of law to be under special disability, and also
citizens
placed in detention under a court verdict, shall not have the right to
elect or to be elected.
4. Citizens of the Russian
Federation shall have equal access to state service.
5. Citizens of the Russian
Federation shall have the right to participate in administering justice.
Article 33. Citizens of the
Russian Federation shall have the right to turn personally to, and send
individual and collective petitions to state bodies and bodies of local
self-government.
Article 34. 1. Everyone shall
have the right to freely use his or her abilities and property for
entrepreneurial
or any other economic activity not prohibited by the law.
2. No economic activity
aimed at monopolization or unfair competition shall be allowed.
Article 35. 1. The right
of private property shall be protected by law.
2. Everyone shall have the
right to have property in his or her ownership, to possess, use and
manage
it either individually or jointly with other persons.
3. No one may be arbitrarily
deprived of his or her property unless on the basis of decision by a
court
of law. Property can be forcibly alienated for state needs only on
condition
of a preliminary and equal compensation.
4. The right of inheritance
shall be guaranteed.
Article 36. 1. Citizens and
their associations shall have the right to have land in their private
ownership.
2. The possession, use and
management of the land and other natural resources shall be freely
exercised
by their owners provided this does not cause damage to the environment or
infringe
upon the rights and interests of other persons.
3. The terms and
proceduresfor
the use of land shall be determined on the basis of federal laws.
Article 37. 1. Work shall
be free. Everyone shall have the right to make free use of his or her
abilities
for work and to choose a type of activity and occupation.
2. Forced labor shall be
prohibited.
3. Everyone shall have the
right to work under conditions meeting the requirements of safety and
hygiene,
to remuneration for work without any discrimination whatsoever and not
below the statutory minimum wage, and also the right to security
against
unemployment.
4. The right to individual
and collective labor disputes with the use of means of resolution
thereof
established by federal law, including the right to strike, shall be
recognized.
5. Everyone shall have the
right to rest and leisure. A person having a work contract shall be
guaranteed
the statutory duration of the work time, days off an d holidays, and paid
annual
vacation.
Article 38. 1.Motherhood
and childhood, and the family shall be under state protection.
2. Care for children and
their upbringing shall be the equal right and duty of the parents.
3. Employable children who
have reached 18 years old shall care for their non-employable parents.
Article 39. 1. Everyone shall
be guaranteed social security in old age, in case of disease,
invalidity,
loss of breadwinner,to bring up children and in other cases established
by law.
2. State pensions and
social
benefits shall be established by laws.
3. Voluntary social
insurance,
development of additional forms of social security and charity shall be
encouraged.
Article 40. 1. Everyone
shall have the right to a home. No one may be arbitrarily deprived of a
home.
2. State bodies and organs
of local self-government shall encourage home construction and create
conditions
for the realization of the right to a home. 3. Low-income citizens and
other citizens, defined by the law, who are in need of housing shall be
housed free of charge or for affordable pay from government, municipal
and other housing funds in conformity with the norms stipulated by the
law.
Article 41. 1. Everyone shall
have the right to health care and medical assistance. Medical
assistance
shall be made available by state and municipal health care institutions
to citizens free of charge, with the money from the relevant budget,
insurance
p yments another revenues.
2. The Russian Federation
shall finance federal health care and health-building programs, take
measures
to develop state, municipal and private health care systems,
encourage
activities contributing to the strengthening of the man's health, to
the
development of physical culture and sport, and to ecological,
sanitary and epidemiologic welfare.
Article 40. 1. Everyone
shall have the right to a home. No one may be arbitrarily deprived of a
home.
2. State bodies and organs
of local self-government shall encourage home construction and create
conditions
for the realization of the right to a home.
3. Low-income citizens and
other citizens, defined by the law, who are in need of housing shall be
housed free of charge or for affordable pay from government, municipal
and other housing funds in conformity with the norms stipulated by the
law.
Article 41. 1. Everyone shall
have the right to health care and medical assistance. Medical
assistance
shall be made available by state and municipal health care institutions
to citizens free of charge, with the money from the relevant budget,
insurance
payments and other revenues.
2. The Russian Federation
shall finance federal health care and health-building programs, take
measures
to develop state, municipal and private health care systems,
encourage
activities contributing to the strengthening of the man's health, to
the
development of physical culture and sport, and to ecological,
sanitary and epidemiologic welfare.
3. Concealment by officials
of facts and circumstances posing hazards to human life and health
shall
involve liability in conformity with the federal law.
Article 42. Everyone shall
have the right to a favorable environment, reliable information about
its
condition and to compensation for the damage caused to his or her
health
or property by ecological violations.
Article 43. 1. Everyone shall
have the right to education.
2. The accessibility and
gratuity of pre-school, general secondary and vocational secondary
education
in public and municipal educational institutions and enterprises shall
be guaranteed.
3. Everyone shall have the
right to receive, free of charge and on a competitive basis, higher
education
in a state or municipal educational institution or enterprise. 4. Basic general education
shall be mandatory. Parents or persons substituting for them shall make
provisions for their children to receive basic general education.
5. The Russian Federation
shall institute federal state educational standards and support various
forms of education and self-education.
Article 44. 1. Everyone shall
be guaranteed freedom of literary, artistic, scientific,intellectual
and
other types of creative activity and tuition. Intellectual property
shall
be protected by the law.
2. Everyone shall have the
right to participation in cultural life, to the use of institutions of
culture, and access to cultural values. 3. Everyone shall care for
the preservation of the historic and cultural heritage and safeguard
landmarks
of history and culture.
Article 45. 1. State protection
for human rights and liberties in the Russian Federation shall be
guaranteed.
2. Everyone shall have the
right to defend his or her rights and liberties by any means not
prohibited
by the law.
Article 46. 1. Everyone shall
be guaranteed protection of his or her rights and liberties in a court
of law.
2. The decisions and actions
(or inaction) of state organs, organs of local self-government, public
associations and officials may be appealed against in a court of law.
3. In conformity with the
international treaties of the Russian Federation, everyone shall have
the
right to turn to interstate organs concerned with the prot ection of human rights and
liberties when all the means of legal protection available within the state have been exhausted.
Article 47. 1. No one may
be denied the right to having his or her case reviewed by the court and
the judge under whose jurisdiction the given case falls under the law.
2. Anyone charged with a
crime has the right to have his or her case reviewed by a court of law
with the participation of jurors in cases stipulated by the federal law.
Article 48. 1. Everyone shall
be guaranteed the right to qualified legal counsel. Legal counsel shall
be provided free of charge in cases stipulated by the law.
2. Every person who has been
detained, taken into custody or charged with a crime shall have the
right
to legal counsel (defense attorney) from the moment of, respectively,
detention
or indictment.
Article 49. 1. Everyone charged
with a crime shall be considered not guilty until his or her guilt has
been proven in conformity with the procedures stipulated by the federal law and
established
by the verdict of a court of law.
2. The defendant shall not
be obliged to prove his or her innocence. 3. The benefit of doubt
shall be interpreted in favor of the defendant.
Article 50. 1. No one may
be repeatedly convicted for the same offense.
2. In the administration
ofjustice no evidence obtained in violation of the federal law shall be
allowed.
3. Everyone sentenced for
a crime shall have the right to have the sentence reviewed by a higher
court according to the procedure instituted by the federal law, and
also
the right to plea for clemency or mitigation punishment.
Article 51. 1. No one shall
be obliged to give evidence against himself or herself, for his or her
spouse and close relatives, the range of which shall be established by
the federal law. 2. The federal law may
stipulate
other exemptions from the obligation to give evidence.
Article 52. The rights of
persons who have sustained harm from crimes and abuses of power shall
be
protected by the law. The state shall guarantee the victims access to
justice
and compensation for damage.
Article 53. Everyone shall
have the right to compensation by the state for the damage caused by
unlawful
actions (or inaction) of state organs, or their officials.
Article 54. 1. The law instituting
or aggravating the liability of a person shall have no retroactive
force.
2. No one may be held liable
for an action which was not recognized as an offense at the time of its
commitment. If liability for an offense has been lifted or mitigated
after
its perpetration, the new law shall apply.
Article 55. 1. The listing
of the basic rights and liberties in the Constitution of the Russian
Federation
shall not be interpreted as the denial or belittlement of the other
commonly
recognized human and citizens' rights and liberties.
2. No laws denying or belittling
human and civil rights and liberties may be issued in the Russian
Federation.
3. Human and civil rights
and liberties may be restricted by the federal law only to the extent
required
for the protection of the fundamentals of the constitutional system,
morality,
health, rights and lawful interests of other persons, for ensuring the
defense of the country and the security of the state.
Article 56. 1. Individual
restrictions of rights and liberties with identification of the extent
and term of their duration may be instituted in conformity with the
federal
constitutional law under conditions of the state of emergency in order
to ensure the safety of citizens and protection of the constitutional
system.
2. A state of emergency throughout
the territory of the Russian Federation and in individual areas thereof
may be introduced in the circumstances and in conformity with the
procedures
defined by the federal constitutional law.
3. The rights and liberties
stipulated by Articles 20, 21, 23 (part 1), 24, 28, 34 (part 1), 40
(part
1), 46-54 of the Constitution of the Russian Federation shall not be
subject to restriction.
Article 57. Everyone shall
pay lawful taxes and fees. Laws introducing new taxes or worsening the
situation of tax payers shall not have retroactive force.
Article 58. Everyone shall
be obliged to preserve nature and the environment, and care for natural
wealth.
Article 59. 1. Defense of
the homeland shall be a duty and obligation of the citizen of the
Russian
Federation.
2. The citizen of the Russian
Federation shall do military service inconformity with the federal law.
3. The citizen of the
Russian
Federation whose convictions and faith are at odds with military
service,
and also in other cases stipulated by the federal law shall have the
right
to the substitution of an alternative civil service for military
service.
Article 60. The citizen of
the Russian Federation shall be recognized to be of legal age and may
independently
exercise his rights and duties in full upon reaching the age of 18.
Article 61. 1. The citizen
of the Russian Federation may not be deported out of Russia or
extradited
to another state.
2. The Russian Federation
shall guarantee its citizens defense and patronage beyond its
boundaries.
Article 62. 1. The citizen
of the Russian Federation may have the citizenship of a foreign state
(dual
citizenship) in conformity with the federal law or international treaty
of the Russian Federation.
2. Possession of the citizenship
of a foreign state by the citizen of the Russian Federation shall not
belittle
his or her ranks and liberties or exempt him or her from the
duties stemming from Russian citizenship unless otherwise stipulated by
the federal law or international treaty of the Russian Federation.
3. Foreign citizens and
stateless persons shall enjoy in the Russian Federation the rights of
its
citizens and bear their duties with the exception of cases stipulated
by
the federal law or international treaty of the Russian Federation.
Article 63. 1. The Russian
Federation shall grant political asylum to foreign citizens and
stateless
citizens in conformity with the commonly recognized norms of the
international
law.
2. The extradition of
persons
persecuted for their political views or any actions (or inaction),
which
are not qualified as criminal by the law of the Russian Federation, to
other states shall not be allowed in the Russian Federation. The
extradition
of persons charged with crimes and also the hand-over of convicts for
serving
time in other countries shall be effected on the basis
of the federal law or international treaty of the Russian Federation.
Article 64. The provisions
of these articles form the basis of personal rights in the Russian
Federation
and may not be changed other than by the means set forth in this
constitution.
- Chapter 3
- Russian
Federation
Article 65. 1. The Russian
Federation shall consist of the subjects of the Federation: Republic of
Adygeya (Adygeya), Republic of Altai, Republic of Bashkortostan,
Republic
of Buryatia, Republic of Dagestan, Ingush Republic, Kabardin-Balkar
Republic,
Republic of Kalmykia - Khalmg Tangch, Karachayevo-Cherkess Republic,
Republic
ofKarelia, Republic of Komi,
Republic of Mari El, Republic of Mordovia, Republic of Sakha (Yakutia),
Republic of North Ossetia, Republic of Tatarstan (Tatarstan), Republic
of Tuva, Udmurt Republic, Republic of Khakasia, Chechen Republic,
Chuvash
Republic - Chavash Republics; Altai Territory, Krasnodar Territory,
Krasnoyarsk
Territory, Maritime Territory, Stavropol Territory, KhabarovskTerritory; Amur Region,
Arkhangelsk Region, Astrakhan Region, Belgorod Region, Bryansk Region,
Vladimir Region, Volgograd Region, Vologda Region, Voronezh Region,
Ivanovo
Region, Irkutsk Region, Kaliningrad Region, Kaluga Region, Kamchatka
Region,
Kemerovo Region, Kirov Region, Kostroma Region, Kurgan Region, Kursk
Region,
Leningrad Region, Lipetsk Region, Magadan Region, Moscow Region,
Murmansk
Region, Nizhny Novgorod Region, Novgorod Region, Novosibirsk Region,
Omsk
Region, Orenburg Region, Oryol Region, Penza Region, Perm Region, Pskov
Region, Rostov Region, Ryazan Region, Samara Region, Saratov Region,
Sakhalin
Region, Sverdlovsk Region, Smolensk Region, Tambov Region, Tver Region,
Tomsk Region, Tula Relation, Tyumen Region, Ulyanovsk Region,
Chelyabinsk
Region, Chita Region, Yaroslavl Region; Moscow, St. Petersburg --
federal
cities; Jewish Autonomous Region; Aginsky Buryat Autonomous Area,
Komi-Permyak
Autonomous Area, Koryak Autonomous Area, Nenets Autonomous Area, Taimyr
(Dolgan-Nenets) Autonomous Area, Ust-Ordynsky Buryat Autonomous Area,
Khanty-Mansi
Autonomous Area, Chukchi AutonomousArea, Evenk Autonomous
Area,
Yamal-Nenets Autonomous Area.
2. Accession to the
Russian
Federation and formation of a new subject of the Russian Federation
within
it shall be carried out as envisaged by the federal constitutional law.
Article 66. 1. The
status of a republic shall be defined by the Constitution of the
Russian
Federation and the constitution ofthe republic in question.
2. The status of a
territory,
region, federal city,and autonomous region and autonomous area shall be
determined by Constitution of the Russian Federation and the Charter of
the territory, region, city of federal importance, autonomous region,
autonomous
area, adopted by the legislative (representative) body of the relevant
subject of the Russian Federation.
3. A federal law on
autonomous
region, autonomous area may be adopted at the nomination from the
legislative
and executive bodies of an autonomous region, autonomous area.
4. Relations between
autonomous
areas within a territory or region may be regulated by the federal law
and an agreement between bodies of state power of the autonomous area
and,
respectively, bodies of state power of the territory or the region.
5. The status of a subject
of the Russian Federation may be changed only with mutual consent of
the
Russian Federation and the subject of the Russian Fe deration in accordance
with
the federal constitutional law.
Article 67. 1. The
territory of the Russian Federation shall incorporate the territories
of
its subjects, the internal and territorial seas and the air space over
them.
2. The Russian Federation
shall have sovereign rights and exercise jurisdiction on the
continental
shelf and in the exclusive economic zone of the Russian Federation under the
procedure
stipulated by the federal law and norms of international law.
3. The boundaries between
the subjects of the Russian Federation may be changed by their mutual
agreement.
Article 68. 1. The
state language of the Russian Federation throughout its territory shall
be the Russian language.
2. The republics shall have
the right to institute their own state languages. They shall be used
alongside
the state language of the RussianFederation in bodies of
state power, bodies of local self-government and state institutions of
the republics.
3. The Russian Federation
shall guarantee all its peoples the right to preserve their native
language
and to create the conditions for its study and development.
Article 69. The Russian
Federation guarantees the rights of small indigenous peoples in
accordance
with the generally accepted principles and standards of international law and
international
treaties of the Russian Federation.
Article 70. 1. The
national flag, State Emblem, and the national anthem, their description
and the procedure for their official use shall be established by the
federal
constitutional law.
2. The capital of the
Russian
Federation is the city of Moscow. The status of the capital shall be
established
by the federal law.
Article 71. The jurisdiction
of the Russian Federation shall include: a) the adoption and amendment
of the Constitution of the Russian Federation and federal laws and
supervision
over compliance with them; b) the federal structure andterritory of the Russian
Federation; c) regulation and protection of the rights and liberties ofthe human being and
citizen;
citizenship of the Russian Federation; regulation and protection of the
rights of national minorities; d) establishment of the system of
federal
bodies of legislative, executive and judiciary power, procedure for the
organization and activities thereof; formation of federal bodies of
state
power; e) federal and state property and management thereof; f)
determining
the basic principles of federal policy and federal programs in the
field
of state structure, the economy, the environment, and the social,
culturaland national development
of the Russian Federation; g) establishment of the legal framework for
a single market; financial, monetary, credit and customs regulation, emission of
money
and guidelines for price policy; federal economic services, including
federal
banks; h) the federal budget; federal taxes and levies; federal funds
of
regional development; i) federal power grids, nuclear energy,
fissionable
materials; federal transport, railways, information and communications;
space activities; j) foreign policy and international relations of theRussian Federation,
international
treaties of the Russian questions of war and peace; k) foreign trade
relations
of the Russian Federation; l) defense and security; defense production;
determining procedures for the sale and purchase of arms, ammunition,military hardware
and other equipment; production of fissionable materials, toxic
substances,
narcotics and procedure for the use thereof; m) defining the status and protection of the
state border, territorial waters, the air space, the exclusive economic zone and the continental
shelf of the Russian Federation; n) law courts; Prosecutor's Office;
criminal,
criminal-procedural and criminal-executive legislation; amnesty and
pardon;
civil, civil-procedural and arbitration-procedurallegislation; legal
regulation
of intellectual property; o) federal conflict of laws; p)
meteorological
service; standards, models, the metricsystem and time
measurement;
geodesy and cartography; names of geographical objects; official
statistics
and accounting; q) state decorations and honorarytitles of the Russian
Federation;
r) federal state service.
Article 72. 1. The
joint jurisdiction of the Russian Federation and the subjects of the
Russian
Federation shall include: a) ensuring compliance of the constitutions and laws of the
republics, charters, laws, and other regulatory legal acts of the
territories,
regions, federal cities, the autonomous region and autonomous areas
with
the Constitution of the Russian Federation and the federallaws; b)
protectionof the rights and freedoms
of man and citizen, protection of the rights of ethnic minorities;
ensuring
legality, law and order, and public safety; border zone regime; c)
issues
of the possession, use and management of the land, mineral resources,
water
and other natural resources; d) delimitation of state property; e)
management
of natural resources,protection of the
environment
and ecological safety; specially protected natural reserves; protection
of historical and cultural monuments; f) general questions of upbringing,
education,
science, culture, physical culture and sports; g) coordination of
health
issues, protection of family, motherhood, fatherhood and childhood;
social
protection including social security; h) implementing measures to
combat
catastrophes, natural disasters, epidemics andeliminating consequences
thereof; i) establishment of the general guidelines for taxation and
levies
in the Russian Federation; j) administrative, administrative-procedural, labor,
family,
housing, land, water and forestry legislation; legislation on thesub-surface and
environmental
protection; k) cadres of judiciary and law-enforcement agencies; the
bar,
notariate; l) protection of the original environment and traditional
way
of life of small ethnic communities; m) establishment of general
guidelines
of the organization of the system of bodies of state power and local
self-government;
n) coordination of the international and external economic relations of
the subjects of the Russian Federation, compliance with the
international
treaties of the Russian Federation. 2. The provisions of this
Article shall equally apply to the republics, territories, regions,
federal
cities, the autonomous region and autonomous areas.
Article 73. Outside
of the jurisdiction of the Russian Federation and the powers of the
Russian
Federation on issues within the joint jurisdiction of the Russian
Federation
and the subjects of the Russian Federation, the subjects of the Russian
Federation shall exercise the entire spectrum of state power.
Article 74. 1. No customs
frontiers, duties, levies, or any other barriers for free movement of
goods,
services, or financial means may be established on the territory of the
Russian Federation.
2. Restrictions on the
movement
of goods and services may be established under the federal law, if this
is necessary for the protection of the people's safety, their lives and
health, protection of environment and cultural values.
Article 75. 1. The
monetary unit of the Russian Federation shall be the ruble. The
monetary
emission shall be the exclusive responsibility of the Central Bank of
the
Russian Federation. No other currencies may be issued in the Russian
Federation.
2. The protection and stability
of the ruble is the main function of the Central Bank of the Russian
Federation
which it shall exercise independently from other bodies of state power.
3. The system of taxes
levied
to the federal budget and the general principles of taxation and levies
in the Russian Federation shall be established by the fe deral law.
4. State loans shall be issued
in accordance with the procedure established by the federal law and
placed
on a strictly voluntary basis.
Article 76. 1. On issues
within the jurisdiction of the Russian Federation federal
constitutional
laws and federal laws shall be adopted having direct effect throughout the
territory
of the Russian Federation.
2. On matters within the
joint jurisdiction of the Russian Federation and the subjects of the
Russian
Federation federal laws shall be issued and in accordance with them
laws
and other regulatory legal acts of the subjects of the Russian
Federation
shallbe adopted. 3. Federal laws may not
contravene federalconstitutional laws. 4. Outside of the
jurisdiction
of the Russian Federation and the joint jurisdiction of the Russian
Federation
and the subjects of the Russian Federation republics,
territories,
regions, federal cities, autonomous regions and autonomous areas shall
effect their own legal regulation, including the adoption of laws and
other
regulatory legal acts.
5. Laws and other regulatory
legal acts of the subjects of the Russian
Federation
may not contravene federal laws adopted in accordance with parts 1 and
2 of this Article. In the event of a contradiction between a federal law and any
other act issued in the Russian Federation, the federal law shall apply.
6. In the event of a contradiction
between the federal law and a regulatory legal act of a subject of the
Russian Federation issued in accordance with part 4 of this Article,
the
regulatory legal actof the subject of the
Russian
Federation shall apply.
Article 77.1. The system
of state power bodies of the republics, territories, regions, federal
cities,
the autonomous region, autonomous areas shall be established by the subjects of
the Russian Federation independently in accordance with the basic
principles
of the constitutional system of the Russian Federation and general
principles
of the organization of legislative and executive bodies of power as
envisaged
by the federal law.
2. Within the jurisdiction
of the Russian Federation and the powers of the Russian Federation on
issues
within the joint jurisdiction of the Russian Federation and the
subjects
of the Russian Federation the federal bodies of executive power and
bodies
ofexecutive power of the
subjects
of the Russian Federation shall form the single system of executive
power
in the Russian Federation.
Article 78. 1. To exercise
their powers, the federal bodies of executive power may set up their
own
territorial structures and appoint respective officials.
2. By agreement with organs
of executive power of the subjects of the Russian Federation, the
federal
organs of executive power may delegate to them part of their powers
provided
this does not contravene the Constitution of the Russian Federation or
federal laws.
3. By agreement with the
federal organs of executive power, organs of executive power of the
subjects
of the Russian Federation may delegate part of their powers to them.
4. The President of the Russian
Federation and the government of the Russian Federation shall, under
the
Constitution of the Russian Federation, exercise the authority of
federal
state power throughout the territory of the Russian Federation.
Article 79. The Russian
Federation may participate in inter-state associations and delegate
some
of its powers to them in accordance with international agreements if
this
does not restrict human orcivil rights and liberties
or contravene the fundamentals of the constitutional system of the
Russian
Federation.
- Chapter 4
- President
of the
Russian Federation
Article 80. 1. The President
of the Russian Federation shall be the head of state.
2. The President shall be
the guarantor of the Constitution of the Russian Federation, and of
human
and civil rights and freedoms. In accordance with the procedure
established
by the Constitution of the Russian Federation, he shall take measures
to
protect the sovereignty of the Russian Federation, its independence and state
integrity,
and ensure concerted functioning and interaction of all bodies of state power.
3. The President of the
Russian Federation shall define the basic domestic and foreign policy
guidelines
of the state in accordance with the Constitution of the Russian
Federation
and federal laws.
4. The President of the
Russian Federation as head of state shall represent the Russian
Federation
inside the country and in international relations.
Article 81. 1. The
President
of the Russian Federation shall be elected for a term of four years by
the citizens of the Russian Federation on the basis of general, equal
and
direct vote by secret ballot.
2. A citizen of the
Russian
Federation not younger than 35, who has resided in the Russian
Federation
for not less than 10 years, may be elected President of the Russian
Federation.
3. No one person shall
hold
the office of President of the Russian Federation for more than two
terms
in succession.
4. The procedure for
electing
the President of the Russian Federation shall be determined by federal
law.
Article 82. 1. At
his inauguration the President of the Russian Federation shall take the
following oath to the people: "I vow, in the performance of my powe
rs as the President of
the Russian Federation to respect and protect the rights and freedoms
of
man and citizen, to observe and protect the Constitution of the Russian
Federation, to protect the sovereignty and independence, security and
integrity
of the state and to serve the people faithfully."
2. The oath shall be taken
in a solemn atmosphere in the presence of members of the Council of the
Federation, deputies of the State Duma and judges of the Constitutional
Court of the Russian Federation.
Article 83. The President
of the Russian Federation shall: a) appoint Chairman of the Government
of the Russian Federation subject to consent of the State Duma; b) have the right to
preside over meetings of the Government of the Russian Federation; c)
decide
on resignation of the Government of the Russian Federation; d)
introduce
to the State Duma a candidature for appointment to the office of the
Chairman
of the Central Bank of the Russian Federation; submit to the State Duma
the proposal on relieving the Chairman of the Central Bank of the
Russian
Federation of his duties; e) appoint and dismiss deputy chairmen of the
Government of the Russian Federation and federal ministers as proposed
by the Chairman of the Government of the Russian Federation; f) submit
to the FederationCouncil candidates for
appointment
to the office of judges of the Constitutional Court of the Russian
Federation,
the Supreme Court of the Russian Federation and the Supreme Arbitration
Court of the Russian Federation as well as the candidate for
Prosecutor-General
of the Russian Federation; submit to the Federation Council the
proposal
on relieving the Prosecutor-General of the Russian Federation of his
duties;
appoint the judges of other federal courts. g) form and head the
Security Council of the Russian Federation, the status of which is
determined
by federal law;
h) endorse the military doctrine
of the Russian Federation; i) form the staff of the President of the
Russian
Federation; j) appoint and dismiss plenipotentiary representatives of
the
President of the Russian Federation; k) appoint and dismiss the Supreme
Command of the Armed Forces of the Russian Federation; l) appoint and
recall,
after consultations with the respective committees or commissions of
the
Federal Assembly, diplomatic representatives of the Russian Federation
to foreign states and international organizations.
Article 84. The President
of the Russian Federation shall: a) call elections to the chambers of
the
State Duma in accordance with the Constitution of the Russian
Federation
and federal law; b) dissolve the State Duma in cases and under
procedures
envisaged by the Constitution of the Russian Federation; c) call a
referendum
under procedures established by federal constitutional law; d)
introduce
draft laws in the State Duma; e) sign and publish federal laws; f)
present
annual messages to the Federal Assembly on the situation in the country
and on basic directions of the internal and external policies of the
state.
Article 85. 1. The
President of the Russian Federation may use dispute-settlement
procedures
to settle differences between organs of state power of the Russian
Federation
and organs of state power of the subjects of the Russian Federation,
and
also between organs of state power of the subjects of the Russian
Federation.
If no decision is agreed upon, he may turn the dispute over for review
by the respective court of law.
2. The President of the Russian
Federation shall have the right to suspend acts by organs of executive
power of the subjects of the Russian Federation if such acts contravene
the Constitution of the Russian Federation and federal laws, the
international
obligations of the Russian Federation, or violate human and civil
rights
and liberties, pending the resolution of the issue in appropriate court.
Article 86. The President
of the Russian Federation shall: a) supervise the conduct of the
foreign
policy of the Russian Federation; b) conduct negotiationsand sign international
treaties
of the Russian Federation; c) sign instruments of ratification; d)
accept
credentials and instruments of recall of diplomatic representatives
accredited
with him.
Article 87. 1. The
President of the Russian Federation shall be the Supreme
Commander-in-Chief
of the Armed Forces of the Russian Federation.
2. In the event of
aggression
against the Russian Federation or an immediate threat thereof, the
President
of the Russian Federation shallintroduce martial law on
the territory of the Russian Federation or in areas thereof with
immediate
notification thereof of the Federation Council and the State Duma.
Article 88. Under the
circumstances and procedures envisaged by the Federal Constitutional
Law,
the President of the Russian Federation shall impose a state of
emergency
on the territory of the Russian Federation or in areas thereof with
immediate
notification of the Federation Council and the State Duma.
Article 89. The President
of the Russian Federation shall: a) resolve issues of citizenship of
the
Russian Federation and of granting politicalasylum; b) award state
decorations
of the Russian Federation, confer honorary titles of the Russian
Federation
and top military ranks and top specialized titles; c) grant pardon.
Article 90. 1. The
President of the Russian Federation shall issue decrees and executive
orders.
2. The decrees and orders
of the President of the Russian Federation shall be binding throughout
the territory of the Russian Federation.
3. The decrees and orders
of the President of the Russian Federation may not contravene the
Constitution
of the Russian Federation or federal laws.
Article 91. The
President
of the Russian Federation shall possess immunity.
Article 92. 1. The
President of the Russian Federation shall assume his powers from the
time
he shall be sworn in and terminate his exerciseof such powers with the
expiry of his tenure of office from the time the newly-elected
President
of the Russian Federation shall have been sworn in.
2. The powers of the President
of the Russian Federation shall be terminated in the event of his
resignation
or sustained inability due to healthto discharge his powers
or in the event of impeachment. In such cases new elections of the
President
of the Russian Federation shall be held not later than three months
after
the early termination of the President's powers.
3. In all cases when the
President of the Russian Federation shall be unable to perform his
duties
such duties shall be temporarily performed by the chairmanof the Government of the
Russian Federation. The acting president of the Russian Federation shallhave no right to dissolve
the State Duma, call a referendum or make proposals on amendment or
revision
of the provisions of the Constitution of the Russian Federation.
Article 93 1. The
President
of the Russian Federation may be impeached by the Federation Council
only
on the basis of charges put forward against him of high treason or some other
grave
crime, confirmed by a ruling of the Supreme Court of the Russian
Federation
on the presence of indicia of crime in the President's actions and by a
ruling of the Constitutional Court of the Russian Federation confirming
that the procedure of bringingcharges has been observed.
2. The ruling of the State
Duma on putting forward charges and the decision of the Federation
Council
on impeachment of the President shall be passed by the votes of
two-thirds
of the total number in each of the chambers at the initiative of at
least
one-third of the deputies of the State Duma and in the presence of the
opinion of a special commission formed by the State Duma.
3. The decision of the
Federation
Council on impeaching the President of the Russian Federation shall be
passed within three months of thecharges being brought
against
the President by the State Duma. The charges against the President
shall
be considered to be rejected if the decision ofthe Federation Council
shall
not be passed.
Chapter 5Federal Assembly
Article 94. The Federal
Assembly - Parliament of the Russian Federation - shall be the supreme
representative and legislative body of the Russian Federation.
Article 95. 1. The
Federal Assembly shall consist of two chambers - the Federation Council
and the State Duma.
2. Two deputies from each
subject of the Federation shall be members of Federation Council: one
from
the representative and one from the executive bodies of s tate authority.
3. The State Duma shall consist
of 450 deputies.
Article 96. 1. The
State Duma shall be elected for a term of four years.
2. The procedure for
forming
the Federation Council and the procedure for electingdeputies to the State Duma
shall be established by federal law.
Article 97. 1. Any
citizen of the Russian Federation aged 21 and older who has the right
to
take part in elections may be elected deputy to the State Duma.
2. One and the same person
may not concurrently be a deputy to the Federation Council and to the
State
Duma. A deputy to the State Duma may not be a deputy to any other
representative
body of state power or bodies of local self-government.
3. The deputies to the State
Duma shall work on a permanent professional basis. Deputies to the
State
Duma may not be employed in the civil service or engage in any
activities
for remuneration other than teaching, research or other creative
activities.
Article 98. 1.
Deputies to the Federation Council and deputies to the State Duma shall
possess immunity throughout their term in office. A deputy may not be
detained,
arrested, searched except when detained inthe act of perpetrating
a crime, and may not be subject to personal search except when such
search
shall be authorized by law to ensure the safety ofother people.
2. The question of stripping
a deputy of immunity shall be decided on the recommendation of the
Prosecutor-General
of the Russian Federation by thecorresponding chamber of
the Federal Assembly.
Article 99. 1. The Federal
Assembly shall be a permanent body.
2. The State Duma shall hold
its first session on the 30th day after its election. The President of
the Russian Federation may convene a session of the State Duma before this term.
3. The first session of
the State Duma shall be opened by the oldest deputy.
4. From the start of the
work of the new State Duma the powers of the previous State Duma shall
cease.
Article 100. 1. The
Federation Council and the State Duma shall sit separately.
2. The sessions of the
Federation
Council and the State Duma shall be open. Each chamber has the right to
hold closed sessions as envisaged by its rules. 3. The chambers may have
joint sessions to hear the addresses of the President of the Russian
Federation,
addresses of the Constitutional Court of the Russian Federation and speeches
by leaders of foreign states.
Article 101. 1. The
Federation Council shall elect from among its members the Chairman of
the
Federation Council and his deputies. The State Duma shall elec t 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
shall preside over the sessions and supervise the internal
rules
of the chamber.
3. The Federation Council
and the State Duma shall form committees and commissions, exercise
parliamentary
supervision over issues within their jurisdiction and hold
parliamentary
hearings.
4. Each chamber shall adopt
its own rules and solve questions of internal organization and work.
5. In order to exercise control
over the federal budget the Federation Council and the State Duma shall
form an Accounting Chamber, the membership and rules of order of which
shall be determined by federal law.
Article 102. 1. The
jurisdiction of the Federation Council shall include: a) approval of
changes
of borders between the subjects of the Russian Federation; b) approval
of the decree of the President of the Russian Federation on the introduction of martial law;
c) approval of the decreeof the President of the
Russian Federation on the introduction of a state of emergency; d)
making
decisions on the possibility of the use ofthe Armed Forces of the
Russian Federation outside the territory of the Russian Federation; e)
calling of elections of the President of the Russian Federation; f)
impeachment
of the President of the Russian Federation. g) the appointment of
judges of the Constitutional Court of the Russian Federation, the
Supreme
Court of the Russian Federation, and the Supreme Court of Arbitration
of
the Russian Federation; h) the appointment to office and the removal
from
office of the Prosecutor-General of the Russian
Federation;
i) the appointment to office and removal from office of the deputyChairman of the
Accounting
Chamber and half of its staff of its auditors. 2. The Federation
Council shall pass resolutions on the issues within its jurisdiction under
the Constitution of the Russian Federation. 3. The decrees of the
Federation Council shall be adopted by a majority of all deputies to
the
Federation Council unless otherwise provided for by the Constitution of
the Russian Federation.
Article 103. 1. The
jurisdiction of the State Duma shall include: a) granting consent to
the
President of the Russian Federation for the appointment of the Chairman
of the Government of the Russian Federation; b) decisions on confidence
in the government of the Russian Federation; c) the appointment and
dismissal
of the Chairman of the Central Bank of the Russian Federation; d) the
appointment
and dismissal of the Chairman of the Accounting Chamber and half of its
staff of auditors; e) the appointment and dismissal of the
Plenipotentiary
for Human Rights acting inaccordance with the
Federal
Constitutional Law; f) granting amnesty; g) bringing charges against
the
President of the Russian Federation for his impeachment.
2. The State Duma shall adopt
resolutions on the issues of its jurisdiction envisaged by the
Constitution
of the Russian Federation.
3. The resolutions of the State Duma
shall
be adopted by a majority of votes of all deputies of theState Duma unless
otherwise
provided for by the Constitution of the Russian Federation.
Article 104. 1. The
President of the Russian Federation, the Federation Council, the
members
to the Federation Council, the deputies to the StateDuma, the Government of
the Russian Federation and the legislative(representative) bodies of
the
subjects of the Russian Federation shall have the right of legislative
initiative.
The Constitutional Court of the Russian Federation, the Supreme Court
of
the Russian Federation and the Supreme Court of Arbitration of the Russian
Federation shall also have the right of legislative initiative within
their
jurisdiction.
2. Draft laws shall be
introduced
in the State Duma.
3. The draft laws on the
introduction or abolishing of taxes, exemptions from the payment
thereof,
on the issue of state loans, on changes in the financial obligations of
the state and other draft laws providing for expenditures covered from
the federal budget may be introduced to the State Duma only with a
corresponding
resolution by the Government of the Russian Federation.
Article 105. 1.
Federal
laws shall be passed by the State Duma.
2.Federal laws shall be passed
by a majority of votes of all deputies of the State Duma unless
otherwise
provided for by the Constitution of the Russian Fede ration.
3. Laws adopted by the
State
Duma shall be passed to the Federation Council for review within five
days. 4. A federal law shall be
considered passed by the Federation Council if more than half of its
deputies
vote for it or if within fourteen days it has not been considered by
the
Federation Council. In the event the Federation Council shall reject
the
federal law, the chambers may set up a conciliatory commission to
settle
the differences, whereupon the federal law shall again be considered by
the State Duma.
5. In the event the State
Duma shall disagree with the decision of the Federation Council, the
federal
law shall be considered adopted if, in the second voting, at least
two-thirds
of the total number of deputies to the State Duma vote for it.
Article 106. The federal
laws adopted by the State Duma shall be considered by the Federation
Council
on a mandatory basis if such laws deal with the issuesof: a) the federal budget;
b) federal taxes and levies; c) financial, monetary, credit and customs
regulations and money emission; d) ratification and denunciation of
international
treaties of the Russian Federation; e) the status and protection of the
state border of the Russian
Federation; f) war and peace.
Article 107.1. An adopted
federal law shall be sent to the President of the Russian Federation
for
signing and publication within five days.
2. The President of the Russian
Federation shall, within fourteen days, sign a federal law and publish
it.
3. If the President
rejects
a federal law within fourteen days since it was sent to him, the State
Duma and the Federation Council shall againconsider the law in
accordance
with the procedure established by the Constitution of the Russian
Federation.
If, during the second hearings, thefederal law shall be
approved
in its earlier draft by a majority of not less than two thirds of the
total
number of deputies of the Federation Council and the State Duma, it
shall
be signed by the President of the Russian Federation within seven days
and published.
Article 108. 1.
Federal
constitutional laws shall be passed on issues specified in the
Constitution
of the Russian Federation.
2. A federal
constitutional
law shall be considered adopted, if it has been approved by a majority
of at least three quarters of the total number of deputies of the
Federation
Council and at least two thirds of the total number of deputies of the
State Duma. The adopted federal constitutional law shall be signed by
the
President of the Russian Federation withinfourteen days and
published.
Article 109. 1. The
State Duma may be dissolved by the President of the Russian Federation
in cases stipulated in 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 shall
determine
the date of elections so that the newly-elected State Duma shall
convene
not later than four months since the time of dissolution.
3. The State Duma may not
be dissolved on grounds provided for by Article 117 of the Constitution
of the Russian Federation within one year after its election.
4. The State Duma may not
be dissolved since the time it has brought accusations against the
President
of the Russian Federation and until a corresponding decision has been
taken
by the Federation Council.
5. The State Duma may not
be dissolved during the period of the state of emergency or martial law
throughout the territory of the Russian Federation, as well as within
six
months of the expiry of the term of office of the President of the
Russian
Federation.
Chapter 6The Government of
the
Russian Federation
Article 110. 1. Executive
power in the Russian Federation shall be exercised by the Government of
the Russian Federation.
2. The Government of the
Russian Federation shall consist of the Chairman of the Government of
the
Russian Federation, Deputy Chairmen of the Government and federal
ministers.
Article 111 1. The Chairman
of the Government of the Russian Federation shall be appointed by the
President
of the Russian Federation with consent of the State Duma.
2. The proposal on the candidacy
of the Chairman of the Government of the Russian Federation shall be
made
no later than two weeks after the inauguration of the newly-elected
President
of the Russian Federation or after the resignation of the Government of
the Russian Federation or within one week after the rejection of the
candidate
by the State Duma.
3. The State Duma shall
consider the candidacy of the Chairman of the Government of the Russian
Federation submitted by the President of the Russian Federation within
one week after the nomination.
4. After the State Duma
thrice rejects candidates for Chairman of the Government of the Russian
Federation nominated by the President of the Russian Federation, the
President
of the Russian Federation shall appoint Chairman of the Government of
the
Russian Federation, dissolve the State Duma and call a new election.
Article 112 1. The
Chairman
of the Government of the Russian Federation shall, not later than one
week
after appointment, submit to the President of the Russian Federation
proposals
on the structures of the federal bodies of executive power.
2. The Chairman of the
Government
of the Russian Federation shall propose to the President of the Russian
Federation candidates for the office of Deputy Chairmen of the
Government
of the Russian Federation and federal ministers.
Article 113 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 shall determine the guidelines of the work of
the
Government of the Russian Federation and shall organize its work.
Article 114 1. The
Government
of the Russian Federation shall:a) develop and submit the federal
budget
to the State Duma and ensure compliance therewith; submit a report on
the
execution of thefederal budget to the State Duma; b) ensurethe implementation in the
Russian Federation of a uniform financial, credit and monetary policy;
c) ensure the implementation in the Russian Federation of a uniform
state
policy in the field of culture, science, education, health, social
security
and ecology; d) manage federal property; e) adopt measures to ensure
the
country's defense, state security and the implementation of the foreign
policy of the Russian Federation; f) implement measures to ensure
legality,
the rights and freedoms of citizens, protect property and public law
and
order and control crime; g) exercise any other powers vested in it by
the
Constitution of the Russian Federation, federal laws and the decrees of
the President of the Russian Federation.
2. The work of the
Government
of the Russian Federation shall be regulated by federal constitutional
law.
Article 115 1. On the
basis
of and pursuant to the Constitution of the Russian Federation, federal
laws and normative decrees of the President of the Russian Federation
the
Government of the Russian Federation shall issue decrees and orders and
ensure their implementation thereof.
2. The decrees and orders
of the Government of the Russian Federation shall be binding throughout
the Russian Federation.
3. The decrees and
executive
orders of the Government of the Russian Federation may be repealed by
the
President of the Russian Federation if they contravene the Constitution
of the Russian Federation, federal laws and the decrees of the
President
of the Russian Federation.
Article 116. The
Government
of the Russian Federation shall lay down its powers before the
newly-elected
President of the Russian Federation.
Article 117 1. The
Government
of the Russian Federation may hand in its resignation which may be
accepted
or rejected by the President of the Russian Federation.
2. The President of the
Russian Federation may take a decision about the resignation of the
Government
of the Russian Federation.
3. The State Duma may
express
non-confidence in the Government of the Russian Federation. The
non-confidence
resolution shall be approved by a simple majority of deputies in the
State
Duma. In the event the State Duma shall again express
non-confidence
in the Government of the Russian Federation within three months, the
President
of the Russian Federation shall announce the resignation of the
Government
or dissolve the State Duma.
4. The Chairman of the
Government
of the Russian Federation may put the question of confidence in the
Government
of the Russian Federation before the State Duma. In the case of a
non-confidence
vote by the State Duma, the President shall within seven days make a
decision
about the resignation of the Government of the Russian Federation or
about
the dissolution of the State Duma and call a new election.
5. If the Government of the
Russian Federation resigns or lays down its powers, it shall, following
instructions by the President of the Russian Federation, continue
working
until the formation of a new government of the Russian Federation.
Chapter 7Judiciary
Article 118 1. Justice in
the Russian Federation shall be administered only by law courts.
2. Judiciary power shall
be exercised to constitutional, civil, administrative and criminal process.
3. The judiciary system of
the Russian Federation shall be established by the Constitution of the
Russian Federation and the federal constitutional law. The creation of
extraordinary courts shall be forbidden.
Article 119. Citizens of
the Russian Federation aged 25 and older, holding a law degree and
having
worked in the law profession for at least fiveyears may become judges.
The federal law may establish additional requirements for judges in the
courts of the Russian Federation.
Article 120 1. Judges shall
be independent and shall obey only the Constitution of the Russian
Federation
and the federal law.
2. A court of law, having
established the illegality of an act of government or any other body,
shall
pass a ruling in accordance with law.
Article 121 1. Judges may
not be replaced.
2. A judge may not have his
powers terminated or suspended except under procedures and on grounds
established
by federal law.
Article 122. 1. Judges
shall
possess immunity.
2. Criminal proceedings may
not be brought against a judge except as provided for by federal law.
Article 123. 1. All trials
in all law courts shall be open. The hearing of a case can be in camera
in cases provided by the federal law.
2. Hearing of criminal
cases
in law courts in absentia shall not be allowed except the cases
provided
for by the federal law.
3. The trial shall be
conducted
on an adversarial and equal basis.
4. In cases stipulated by
federal law trials shall be held by jury.
Article 124. Law courts
shall be financed only out of the federal budget and financing shall
ensure
full and independent administration of justice in accordance with
federal
law.
Article 125 1. The
Constitutional
Court of the Russian Federation consists of 19 judges.
2. The Constitutional
Court
of the Russian Federation on request by the President of the Russian
Federation,
the 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 Supreme Arbitration Court of the
Russian
Federation, bodies of legislative and executive power of subjects of
the
Russian Federation shall resolve cases about compliance with the
Constitution
of the Russian Federation of: a) federal laws, normative acts of the
President
of the Russian Federation, the Federation Council, State Duma and the
Government
of the Russian Federation; b) republican constitutions, charters, as
well
as laws and other normative acts of subjects of the Russian Federation
published on issues pertaining to thejurisdiction of bodies of
state power of the Russian Federation and joint jurisdiction of bodies
of state power of the Russian Federation and bodies of state power of
subjects
of the Russian Federation; c) agreements between bodiesof state power of the
Russian
Federation and bodies of state power of subjects of the Russian
Federation,
agreements between bodiesof state power of subjects
of the Russian Federation; d) international agreements of the Russian
Federation
that have not entered into force.
3. The Constitutional Court
of the Russian Federation shall resolve disputes over jurisdiction: a)
between the federal state bodies; b) between state bodies of the
Russian
Federation and state bodies of the subjects of theRussian Federation; c)
between
supreme state bodies of subjects of the Russian Federation.
4. The Constitutional
Court
of the Russian Federation, proceeding from complaints about violation
of
constitutional rights and freedoms ofcitizens and requests from
courts shall review the constitutionality of the law applied or due to
be applied in a specific case in accordance with procedures established
by federal law.
5. The Constitutional
Court
of the Russian Federation on request by the President of the Russian
Federation,
the Federation Council, State Duma, the Government of the Russian
Federation,
legislative bodies of subjects of the Russian Federation shall interpret the
Constitution of the Russian Federation.
6. Acts and their
provisions
deemed unconstitutional shall loose force thereof; international
agreements
of the Russian Federation may not be enforced and applied if they
violate
the Constitution of the Russian Federation.
7. The Constitutional Court
of the Russian Federation on request of the Federation Council shall
rule
on compliance with established procedures when charging the President
of
the Russian Federation with state treason or other grave crime.
Article 126. 1. The
Supreme
Court of the Russian Federation shall be the highest judiciary body on
civil, criminal, administrative and other matters triable by general
jurisdiction
courts, and shall effect judiciary supervision over their activity in
line
with federal procedural forms and shalloffer explanations on
judicial
practice issues.
Article 127. The Supreme
Arbitration Court of the Russian Federation shall be the highest
judiciary
body resolving economic disputes and other cases considered by
arbitration
courts, and shall carry out judicial supervision over their activity in
line with federal legal procedures and shall offer explanations on
questions
of judiciary practice.
Article 128. 1. Judges of
the Constitutional Court of the Russian Federation, of the Supreme
Court
of the Russian Federation, of the SupremeArbitration Court of the
Russian Federation shall be appointed by the Federation Council
following
nomination by the President of the Russian Federation.
2. Judges of other federal
courts shall be appointed by the President of the Russian Federation in
accordance with procedures established by federal law.
3. The powers, and procedure
of the formation and activities of the Constitutional Court of the
Russian
Federation, the Supreme Court of the Russian Federation and the Supreme
Arbitration Court of the Russian Federation and other federal courts
shall
be established by federal constitutional law.
Article 129. 1. The
Prosecutor's
Office of the Russian Federation is a single centralized system in
which
lower prosecutors are subordinated to higher prosecutors and the
Prosecutor-General of the Russian Federation.
2. The Prosecutor-General
of the Russian Federation shall be appointed to his post and relieved
from
the post by the Federation Council on nomination by the President of
the
Russian Federation.
3. Prosecutors of subjects
of the Russian Federation shall be appointed by the Prosecutor-General
of the Russian Federation after consultations with its subjects.
4. Other prosecutors shall
be appointed by the Prosecutor-General of the Russian Federation.
5. The powers,
organization
and working procedure for the Prosecutor's Office of the Russian
Federation
shall be determined by federal law.
Chapter 8Local
Self-Government
Article 130. 1.
Local
self-government in the Russian Federation shall ensure independent
solution
by the population of local issues, the ownership, use and disposal of
municipal
property.
2. Local self-government
shall be exercised by the citizens through referendums, elections and
forms
of expression of their will, through elected and other bodies of local
self-government.
Article 131. 1.
Local
self-government shall be exercised in the cities, rural areas and other
localities taking into account historical and oth er local traditions. The
structure of bodies of local self-government shall be determined by the
population independently.chanrobles virtualawlibrary
2. The borders of territorial
entities under local self-government shall be changed only with the
consent
of their population.
Article 132. 1. The
bodies of local self-government shall independently managemunicipal property, form,
approve and execute the local budget, establish local taxes and levies,
ensure law and order and solve any other local issues.
2. The bodies of local
self-government
may be invested under law with certain state powers with the transfer
of
material and financial resources required to exercise such powers. The
exercise of the powers transferred shall be supervised by the state.
Article 133. Local
self-government in the Russian Federation shall be guaranteed by the
right
to judicial protection and compensation for any additional expenses
arising
from the decisions passed by the bodies of state power, and the ban on
the restrictions of the rights of local self-government established by
the Constitution of the Russian Federation and federal laws.
Chapter 9Constitutional
Amendments
and Revisions
Article 134.
Proposals
on amendments and revision of constitutional provisions may be made by
the President of the Russian Federation, theFederation Council, the
State Duma, the Government of the Russian Federation, legislative
(representative)
bodies of the subjects of the Russian Federation as well as groups of
deputies
numbering not less than one-fifth of the total number of deputies of
the
Federation Council or the State Duma.chanrobles virtualawlibrary
Article 135. 1. The
provisions of Chapters 1, 2 and 9 of the Constitution of the Russian
Federation
may not be revised by the Federal Assembly.
2. In the event a proposal
to revise any provisions in Chapters 1, 2 and 9 of the Constitution of
the Russian Federation shall be supported by three-fifths of the total
number of deputies of the Federation Council and the State Duma, a
Constitutional
Assembly shall be convened in accordance with the federal
constitutional
law.
3.The Constitutional Assembly
may either confirm the inviolability of the Constitution of the Russian
Federation or develop a new draft ofthe Constitution of the
Russian Federation which shall be adopted by two-thirds of the total
number
of deputies to the Constitutional Assembly or submitted to popular
voting.
The Constitution of the Russian Federation shall be consideredadopted during such poll
if more than half of its participants have voted for it, provided more
than half of the electorate have taken part in the poll.
Article 136. Amendments
to Chapters 3-8 of the Constitution of the Russian Federation shall be
adopted in accordance with the procedures envisaged for the adoption of
a federal constitutional law and shall come into force following the
approval
thereof by no less than two-thirds of the subjects 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, shall be made on the basis
of
the federal constitutional law on admission to the Russian Federation
and
the formation within the Russian Federation of a new subject and on a
change
of the constitutional-legal status of thesubject of the Russian
Federation.
2. In the event of a
change
in the name of therepublic, territory,
region,
federal cities, autonomous region and autonomous area, the new name of
the subject of the Russian Federation shall be included in Article 65
of
the Constitution of the Russian Federation.
Second PartConcluding and
Transitional
Provisions
1. The Constitution of the
Russian Federation comes into force from the day of its official
publication
on the basis of the results of a nationwide vote. The election
day,
December 12, 1993 is considered the day of adoption of the Constitution
of the Russian Federation. Simultaneously, the Constitution
(Fundamental
Law) of the Russian Federation - Russia, adopted 12 April, 1978, with
the
changes and amendments that followed, ceases
to be valid. In the event of a situation of nonconformity between
the Constitution of the Russian Federation and the Federal Treaty - the
Agreement on the Delineation of Jurisdiction and Powers between the
Federal
Bodies of State Power of the Russian Federation and the Bodies of State
Power of the Sovereign Republics making up the Russian Federation, the
Agreement on the Delineation of Jurisdiction andPowers between the Federal
Bodies of State Power of the Russian Federation and Bodies of State
Power
of the territories, regions, the cities of Moscow and St. Petersburg of
the Russian Federation, the Agreement on the Delineation of
Jurisdiction
and Powers between the Federal Bodies of State Power of the Russian
Federation
and Bodies of State power of the
autonomous region, autonomous areas making up the Russian Federation,
and
similarly other agreements between the Federal Bodies of State Power of
the Russian Federation and Bodies of State Power of the subjects of the
Russian Federation, agreements between Bodies of State Power of the
subjects
of the Russian Federation, the provisions of the Constitution of the
Russian
Federation shall apply.chanrobles virtualawlibrary
2. Laws and other legal acts
in effect on the territory of the Russian Federation until the
enactment
of this Constitution are enforced in so far as they do not contravene
the
Constitution of the Russian Federation.
3. The President of the Russian
Federation, elected in accordance with the Constitution (Fundamental
Law)
of the Russian Federation - Russia, from the day this Constitution
takes
effect exercises the powers set down in the Constitution until the end
of his term for which he was elected.
4. The Council of
Ministers
- the Government of the Russian Federation from the day this
Constitution
takes effect assumes the rights, duties and responsibilities of the
Government
of the Russian Federation set down in the Constitution of the Russian
Federation
and in future shall be designated as the Government of the Russian
Federation.
5. Courts in the Russian
Federation exercise the right to administer justice in accordance with
their powers as set down in this Constitution. After the
Constitution
takes effect the judges of all courts of the Russian Federation preserve their powers until the
end of their terms for which they were elected. Vacancies shall be
filled
in accordance with the procedures set down in this Constitution.
6. Until the adoption of
a federal law setting forth the procedures for trial by jury, the prior
procedure for conducting trials shall beretained. Until the
enforcement of criminal-procedural legislation of the Russian
Federation
in accordance with the provisions of this Constitution, the prior
procedures
of the arrest, custody and detention of individuals suspected of
committing
crimes shall be maintained.
7. The Federal Council and
the State Duma of the first convocation shall be elected for a two-year
term.
8. The Federation Council
shall hold its first session on the 30th day after election. The first
session of the Federation Council shall be 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 RussianFederation - are not covered by the provisions
of this Constitution concerning deputies' immunity from responsibility
for their activities (or their lack of activity) connected with the
execution
of their official duties. Deputies of the Federation Council of
the
first convocation shall exercise their powers on a
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