CONSTITUTION OF THE RUSSIAN FEDERATION

 

 

Preamble

 

We, the multinational people of the Russian Federation, united by a common destiny on our lan, asserting human rights and freedoms and civil peace and concord, preserving historically established state unity, proceeding from the generally recognized principles of the equality and self-determination of peoples, revering the memory of our forebears who passed down to us love and respect for the Fatherland and faith in good and justice, reviving the sovereign statehood of Russia and asserting the immutability of its democratic foundations, seeking to ensure the well-being and prosperity of Russia, proceeding from responsibility for our homeland to present and future generations, recognizing ourselves as part of the world community, adopt the CONSTITUTION OF THE RUSSIAN FEDERATION.

 

                          SECTION ONE

                          CHAPTER ONE

           FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM

 

Article 1.  The Russian Federation-Russia is a democratic federative rule-of-law state with a republican form of government.

The names Russian Federation and Russia are of equal validity.

 

Art. 2.  The individual and his rights and freedoms are the supreme value.  Recognition, observance, and protection of human and civil rights and freedoms is the obligation of the state.

 

Art. 3.  The repository of sovereignty and the sole source of authority in the Russian Federation is its multinational people.  The people exercise their authority directly and also through organs of state power and organs of local self-government. 

The supreme direct expression of the authority of the people is the referendum and free elections. 

Nobody can arrogate power in the Russian Federation.  The seizure of power or the arrogation of powers are prosecuted in accordance with federal law.

 

Art. 4.  The sovereignty of the Russian Federation extends to the whole of its territory. 

The Constitution of the Russian Federation and federal laws are paramount throughout the territory of the Russian Federation.  The Russian Federation ensures the integrity and inviolability of its territory.


Art. 5.  The Russian Federation consists of republics, krays, oblasts, cities of federal significance, an autonomous oblast, and autonomous okrugs which are equal components of the Russian Federation. 

A republic (state) has its own constitution and legislation.  A kray, oblast, city of federal significance, autonomous oblast, or autonomous okrug has its own charter and legislation. 

The federal structure of the Russian Federation is based on its state integrity, the unity of the system of state power, the delimitation of areas of responsibility and powers between organs and state power of the Russian Federation and organs of state power of the components of the Russian Federation, and the equality and self-determination of the peoples in the Russian Federation. 

All components of the Russian Federation are equal with each other in interrelationships with federal organs of state power.

 

Art. 6.  Citizenship of the Russian Federation is acquired and terminated in accordance with federal law and is uniform and equal irrespective of the basis on which it is acquired. 

Each citizen of the Russian Federation possesses all rights and freedoms on its territory and bears equal obligations stipulated by the Constitution of the Russian Federation.

A citizen of the Russian Federation cannot be deprived of his citizenship or of the right to change it.

 

Art. 7.  The Russian Federation is a social state whose policy is aimed at creating conditions ensuring a worthy life and free development of the individual. 

In the Russian Federation people's labor and health are protected, a guaranteed minimum wage is established, state support in ensured for the family, mothers, fathers, children, invalids, and elderly citizens, the system of social services is developed, and the state pensions, allowances, and other guarantees of social protection are established.

 

Art. 8.  In the Russian Federation the unity of the economic area, the free movement of goods, services, and financial resources, support for competition, and freedom of economic activity are guaranteed. 

In the Russian Federation private, state, municipal, and other forms of property enjoy equal recognition and protection.

 

Art. 9.  The land and other natural resources are utilized and protected in the Russian Federation as the basis of the life and activity of the peoples inhabiting the corresponding territory.     The land and other natural resources can be in private, state, municipal, or other forms of ownership.

 

Art. 10.  State power in the Russian Federation is exercised on the basis of the separtion of legislative, executive, and judicial powers.  Organs of legislative, executive, and judicial power are independent.

 

Art. 11.  State power in the Russian Federation is exercised by the president of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation.     State power in the components of the Russian Federation is exercised by the organs of state power formed by them. 

The delimitation of areas of responsibility and powers between organs of state power of the Russian Federation and organs of state power of components of the Russian Federation is effected by the present Constitution and the Federation Treaty and other treaties concerning the delimitation of areas of responsibility and powers.

 

Art. 12.  In the Russian Federation local self-government is recognized and guaranteed.  Within the limits of its powers local self-government is independent.  Organs of local self-government do not form part of the system of organs of state power.

 

Art. 13.  In the Russian Federation ideological diversity is recognized. 

No ideology may be established as the state ideology or as a compulsory ideology. 

In the Russian Federation political diversity and a multiparty system are recognized. 

Social associations are equal before the law. 

The creation and activity of social associations whose objectives and actions are directed toward the forcible alteration of the basic principles of the constitutional system and the violation of the integrity of the Russian Federation, the undermining of the security of the state, the creation of armed formations, or the fuelling of social, racial, national, or religious strife are prohibited.

 

Art. 14.  The Russian Federation is a secular state.  No religion may be established as the state religion or a compulsory religion. 

Religious associations are separated from the state and are equal before the law.

 

Art. 15.  The Constitution of the Russian Federation has supreme legal force and is direct-acting and applies throughout the territory of the Russian Federation.  Laws and other legal enactments adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.

Organs of state power, organs of local self-government, officials, citizens, and associations thereof are obliged to observe the Constitution of the Russian Federation and the laws.

Laws are subject to official publication.  Unpublished laws are not applied.  Any normative legal enactments affecting human and civil rights, freedoms, and duties cannot be applied unless they have been officially published for universal information.

Generally recognized principles and norms of international law and the international treaties of the Russian Federation are a constituent part of its legal system.  If an international treaty of the Russian Federation establishes rules other than those stipulated by the law, the rules of the international treaty apply.

 

Art. 16.  The provisions of the present chapter of the Constitution form the basic principles of the constitutional system of the Russian Federation and cannot be altered except by the procedure laid down by the present Constitution.

No other provisions of the present Constitution can contradict the basic principles of the constitutional system of the Russian Federation.

 

                          CHAPTER TWO

              HUMAN AND CIVIL RIGHTS AND FREEDOMS

 

Art. 17.  Human and civil rights and freedoms are guaranteed in the Russian Federation in accordance with generally recognized principles and norms of international law and in conformity with the present Constitution.

Basic human rights and freedoms are inalienable and belong to each person from birth onward.

The exercise of human and civil rights and freedoms must not violate the rights and freedoms of others.

 

Art. 18.  Human and civil rights and freedoms are direct-acting.  They determine the meaning, content, and application of laws and the activity of the legislative and executive branches and of local self-government and are safeguarded by justice.

 

Art. 19.  All are equal before the law and the courts.

The state guarantees equality of human and civil rights and freedoms regardless of sex, race, nationality, language, origin, property and position, place of residence, attitude toward religion, convictions, membership of public associations, and also other considerations.  Any form of restriction of citizen's rights on grounds of social, racial, national, linguistic, or religious affiliation are prohibited.

Men and women have equal rights and freedoms and equal opportunities to exercise them.

 

Art. 20.  Each person has the right to life.

Until its abolition the death penalty can be prescribed by federal law as the supreme penalty for particularly grave crimes against life, the accused being granted the right to trial by jury.

 

Art. 21.  The dignity of the individual is protected by the state.  Nothing may be grounds for disparaging it.

No one must be subjected to torture, violence, or other brutal or humiliating treatment or punishment.  No one may be subjected to medical, scientific, or other experiments without their voluntary consent.

 

Art. 22.  Each person has the right to freedom and inviolability of the person.

Arrest, taking into custody, and keeping in custody are permitted only by judicial decision.  An individual cannot be detained for a period of more than 48 hours without a judicial decision.

 

Art. 23.  Each person has the right to inviolability of his private life, individual and family privacy, and defense of his honor and good name.

Each person has the right to privacy of correspondence, telephone conversations, and postal, telegraph, and other communications.  Limitation on this right is permitted only on the basis of a judicial decision.

 

Art. 24.  The collection, storage, utilization, and dissemination of information about a person's private life without his consent are not permitted.

Organs of state power and organs of local self-government and their officials are obliged to ensure that each person has the opportunity to see documents and materials directly affecting his rights and freedoms unless otherwise provided by law.

 

Art. 25.  Dwellings are inviolable.  No one is entitled to enter a dwelling against the wishes of the persons residing there except in cases prescribed by federal law or on the basis of a judicial decision.

 

Art. 26.  Each person is entitled to determine and indicate his own nationality.  No one may be compelled to determine and indicate his own nationality.

Each person has the right to use his native language and to the free choice of language of communication, education, instruction, and creativity.

 

Art. 27.  Each person who is legally present on the territory of the Russian Federation has the right freely to travel and choose his place of stay and residence.

Each person may freely travel outside the Russian Federation.  The citizen of the Russian Federation has the right to return without impediment to the Russian Federation.

 

Art. 28.  Each person is guaranteed freedom of conscience and freedom of religion, including the right to profess any religion individually or together with others, or not to profess any, and freely to choose, hold, and disseminate religious and other convictions and to act in accordance with them.

 

Art. 29.  Each person is guaranteed freedom of thought and speech.

Propaganda or agitation exciting social, racial, national, or religious hatred and enmity is not permitted.  Propaganda of social, racial, national, religious, or linguistic supremacy is prohibited.

No one may be compelled to express his opinions and convictions or to renounce them.

Each person has the right freely to seek, receive, pass on, produce, and disseminate information by any legal method.  The list of information constituting a state secret is determined by federal law.

The freedom of mass information is guaranteed.  Censorship is prohibited.

 

Art. 30.  Each person has the right of association, including the right to create trade unions to protect his interests.  The freedom of the activity of public associations is guaranteed.

No one may be compelled to join or to remain in any association.

 

Art. 31.  Citizens of the Russian Federation have the right to assemble peacefully without weapons and to hold meetings, rallies, and demonstrations, processions, and pickets.

 

Art. 32.  Citizens of the Russian Federation have the right to take part in the administration of the state's affairs both directly and via their representatives.

Citizens of the Russian Federation have the right to elect and to be elected to organs of state power and organs of local self-government, and also to take part in referendums.

Citizens deemed incompetent by a court and also those detained in places of imprisonment by sentence of a court do not have the right to elect and be elected.

Citizens of the Russian Federation have equal access to state service.

Citizens of the Russian Federation have the right to take part in the administration of justice.

 

Art. 33.  Citizens of the Russian Federation have the right to appeal personally and also to send individual and collective appeals to state organs and organs of local self-government.

 

Art. 34.  Each person has the right to make free use of his abilities and property for purposes of entrepreneurial activity and other economic activity not prohibited by law.

Economic activity directed toward monopolization and unscrupulous competition is not permitted.

 

Art. 35.  The right of private ownership is protected by law.

Each person is entitled to own property and to possess, utilize, and dispose of it both individually and together with others.

No one may be deprived of his property except by court decision.  The compulsory expropriation of property for state requirements may be carried out only if full compensation is paid in advance.

The right of inheritance is guaranteed.

 

Art. 36.  Citizens and their associations are entitled to hold land in private ownership.

Owners freely possess, utilize, and dispose of land and other natural resources provided that this does not damage the environment and does not violate the rights and legitimate interests of others.

The conditions and procedure for the use of land are defined on the basis of federal law.

 

Art. 37.  Labor is free.  Each person has the right freely to dispose of his abilities for labor and to choose a type of activity and occupation.

Forced labor is prohibited.

Each person has the right to work in conditions meeting the requirements of safety and hygiene and to receive remuneration for labor without discrimination and of not less than the minimum pay prescribed by federal law, and also the right to protection from unemployment.

The right to individual and collective labor disputes utilizing methods of solving them prescribed by federal law, including the right to strike, is recognized.

Each person has the right to leisure.  Persons working on the basis of a labor contract are guaranteed the working hours, days off, and holidays prescribed by federal law and paid annual leave.

 

Art. 38.  Maternity and childhood and the family are under the state's protection.

Concern for children and their upbringing are the equal right and duty of the parents.

Able-bodies children who have reached the age of 18 years must look after disabled parents.

 

Art. 39.  Each person is guaranteed social security in old age, in the event of sickness, disability, or loss of breadwinner, for the raising of children, and in other cases prescribed by law.

State pensions and social benefits are prescribed by law.

Voluntary social insurance, the creation of additional forms of social security, and charity are encouraged.

 

Art. 40.  Each person has the right to housing.  No one may be arbitrarily deprived of housing.

Organs of state power and organs of local self-government encourage housing construction and create the conditions for exercise of the right to housing.

Housing is provided free or at affordable cost to low-income and other citizens indicated in the law who require housing from state, municipal, and other housing stocks in accordance with the norms prescribed by law.

 

Art. 41.  Each person has the right to health care and medical assistance.  Medical assistance in state and municipal health care establishments is provided to citizens for free by means of funds from the relevant budget, insurance contributions, and other revenue.

In the Russian Federation federal programs to protect and strengthen the population's health are financed, measures to develop state, municipal, and private health care systems are taken, and activities conducive to the strengthening of people's health, the development of physical culture and sport, and ecological and sanitary and epidemiological well-being are encouraged.

The concealment by officials of facts and circumstances creating a threat to people's lives and health entails responsibility in accordance with federal law.

 

Art. 42.  Each person has the right to a decent environment, reliable information about the state of the environment, and compensation for damage caused to his health or property by ecological offenses.

 

Art. 43.  Each person has the right to education.

General access to free preschool, basic general, and secondary vocational education in state or municipal education establishments and in enterprises is guaranteed.

Each person is entitled on a competitive basis to receive free higher education in a state or municipal educational establishment or in an enterprise.

Basic general education is compulsory.  Parents or persons in loco parentis ensure that children receive basic general education.

The Russian Federation establishes federal state educational standards and supports various forms of education and self-education.

 

Art. 44.  Each person is guaranteed freedom of literary, artistic, scientific, technical, and other types of creation and teaching.  Intellectual property is protected by law.

Each person has the right to participate in cultural life and use cultural institutions and to have access to cultural treasures.

Each person must display concern for preserving the historical and cultural heritage and look after historical and cultural monuments.

 

Art. 45.  State protection of human and civil rights and freedoms in the Russian Federation is guaranteed.

Each person is entitled to protect his rights and freedoms by any methods not prohibited by law.

 

Art. 46.  Each person is guaranteed judicial protection of his rights and freedoms.

The decisions and actions (or inaction) of organs of state power, organs of local self-government, public associations, and officials can be appealed in court.

Each person is entitled, in accordance with the Russian Federation's international treaties, to appeal to interstate organs for the protection of human rights and freedoms if all available means of legal protection inside the state have been exhausted.

Art. 47.  No one can be deprived of the right to have the case against him heard by the court and the judges to whose jurisdiction it is assigned by law.

Anyone accused of having committed a crime has the right to have the case against him heard by a court and jury as provided by federal law.

 

Art. 48.  Each person is guaranteed the right to receive qualified legal assistance.  Legal aid is rendered free of charge as provided by law.

Each detainee held in custody and accused of having committed a crime has the right to benefit from the assistance of a lawyer (defense attorney) from the moment of his detention, placing in custody, or indictment respectively.

 

Art. 49.  Each person accused of having committed a crime is presumed innocent until his guilt is proved as provided by federal law and established by means of a legitimate court sentence.

The accused is not obliged to prove his innocence.

Any undispelled doubts regarding the individual's guilt are interpreted in the accused's favor.

 

Art. 50.  No one can be tried a second time for the same crime.

The use of any proof acquired in breach of the federal law is not permitted in the administration of justice.

Each person sentenced for a crime has the right to have his sentence reviewed by a superior court as provided by federal law, as well as the right to appeal for pardon or a reduction of sentence.

 

Art. 51.  No one is obliged to testify against himself or against his spouse or close relatives, the range of the latter being defined by federal law.

Other instances when the obligation to give evidence is lifted can be laid down by federal law.

 

Art. 52.  The rights of the victims of crimes or abuses of power are protected by law.  The state guarantees the victims' access to justice and to compensation for damage caused.

 

Art. 53.  Each person has the right to compensation for the state for damage caused by the unlawful action (or inaction) of organs of state power or their officials.

 

Art. 54.  No law establishing or mitigating liability can be retroactive.

No one can be held liable for any act which, at the time it was committed, was not considered to be in breach of the law.  If liability for a breach of the law is abolished or mitigated after an act has been committed, the new law is applied.

 

Art. 55.  The listing of basic rights and freedoms in the Constitution of the Russian Federation must not be interpreted as negating or diminishing other universally recognized human and civil rights and freedoms.

Laws abolishing or diminishing human and civil rights and freedoms must not be promulgated in the Russian Federation.

Human and civil rights and freedoms can be curtailed by federal law only to the extent to which it may be necessary for the purpose of protecting the foundations of the constitutional system, morality, and the health, rights, and legitimate interests of other individuals, or of ensuring the country's defense and the state's security.

 

Art. 56.  Individual restrictions of rights and freedoms can be introduced, with an indication of their extent and duration, in a state of emergency in order to ensure the safety of citizens and the protection of the constitutional system in accordance with federal constitutional law.

A state of emergency may be introduced throughout the territory of the Russian Federation or in individual localities thereof in the circumstances and according to the procedure provided by federal constitutional law.

The rights and freedoms contained in Articles 20, 21, 23 (Part 1), 24, 28, 34 (Part 1), 40 (Part 1), and 46-54 of the Constitution of the Russian Federation may not be restricted.

 

Art. 57.  Each person is obliged to pay legitimately levied taxes and duties.  Laws introducing new taxes or detrimental to the taxpayer's situation cannot be retroactive.

 

Art. 58.  Each person is obliged to protect nature and the environment and to show solicitude for natural wealth.

 

Art. 59.  The protection of the fatherland is the duty and obligation of citizens of the Russian Federation.

Citizens of the Russian Federation perform military services as provided by federal law.

In the event that the convictions or religious beliefs of a citizen of the Russian Federation are at odds with the performance of military service, as well as in other instances as provided by federal law, the citizen has the right to perform alternative civil service as a substitute.

 

Art. 60.  A citizen of the Russian Federation can autonomously exercise his rights and obligations in full from the age of 18 years.

 

Art. 61.  A citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to another state.

The Russian Federation guarantees the protection and patronage of its citizens outside its borders.

 

Art. 62.  A citizen of the Russian Federation can hold citizenship of a foreign state (dual citizenship) as provided by federal law or an international treaty of the Russian Federation.

The fact that a citizen of the Russian Federation holds citizenship of a foreign state does not diminish his rights and freedoms or exempt him from obligations stemming from Russian citizenship, unless otherwise provided by federal law or an international treaty of the Russian Federation.

Foreign citizens and stateless persons in the Russian Federation enjoy equal rights and bear equal obligations with citizens of the Russian Federation, except when otherwise provided by federal law or an international treaty of the Russian Federation.

 

Art. 63.  The Russian Federation offers political asylum to foreign citizens and stateless persons in accordance with universally recognized norms of international law.

The Russian Federation does not permit the extradition to other states of persons persecuted for their political beliefs or for actions (or inactions) which are not considered a crime in the Russian Federation.  The extradition of persons accused of having committed a crime, or the extradition of sentenced persons to serve their sentence in other states, is performed on the basis of federal law or an international treaty of the Russian Federation.

 

Art. 64.  The provisions of this chapter comprise the foundations of the individual's legal status in the Russian Federation and cannot be amended except by the procedure established by the present Constitution.

 

                         CHAPTER THREE

                     FEDERATIVE STRUCTURE

 

Art. 65.  The composition of the Russian Federation comprises the following components of the Russian Federation:

The Republic of Adygea (Adygea), the Republic of Altai, the Republic of Bashkortostan, the Republic of Buryatia, the Republic of Dagestan, the Ingush Republic, the Kabardino-Balkar Republic, the Republic of Kalmykia--Khalmg Tangch, the Karachay-Cherkess Republic, the Republic of Karelia, the Republic of Komi, the Republic of Mari El, the Republic of Mordovia, the Republic of Sakha (Yakutia), the Republic of North Ossetia, the Republic of Tatarstan (Tatarstan), the Republic of Tuva, the Udmurt Republic, the Republic of Khakassia, the Chechen Republic, the Chuvash Republic--Chavash Respubliki;

Altai Krai, Krasnodar Krai, Krasnoyarsk Krai, Maritime Krai, Stavropol Krai, Khabarovsk Krai;

Amur Oblast, Arkhangelsk Oblast, Astrakhan Oblast, Belgorod Oblast, Bryansk Oblast, Vladimir Oblast, Volgograd Oblast, Vologda Oblast, Voronezh Oblast, Ivanovo Oblast, Irkutsk Oblast, Kaliningrad Oblast, Kirov Oblast, Kostroma Oblast, Kurgan Oblast, Kursk Oblast, Leningrad Oblast, Lipetsk Oblast, Magada Oblast, Moscow Oblast, Murmansk Oblast, Nizhniy Novgorod Oblast, Novgorod Oblast, Novosibirsk Oblast, Omsk Oblast, Orenburg Oblast, Orel Oblast, Penza Oblast, Perm Oblast, Pskov Oblast, Rostov Oblast, Ryazan Oblast, Samara Oblast, Saratov Oblast, Sakhalin Oblast, Sverdlovsk Oblast, Smolensk Oblast, Tambov Oblast, Tver Oblast, Tomsk Oblast, Tula Oblast, Tyumen Oblast, Ulyanovsk Oblast, Chelyabinsk Oblast, Chita Oblast, Yaroslavl Oblast;

Moscow, St. Petersburg--cities of federal significance;

The Jewish Autonomous Oblast;

The Aga Buryat Autonomous Oblast, the Komi-Permyak Autonomous Okrug, the Koryak Autonomous Okrug, the Nenetsk Autonomous Okrug, the Taymyr (Dolgano-Nenets) Autonomous Okrug, the Ust-Orda Buryat Autonomous Okrug, the Khanti-Mansiysk Autonomous Okrug, the Chukotsk Autonomous Okrug, the Evenk Autonomous Okrug, the Yamalo-Nenetsk Autonomous Okrug.

The admission to the Russian Federation and the formation as part of the Russian Federation of a new component are carried out according to the procedure laid down by federal constitutional law.

 

Art. 66.  The status of a republic is determined by the Constitution of the Russian Federation and by the constitution of the republic.

The status of a kray, oblast, city of federal significance, autonomous oblast, and autonomous okrug is determined by the Constitution of the Russian Federation and the charter of the kray, oblast, city of federal significance, autonomous oblast, and autonomous okrug adopted by the legislative (representative) organ of the relevant component of the Russian Federation.

A federal law on the autonomous oblast or an autonomous okrug can be adopted upon submission by the legislative and executive organs of the autonomous oblast or autonomous okrug.

The relations of the autonomous okrugs forming part of a kray or oblast can be regulated by a federal law and treaty between the organs of state power of an autonomous okrug and, accordingly, by the organs of state power of a kray or oblast.

The status of a component of the Russian Federation can be changed by the mutual consent of the Russian Federation and the component of the Russian Federation in accordance with federal constitutional law.l

 

Art. 67.  The territory of the Russian Federation includes the territories of its components, internal bodies of water, and territorial sea, and the airspace over these.

The Russian Federation possesses sovereign rights and exercises jurisdiction over the continental shelf and within the exclusive economic zone of the Russian Federation in accordance with the procedure defined by federal law and the norms of international law.

The borders between components of the Russian Federation can be amended by their mutual consent.

 

Art. 68.  The Russian language is the state language of the Russian Federation throughout its territory.

Republics are entitled to establish their own state languages.  They are used alongside the state language of the Russian Federation in the organs of state power, organs of local self-government, and state institutions of the republics.

The Russian Federation guarantees all its peoples the right to retain their mother tongue, and to create conditions for its study and development.

 

Art. 69.  The Russian Federation guarantees the rights of numerically small indigenous peoples in accordance with the generally recognized principles and norms of international law and the international treaties of the Russian Federation.

 

Art. 70.  The state flag, emblem, and anthem of the Russian Federation, the description of these, and the procedure for their official use are established by federal constitutional law.

The capital of the Russian Federation is the city of Moscow.  The status of the capital is established by law.

 

Art. 71.  The following fall within the jurisdiction of the Russian Federation:

a) the adoption and amendment of the Constitution of the Russian Federation and federal laws, and the monitoring of compilance with them;

b) the federative system and territory of the Russian Federation;

c) the regulation and protection of human and civil rights and freedoms; citizenship of the Russian Federation; the regulation and protection of the rights of national minorities;

d) the establishment of a system of federal organs of legislative, executive, and judicial power, the procedure for their organization and activity; the formation of federal organs of state power;

e) federal state property and the management thereof;

f) the establishment of the fundamentals of federal policy and federal programs in the sphere of state, economic, ecological, social, cultural, and national development of the Russian Federation;

g) the establishment of the legal foundations of the single market; financial, currency, credit, and customs regulations, monetary emission, and the foundations of pricing policy, federal economic services, including federal banks;

h) the federal budget; federal taxes and duties; federal regional development funds;

i) federal power systems, nuclear power generation, fissile materials,; federal transport, railroads, information, and communications; activity in space;

j) the Russian Federation's foreign policy and international relations and the Russian Federation's international treaties; issues of war and peace;

k) the Russian Federation's foreign economic relations;

l) defense and security; defense production; the determination of the procedure for the sale and purchase of weapons, ammunition, military hardware, and other military property; the production of toxic substances, narcotic substances, and the procedure for their use;

m) the determination of the status and protection of the state border, territorial seas, airspace, the exclusive economic zone and the continental shelf of the Russian Federation;

n) the judicial system; the prosecutor's office; legislation in the field of criminal, criminal-procedure, and criminal-executive law; amnesty and the granting of pardons; legislation in the field of civil law, the law of civil procedure and the law of arbitral procedure; the legal regulation of intellectual property;

o) federal law relating to the conflict of laws;

p) the metereological service, standards and standard weights and measurements, the metric system and measurement of time; geodesy and cartography; geographic names; official statistical records and accounting;

q) state awards and honorary titles of the Russian Federation;

r) the federal civil service.

 

Art. 72.  The following falls within the joint jurisdiction of the Russian Federation and the components of the Russian Federation:

a) the guaranteeing that the constitutions and laws of republics, and the charters, laws, and other normative legal acts of krays, oblasts, cities of federal significance, the autonomous oblasts, and autonomous okrugs accord with the Constitution of the Russian Federation and federal laws;

b) the protection of human and civil rights and freedoms; the protection of the rights of national minorities; the guaranteeing of legality, law and order, and public safety; the arrangements relating to border zones;

c) issues relating to the ownership, use, and disposal of land, mineral resources, water, and other natural resources;

d) the delimitation of state property;

e) the use of the natural environment; environmental protection and the guaranteeing of ecological safety; natural sites under special protection; the protection of historical and cultural monuments;

f) general issues of nurture, education, science, culture, physical fitness and sport;

g) the coordination of questions of public health; the protection of the family, mothers, fathers, and children; social protection including social security;

h) the implementation of measures for combatting catastrophes, natural disasters, and epidemics, and the elimination of their consequences;

     i) the establishment of general principles of taxation and levying of duties in the Russian Federation;

     j) administrative, administrative-procedural, labor, family, housing, land, water, and forestry legislation, and legislation on mineral resources and on environmental protection;

     k) cadres of judicial and law-enforcement organs; attorneys and notaries;

l) the protection of the primordial habitat and traditional way of life of numerically small ethnic communities;

m) the establishment of the general principles for the organization of a system of organs of state power and local self-government;

n) the coordination of the international and foreign economic relations of components of the Russian Federation, and the fulfillment of the Russian Federation's international treaties.

The provisions of this article extend in equal measure to the republics, krays, oblasts, cities of federal significance, the autonomous oblast, and autonomous okrugs.

 

Art. 73.  Outside the compass of hte Russian Federation's jurisdiction and the powers of the Russian Federation as regards the terms of reference of the joint jurisdiction of the Russian Federation and the components of the Russian Federation, the components of the Russian Federation possesses state power in its entirety.

 

Art. 74.  The establishment of customs borders, duties, levies, and any other hindrances to the free movement of goods, services, and financial assets is not permitted on the territory of the Russian Federation.

Restrictions on the movement of goods and services can be introduced in accordance with federal law if this is essential for ensuring safety, the protection of the life and health of people, and the protection of nature and cultural assets.

 

Art. 75.  The monetary unit in the Russian Federation is the ruble.  Monetary emission is carried out exclusively by the Central Bank of the Russian Federation.  The introcution and emission of other currencies is not permitted in the Russian Federation.

The protection and the guaranteeing of the stability of the ruble is the basic function of the Central Bank of the Russian Federation which it carries out independently of the other organs of state power.

The system of taxes levied for the federal budget and the general principles of taxation and levies in the Russian Federation are established by federal law.

State loans are issued according to a procedure determined by federal law and are floated on a voluntary basis.

 

Art. 76.  Federal constitutional laws and federal laws which operate directly throughout the territory of the Russian Federation are adopted with regard to the Russian Federation's areas of responsibility.

Federal laws, and the laws and other normative legal enactments of the components of the Russian Federation adopted in accordance with the aforesaid federal laws, are promulgated with regard to the areas of joint responsibility of the Russian Federation and the components of the Russian Federation.

Federal laws cannot conflict with federal constitutional laws.

Outside the compass of the Russian Federation's jurisdiction and the joint jurisdiction of the Russian Federation and the components of the Russian Federation, the republics, the krays, oblasts, cities of federal significance, the autonomous oblast, and the autonomous okrugs exercise their own legal regulation, including the adoption of laws and other normative legal enactments.

The laws and other normative legal enactments of the components of the Russian Federation cannot conflict with federal laws adopted in accordance with the first and second parts of this article.  In the event of conflicts between the federal law and another enactment promulgated in the Russian Federation, the federal law is to obtain.

In the event of conflict between the federal law and a normative legal enactment of a component of the Russian Federation promulgated in accordance with the fourth part of this article, the normative enactment of the component of the Russian Federation obtains.

 

Art. 77.  The system of organs of state power of the republics, krays, oblasts, cities of federal significance, the autonomous oblast, and autonomous okrugs is established by the components of the Russian Federation independently in accordance with the fundamentals of the constitutional system of the Russian Federation and the general principles of the organization of representative and executive organs of state power established by federal law.

Within the areas of responsibility of the Russian Federation and the powers of the Russian Federation as regards the terms of reference of the joint jurisdiction of the Russian Federation and the components of the Russian Federation, the federal organs of executive power and the organs of executive power of the components of the Russian Federation form a unified system of executive power in the Russian Federation.

 

Art. 78.  In order to exercise their powers, the federal organs of executive power can create their own territorial organs and appoint the relevant officials.

The federal organs of executive power, by agreement with the organs of executive poewr of the components of the Russian Federation can hand over to them the implementation of part of their powers provided that this does not conflict with the Constitution of the Russian Federation and federal laws.

By agreement with the federal organs of executive power the organs of executive power of the components of the Russian Federation can hand over to them the implementation of part of their powers.

The president of the Russian Federation and the government of the Russian Federation ensure, in accordance with the Constitution of the Russian Federation, the exercise of the powers of federal state authority throughout the territory of the Russian Federation.

 

Art. 79.  The Russian Federation can participate in interstate associations and hand over to them part of its powers in accordance with international treaties unless it entails the restriction of human and civil rights and freedoms and unless it conflicts with the fundamentals of the constitutional system of the Russian Federation.

 

                         CHAPTER FOUR

              PRESIDENT OF THE RUSSIAN FEDERATION

 

Art. 80.  The president of the Russian Federation is the head of the state.

The president of the Russian Federation is the guarantor of the Constitution of the Russian Federation and of human and civil rights and freedoms.  Within the procedure established by the Constitution of the Russian Federation, he adopts measures to safeguard the sovereignty of the Russian Federation and its independence and state integrity, and ensures the coordinated functioning and collaboration of organs of state power.

The president of the Russian Federation, in compliance with the Constitution of the Russian Federation and the federal laws, determines the basic guidelines of the state's domestic and foreign policy.

The president of the Russian Federation, in his capacity as head of state, represents the Russian Federation within the country and in international relations.

 

Art. 81.  The president of the Russian Federation is elected for four years by citizens of the Russian Federation on the basis of universal, equal, and direct suffrage in a secret ballot.

A citizen of the Russian Federation who is at least 35 years of age and has been permanently resident in the Russian Federation for at least 10 years can be elected president of the Russian Federation.

One and the same person cannot hold the office of president of the Russian Federation for more than two consecutive terms.

The procedure of elections for president of the Russian Federation is established by federal law.

 

Art. 82.  At his inauguration the president of the Russian Federation swears the following oath to the people:

"In exercising the powers of president of the Russian Federation I swear to respect and protect human and civil rights and freedoms, to observe and defend the Constitution of the Russian Federation, to defend the state's sovereignty and independence and its security and integrity, and faithfully to serve the people."

The oath is administered in a ceremonial atmosphere in the presence of members of the Federation Council, deputies of the State Duma, and justices of the Constitutional Court of the Russian Federation.

 

Art. 83.  The president of the Russian Federation:

a) appoints with the consent of the State Duma the chairman of the Government of the Russian Federation;

b) has the right to chair sittings of the Government of the Russian Federation;

c) adopts the decision on the dismissal of the Government of the Russian Federation;

d) submits to the State Duma the candidate for appointment to the office of chairman of the Central Bank of the Russian Federation; submits to the State Duma the question of removing from office the chairman of the Central Bank of the Russian Federation;

e) at the proposal of the chairman of the Government of the Russian Federation appoints and removes from office the deputy chairmen of the Government of the Russian Federation and federal ministers;

f) submits to the Federation Council candidates for appointment to the office of justices of the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, and Superior Court of Arbitration of the Russian Federation, and also the candidate for general prosecutor of the Russian Federation; submits to the Federation Council the proposal on removing from office the general prosecutor of the Russian Federation; appoints justices in other federal courts;

g) forms and heads the Security Council of the Russin Federation, whose status is defined by federal law;

h) approves the military doctrine of the Russian Federation;

i) forms the Administration of the president of the Russian Federation;

j) appoints and removes plenipotentiary representatives of the President of the Russian Federation;

k) appoints and removes the high command of the Armed Forces of the Russian Federation;

l) appoints and recalls after consultations with the relevant committees or commissions of the chambers of the Federal Assembly diplomatic representatives of the Russian Federation in foreign state and international organizations.

 

Art. 84.  The president of the Russian Federation:

a) schedules elections to the State Duma in accordance with the Constitution of the Russian Federation and federal law;

b) dissolves the State Duma in instances and according to the procedure laid down by the Constitution of the Russian Federation;

c) schedules referendums according to the procedure prescribed by federal constitutional law;

d) submits draft laws to the State Duma;

     e) signs and promulgates federal laws;

f) delivers to the Federal Assembly annual messages on the state of the nation and on the basic guidelines of the state's domestic and foreign policy.

 

Art. 85.  The president of the Russian Federation may use conciliation procedures to resolve disagreements between organs of state power of the Russian Federation and organs of state power of components of the Russian Federation, and also between organs of state power of components of the Russian Federation.  In the event of failure to reach an agreed solution he may refer the resolution to the dispute for examination by the appropriate court.

Pending a resolution of the matter by the appropriate court, the president of the Russian Federation is entitled to suspend the operation of enactments by organs of executive power of components of the Russian Federatiion if these enactments contravene the Constitution of the Russian Federation and federal laws or the Russian Federation's international commitments or violate human and civil rights and freedoms.

 

Art. 86.  The president of the Russian Federation:

a) exercises leadership of the foreign policy of the Russian Federation;

b) conducts talks and signs international treaties of the Russian Federation;

c) signs instruments of ratification;

d) accepts the credentials and letters of recall of diplomatic representatives accredited to him.

 

Art. 87.  The president of the Russian Federation is the supreme commander in chief of the Armed Forces of the Russian Federation.

In the event of aggression against the Russian Federation or a direct threat of aggression the president of the Russian Federation introduces martial law on the territory of the Russian Federation or in individual localities of that territory and immediately notifies the Federation Council and State Duma of this.

The regime of martial law is defined by federal constitutional law.

 

Art. 88.  In the circumstances and according to the procedure laid down by federal constitutional law, the president of the Russian Federation introduces on the territory of the Russian Federation or in individual localities of that territory a state of emergency and immediately notifies the Federation Council and the State Duma of this.

 

Art. 89.  The president of the Russian Federation:

a) decides questions of citizenship of the Russian Federation and of granting political asylum;

b) confers state awards of the Russian Federation and awards honorary titles of the Russian Federation and higher military and higher special ranks;

c) grants pardons.

 

Art. 90.  The president of the Russian Federation issues edicts and directives.

Implementation of the edicts and directives of the president of the Russian Federation is mandatory throughout the territory of the Russian Federation.

The edicts and directives of the president of the Russian Federation must not contravene the Constitution of the Russian Federation and federal laws.

 

Art. 91.  The president of the Russian Federation enjoys immunity.

 

Art. 92.  The president of the Russian Federation begins exercising his powers from the moment he swears the oath and ceases exercising them upon the expiry of his term of office from the moment that the newly elected president of the Russian Federation swears the oath.

The president of the Russian Federation ceases the exercise of his powers early in the event of his resignation, persistent inability to exercise his powers for health reasons, or removal from office.  Furthermore, the election of the [new] president of the Russian Federation must take place no later than three months after the early cessation of the exercise of powers

In all instances where the president of the Russian Federation is unable to perform his duties, they are temporarily carried out by the chairman of the Government of the Russian Federation.  The acting president of the Russian Federation does not have the right to dissolve the State Duma, schedule a referendum, or submit proposals on amendments to and the revision or provisions of the Constitution of the Russian Federation.

 

Art. 93.  The president of the Russian Federation can be removed from office by the Federation Council only on the basis of a charge of treason or commission of some other grave crime, filed by the State Duma and confirmed by a ruling of the Supreme Court of the Russian Federation that the actions of the president of the Russian Federation contain the elements of crime and a ruling of the Constitutional Court of the Russian Federation that the established procedure for filing the charge has been observed.

The decision by the State Duma on filing the charge and the decision by the Federation Council on removing the president from office must be adopted by a vote of two-thirds of the total number [of members] of each chamber on the initiative of at least one-third of the deputies of the State Duma and provided there is a ruling by a special commission formed by the State Duma.

The decision by the Federation Council on removing the president of the Russian Federation from office must be adopted not later than three months following the filing of the charge against the president by the State Duma.  If the decision by the Federation Council is not adopted within this period of time, the charge against the president is deemed rejected.

 

                         CHAPTER FIVE

                     THE FEDERAL ASSEMBLY

 

Art. 94.  The Federal Assembly-Parliament of the Russian Federation is the representative and legislative organ of the Russian Federation.

 

Art. 95.  The Federal Assembly consists of two chambers -- the Federation Council and the State Duma.

The Federation Council consists of two representatives from each component of the Russian Federation; one each from the representative and executive organs of state power.

The State Duma consists of 450 deputies.

 

Art. 96.  The State Duma is elected for a term of four years.

The procedure for composing the Federation Council and the procedure for electing deputies of the State Duma are established by federal laws.

 

Art. 97.  A citizen of the Russian Federation who has attained the age of 21 years and has the right to participate in elections can be elected a deputy of the State Duma.

One and the same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma.  A deputy of the State Duma cannot be a deputy of any other representative organs of state power or organs of local self-government.

Deputies of the State Duma work on a full-time professional basis.  Deputies of the State Duma cannot be in state service or engage in any other paid activity, apart from teaching, scientific, or other creative activity.

 

Art. 98.  Members of the Federation Council and deputies of the State Duma enjoy immunity for the duration of their term of office.  They cannot be detained, arrested, or searched unless detained at the scene of a crime, nor can they be subjected to a body search except as provided by federal law in order to guarantee other people's safety.

Any question concerning the lifting of immunity is decided by the appropriate chamber of the Federal Assembly upon submission by the general prosecutor of the Russian Federation.

 

Art. 99.  The Federal Assembly is a permanently functioning body.

The State Duma meets for its first sitting on the 30th day after its election.  The president of the Russian Federation can convene a sitting of the State Duma prior to that date.

The first sitting of the State Duma is opened by the oldest deputy.

From the moment that the work of a newly elected State Duma begins, the powers of the previous State Duma are terminated.

 

Art. 100.  The Federation Council and the State Duma sit separately.

Sittings of the Federation Council and the State Duma are open.  In instances stipulated by the standing orders of a chamber it is entitled to conduct closed sittings.

Chambers may convene jointly to hear messages from the president of the Russian Federation, messages from the Constitutional Court of the Russian Federation, and speeches by leaders of foreign states.

 

Art. 101.  The Federation Council elects from its membership the chairman of the Federation Council and his deputies.  The State Duma elects from its members the chairman of the State Duma and his deputies.

The chairman of the Federation Council and his deputies, and the chairman of the State Duma and his deputies, chair sittings and control the internal procedures of the chamber.

The Federation Council and the State Duma form committees and commissions and conduct parliamentary hearings into matters under their jurisdiction.

Each of the chambers adopts its own standing orders and decides matters relating to the internal procedure governing its activity.

In order to monitor the implementation of the federal budget the Federation Council and the State Duma form a Comptrollers Office whose composition and work procedure are determined by federal law.

 

Art. 102.  The jurisdiction of the Federation Council includes:

a) confirming alterations to borders between components of the Russian Federation;

b) confirming an edict of the president of the Russian Federation on the introduction of martial law;

c) confirming an edict of the president of the Russian Federation on the introduction of a state of emergency;

d) deciding the question of the possibility of the utilization of Russian Federation Armed Forces outside the borders of the territory of the Russian Federation;

e) scheduling elections for the president of the Russian Federation;

f) removing the president of the Russian Federation from office;

g) appointing justices of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Superior Court of Arbitration of the Russian Federation;

h) appointing and removing from office the general prosecutor of the Russian Federation;

i) appointing and removing from office the deputy chairman of the Comptrollers Office and half of its staff of auditors.

The Federation Council adopts decrees on matters designated as its area of responsibility by the Constitution of the Russian Federation.

Decrees of the Federation Council are adopted by a majority of votes of the total number of Federation Council members unless some other procedure for adopting a decision is stipulated by the Constitution of the Russian Federation.

 

Art. 103.  The jurisdiction of the State Duma includes:

a) giving consent to the president of the Russian Federation for the appointment of the chairman of the Government of the Russian Federation;

b) deciding a motion on confidence in the Government of the Russian Federation;

c) appointing and removing from office the chairman of the Central Bank of the Russian Federation;

d) appointing and removing from office the chairman of the Comptroller's Office and half of its staff of auditors;

e) appointing and removing from the office the commissioner for human rights, who operates in accordance with federal constitutional law;

f) declaring an amnesty;

g) filing a charge against the president of the Russian Federation to remove him from office;

The State Duma adopts decrees on matters designated as its areas of responsibility by the Constitution of the Russian Federation.

Decrees of the State Duma are adopted by a majority of the votes of the total number of deputies of the State Duma unless some other procedure fro adopting a decision is stipulated by the Constitution of the Russian Federation.

 

Art. 104.  The right of legislative initiative is vested in the president of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, and legislative (representative) organs of components of the Russian Federation.  The right of legislative initiative is also vested in the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Superior Court of Arbitration of the Russian Federation in matters under their jurisdiction.

Draft laws are submitted to the State Duma.

Draft laws on the introduction or abolition of taxes, exemption from the payment of taxes, the floating of state loans, the alteration of the financial obligations of the state, and other draft laws envisaging expenditure funded out of the state budget can be submitted only when the government's findings are known.

 

Art. 105.  Federal laws are adopted by the State Duma.

Federal laws are adopted by a majority of the votes of the total number of deputies of the State Duma unless otherwise stipulated by the Constitution of the Russian Federation.

Federal laws adopted by the State Duma are passed to the Federation Council within five days for examination.

A federal law is deemed to have been approved by the Federation Council if more than half of the total number of members of this chamber have voted for it or if it has not been examined by the Federation Council within 14 days.  In the event of the rejection of a federal law by the Federation Council the chambers may form a conciliation commission to overcome differences which have arisen, after which the federal law is subject to repeat examination by the State Duma.

In the event of disagreement by the State Duma with a decision of the Federation Council, a federal law is deemed to have been adopted if at least two-thirds of the total number of deputies of the State Duma vote for it in a repeat vote.

 

Art. 106.  Federal laws adopted by the State Duma are subject to compulsory examination in the Federation Council when they concern questions of:

a) the federal budget;

b) federal taxes and levies;

c) financial, foreign currency, credit, and customs regulations and monetary emission;

d) the 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.

 

Art. 107.  A federal law that has been adopted is submitted within five days to the president of the Russian Federation for signing and promulgation.

The president of the Russian Federation signs and promulgates the federal law within 14 days.

If the president of the Russian Federation, within 14 days of receiving the federal law, rejects it, the State Duma and the Federation Council reexamine the said law in accordance with the procedure laid down by the Constitution of the Russian Federation.  If, after repeat examination, the federal law is approved by a majority of the votes of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma in the working previously adopted, it is to be signed by the president of the Russian Federation within seven days and promulgated.

 

Art. 108.  Federal constitutional laws are adopted on matters stipulated by the Constitution of the Russian Federation.

A federal constitutional law is deemed to have been adopted if it is approved by a majority of the votes of at least three-fourths of the total number of the Federation Council and at least two-thirds of the total number of deputies of the State Duma.  A federal constitutional law that has been adopted is to be signed by the president of the Russian Federation and promulgated within 14 days.

 

Art. 109.  The State Duma may be dissolved by the president of the Russian Federation in circumstances stipulated in Articles 111 and 117 of the Constitution of the Russian Federation.

In the event of the dissolution of the State Duma, the president of the Russian Federation sets the date of elections so as to ensure that the newly elected State Duma is convened not later than four months from the date of dissolution.

The State Duma may not be dissolved from the moment it files a charge against the president of the Russian Federation, until the adoption of a corresponding decision by the Federation Council.

The State Duma may not be dissolved during the period of operation of a state of martial law or state of emergency on the whole territory of the Russian Federation, or within the six months preceding the expiry of the term of office of the president of the Russian Federation.

 

                          CHAPTER SIX

           THE GOVERNMENT OF THE RUSSIAN FEDERATION

 

Art. 110.  Executive power in the Russian Federation is exercised by the Government of the Russian Federation.

The Government of the Russian Federation consists of the chairman of the Government of the Russian Federation, the deputy chairmen of the Government of the Russian Federation, and the federal ministers.

 

Art. 111.  The chairman of the Government of the Russian Federation is appointed by the president of the Russian Federation with the consent of the State Duma.

A proposal on the candidacy for the chairmanship of the Government of the Russian Federation is submitted not later than two weeks following the entry into office of a newly elected president of the Russian Federation or the resignation of the Government of the Russian Federation or within a week following the rejection of a candidacy by the State Duma.

The State Duma examines the candidacy for the chairmanship of the Government of the Russian Federation submitted by the president of the Russian Federation within a week of the day the candidacy proposal is submitted.

Following three rejects by the State Duma of the candidacies submitted for the chairmanship of the Government of the Russian Federation, the president of the Russian Federation appoints a chairman of the Government of the Russian Federation, dissolves the State Duma, and schedules new elections.

 

Art. 112.  The chairman of the Government of the Russian Federation, not later than one week following his appointment, submits to the president of the Russian Federation proposals on the structure of the federal organs of executive power.

The chairman of the Government of the Russian Federation proposes to the president of the Russian Federation candidacies for the posts of deputy chairman of the Government of the Russian Federation and federal ministers.

 

Art. 113.  The chairman of the Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, federal laws, and edicts of the president of the Russian Federation, defines the basic guidelines for the activity of the Government of the Russian Federation and organizes its work.

 

Art. 114.  The Government of the Russian Federation:

a) drafts the federal budget, submits it to the State Duma, and ensures its implementation; submits to the State Duma a report on the implementation of the federal budget;

b) ensures the implementation of a single fiscal, credit, and monetary policy in the Russian Federation;

c) ensures the implementation of a single state policy in the Russian Federation in the sphere of culture, science, education, health, social security, and ecology;

d) administers federal property;

e) implements measures to ensure the defense of the country, state security, and the realization of the foreign policy of the Russian Federation;

f) implements measures to ensure the rule of law, civil rights and freedoms, the protection of property and public order, and the struggle against crime;

g) exercises other powers vested in it by the Constitution of the Russian Federation, federal laws, and edicts of the president of the Russian Federation.

The procedure for the activity of the Government of the Russian Federation is defined by federal constitutional law.

 

Art. 115.  On the basis of and in implementation of the Constitution of the Russian Federation, federal laws, and normative edicts of the president of the Russian Federation, the Government of the Russian Federation issues decrees and directives and ensures their implementation.

Decrees and directives of the Government of the Russian Federation are mandatory in the Russian Federation.

Decrees and directives of the Government of the Russian Federation, in the event that they are at variance with the Constitution of the Russian Federation, federal laws, or edicts of the president of the Russian Federation, may be rescinded by the president of the Russian Federation.

 

Art. 116.  The Government of the Russian Federation surrenders its powers to a newly elected president of the Russian Federation.

 

Art. 117.  The Government of the Russian Federation may offer its resignation, which is accepted or rejected by the president of the Russian Federation.

The president of the Russian Federation may adopt a decision on the dismissal of the Government of the Russian Federation.

The State Duma may express no confidence in the Government of the Russian Federation.  A decree of no confidence in the Government of the Russian Federation is adopted by a majority of votes of the total number of deputies of the State Duma.   Following an expression of no confidence by the State Duma in the Government of the Russian Federationa, the president of the Russian Federation is entitled to announce the dismissal of the Government of the Russian Federation or to disagree with the decision of the State Duma.  In the event that the State Duma expresses no confidence in the Government of the Russian Federation for a second time within three months, the president of the Russian Federation announces the dismissal of the Government or dissolves the State Duma.

The chairman of the Government of the Russian Federation may submit to the State Duma a motion of confidence in the Government of the Russian Federation.  If the State Duma refuses its confidence, the president adopts a decision within seven days on the dismissal of the Government of the Russian Federation or on the dissolution of the State Duma and the holding of new elections.

In the event of its resignation or the surrender of its powers, the Government of the Russian Federation, on the instruction of the president of the Russian Federation, continues to act until the formation of a new Government of the Russian Federation.

 

                         CHAPTER SEVEN

                      THE JUDICIAL BRANCH

 

Art. 118.  Justice in the Russian Federation is exercised only by the court.

Judicial power is exercised by means of constitutional, civil, administrative, and criminal court proceedings.

The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and by federal constitutional law.  The creation of emergency courts is not permitted.

 

Art. 119.  Citizens of the Russian Federation who have attained the age of 25 and have higher legal education and at least five years experience in the legal profession may be justices.  Additional requirements for justices in the courts of the Russian Federation may be imposed by federal law.

 

Art. 120.  Justices are independent and are subordinate only to the Constitution of the Russian Federation and to federal law.

The court, having determined in the course of examining a case that an enactment of a state organ or other organ is not in accordance with the law, adopts a ruling in accordance with the law.

 

Art. 121.  Justices may not be removed.

A justice's power may not be terminated or suspended except in accordance with the procedure and on the grounds laid down by federal law.

 

Art. 122.  Justices enjoy immunity.

A justice may not be subjected to criminal proceedings except in accordance with the procedure defined by federal law.

 

Art. 123.  The examination of cases in all courts is open.  Hearing a case in closed session is permitted in circumstances stipulated by federal law.

The in absentia examination of criminal cases in the courts is not permitted, except in circumstances stipulated in federal law.

Court proceedings are carried out on the basis of the adversarial system and equal rights of the parties.

In circumstances stipulated in federal law, court proceedings take place with the participation of jurors.

 

Art. 124.  The financing of courts is effected solely from the federal budget, and must ensure the possibility of the complete and independent exercise of justice in accordance with federal law.

 

Art. 125.  The Constitutional Court of the Russian Federation consists of 19 justices.

The Constitutional Court of the Russian Federation on the application of the president of the Russian Federation, the Federation Council, the State Duma, one-fifth of the members of the Federation Council or deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation or the Superior Court of Arbitration of the Russian Federation, or organs of legislative and executive power of the components of the Russian Federation, resolves cases relating to the compliance with the Constitution of the Russian Federation of:

a) federal laws and normative enactments of the president of the Russian Federation, the Federation Council, the State Duma, or the Government of the Russian Federation;

b) the constitutions of republics and the charters of components of the Russian Federation and laws and other normative acts issued by them on matters falling within the jurisdiction of organs of state power of the Russian Federation or the joint jurisdiction of organs of state power of the Russian Federation and organs of state power of the components of the Russian Federation;

c) treaties between organs of state power of the Russian Federation and organs of state power of components of the Russian Federation, and treaties between organs of state power of the components of the Russian Federation;

d) international treaties of the Russian Federation that have not entered into force.

The Constitutional Court of the Russian Federation resolves disputes over areas of jurisdiction:

a) between federal organs of state power;

b) between organs of state power of the Russian Federation and organs of state power of components of the Russian Federation;

c) between the highest state organs of the components of the Russian Federation.

The Constitutional Court of the Russian Federation on the basis of complaints regarding the violation of citizens' constitutional rights and freedoms and at the request of justices, examines the constitutionality of the law that has been applied or is applicable in the specific case, in accordance with the procedure laid down by federal law.

The Constitutional Court of the Russian Federation on the application of the president of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, or the organs of legislative power of components of the Russian Federation, provides an interpretation of the Constitution of the Russian Federation.

Enactments or individual clauses that are deemed unconstitutional lose their force; international treaties of the Russian Federation that are not compatible with the Constitution of the Russian Federation are not valid for entry into force or application.

The Constitutional Court of the Russian Federation, on application of the Federation Council, issues a ruling on whether the presentation of a charge against the president of the Russian Federation of treason or the commission of some other grave crime complies with established procedure.

Art. 126.  The Supreme Court of the Russian Federation is the highest judicial organ for civil, criminal, administrative, or other cases under the jurisdiction of the courts of general jurisdiction, exercises judicial oversight over their activity within the procedural forms laid down by federal law, and provides clarification on questions of judicial practice.

 

Art. 127.  The Superior Court of Arbitration of the Russian Federation is the highest judicial organ for the resolution of economic disputes and other cases examined by the courts of arbitration, exercises judicial oversight over their activity within the procedural forms laid down by federal law, and provides clarification on questions of judicial practice.

 

Art. 128.  Justices of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Superior Court of Arbitration of the Russian Federation are appointed by the Federation Council on the submission of the president of the Russian Federation.

Justices of other federal courts are appointed by the president of the Russian Federation in accordance with the procedure laid down by federal law.

The powers and the procedure for the formation and activity of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Superior Court of Arbitration of the Russian Federation, and other federal courts are laid down by federal constitutional law.

 

Art. 129.  The Russian Federation Prosecutor's Office is a single centralized system in which lower-level prosecutors are subordinate to higher-level prosecutors and to the general prosecutor of the Russian Federation.

The general prosecutor of the Russian Federation is appointed and released from office by the Federation Council on the submission of the president of the Russian Federation.

The prosecutors of components of the Russian Federation are appointed by the general prosecutor of the Russian Federation by agreement with the Federation components.

Other prosecutors are appointed by the general prosecutor of the Russian Federation.

The powers and the organization and procedure of activity of the Russian Federation Prosecutor's Office are defined by federal law.

 

                         CHAPTER EIGHT

                     LOCAL SELF-GOVERNMENT

 

Art. 130.  Local self-government in the Russian Federation ensures that the population autonomously resolves questions of local importance and the ownership, utilization, and disposal of municipal property.

Local self-government is exercised by citizens by means of referendums, elections, and other forms of direct expression of will and through elected and other organs of local self-government.

 

Art. 131.  Local self-government in urban and rural settlements and other territories is exercised with due consideration for historical and other local traditions.  The structure of local self-government organs is autonomously determined by the population.

Changes to the borders of territories where local self-government is exercised are permitted with due consideration for the opinion of the population of the relevant territories.

 

Art. 132.  Organs of local self-government autonomously manage municipal property, formulate, approve, and implement the local budget, levy local taxes and duties, implement the protection of public order, and also resolve other questions of local importance.

Individual state powers can be vested in organs of local self-government by law, with the transfer of the material and financial resources necessary to exercise them.  The exercise of delegated powers is monitorable by the state.

 

Art. 133.  Local self-government in the Russian Federation is guaranteed by the right to judicial protection, compensation for additional expenditure arising as a result of decisions adopted by organs of state power, and the prohibition of the restriction of the rights of local self-government established by the Constitution of the Russian Federation and federal laws.

 

                         CHAPTER NINE

            CONSTITUTIONAL AMENDMENTS AND REVISION

                      OF THE CONSTITUTION

 

Art. 134.  Proposals to amend or revise provisions of the Constitution of the Russian Federation can be submitted by the president of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, legislative (representative) organs of the components of the president of the Russian Federation, and also by a group comprising at least one-fifth of members of the Federation Council or deputies of the State Duma.

 

Art. 135.  The provisions of Chapters 1, 2, and 9 of the Constitution of the Russian Federation cannot be revised by the Federal Assembly.

If a proposal to revise the provisions of Chapters 1, 2, and 9 of the Constitution of the Russian Federation is supported by a vote of three-fifths of the total number of members of the Federation Council and deputies of the State Duma, in accordance with federal constitutional law, a Constitutional Assembly is convened.

The Constitutional Assembly either confirms the immutability of the Constitution of the Russian Federation or elaborates a draft of a new Constitution of the Russian Federation which is adopted by the Constitutional Assembly by a vote of two-thirds of the total number of its members or is submitted to a nationwide vote.  If a nationwide vote is held, the Constitution of the Russian Federation is considered adopted if votes for it are cast by more than one-half of voters casting their votes, provided that more than one-half of voters have cast their votes.

 

Art. 136.  Amendments to Chapters 3-8 of the Constitution of the Russian Federation are adopted by the procedure envisaged for the adoption of federal constitutional law and come into force after they have been approved by the organs of legislative power of at least two-thirds of the components of the president of the Russian Federation.

 

Art. 137.  Amendments to Article 65 of the Constitution of the Russian Federation, which determines the composition of the of the Russian Federation, are submitted on the basis of federal constitutional law relating to admission to the of the Russian Federation, to the formation of a new component of the Russian Federation within it, and to the alteration of the constitutional-legal status of a component of the Russian Federation.

In the event of changes to the name of a republic, kray, oblast, city of federal significance, autonomous oblast, or autonomous okrug, the new name of the component of the Russian Federation is to be incorporated in Article 65 of the Constitution of the Russian Federation.

 

                          SECTION TWO

            CONCLUDING AND TRANSITIONAL PROVISIONS

 

1. The Constitution of the Russian Federation comes into force on the day of its official publication following the results of a nationwide vote.

The day of the nationwide vote -- 12 December 1993 -- is deemed the day of the adoption of the Constitution of the Russian Federation.

The Constitution (Fundamental Law) of the Russian Federation-Russia, adopted 12 April 1978 with its subsequent amendments and additions, simultaneously ceases to be in force.

In the event of noncompliance with provisions of the Constitution of the Russian Federation of provisions of the Federation Treaty -- The Treaty on the Delimitation of Areas of Responsibility and Powers Between Federal Organs of State Power of the Russian Federation and Organs of State Power of Krays, Oblasts, and the Cities of Moscow and St. Petersburg in the Russian Federation, the Treaty on the Delimitation of Areas of Responsibility and Powers Between the Federal Organs of State Power and the Russian Federation and Organs of State Power of the Autonomous Oblast and Autonomous Okrugs of the Russian Federation, as well as other treaties between federal organs of state power of the Russian Federation and organs of state power of components of the Russian Federation, and treaties between organs of state power of components of the Russian Federation -- the provisions of the Constitution of the Russian Federation will prevail.

 

2. Laws and other legal enactments which were in force on the territory of the Russian Federation prior to the entry into force of the present Constitution are applied to the extent to which they do not contravene the Constitution of the Russian Federation.

 

3. From the day the present Constitution comes into force, the President of the Russian Federation, elected in accordance with the Constitution (Fundamental Law) of the Russian Federation-Russia, exercises the powers laid down by the present Constitution until the expiry of the term for which he was elected.

 

4. From the day the present Constitution comes into force, the Council of Ministers-Government of the Russian Federation acquires the rights, obligations, and responsibilities of the Government of the Russian Federation established by the Constitution of the Russian Federation and is thereafter known as the Government of the Russian Federation.

 

5. Courts in the Russian Federation administer justice in compliance with the powers laid down by the present Constitution.

After the Constitution comes into force, the justices of all courts in the Russian Federation retain their powers until the expiry of the term for which they were elected.  Vacancies are filled according to the procedure established by the present Constitution.

 

6. Pending the entry into force of the federal law laying down the procedure for the hearing of cases by a court with the participation of jurors, the existing procedure for judicial examination of such cases is retained.

The existing procedures for the arrest, holding in custody, and detention of persons suspected of having commited a crime are retained until such time as the criminal procedure legislation in the Russian Federation is brought into line with the provisions of the present Constitution.

 

7. The first Federation Council and the first State Duma are elected for a two-year term.

 

8. The Federation Council will convene for its first sitting on the 30th

day following its election.  The first sitting of the Federation Council will be opened by the President of the Russian Federation.

 

9. A deputy of the first State Duma can simultaneously be a member of the Government of the Russian Federation.  The provisions of the present Constitution on deputies' immunity as regards liability for actions (or inaction) associated with the performance of official duties do not extend to deputies of the State Duma who are members of the Government of the Russian Federation.

Deputies of the first Federation Council perform their duties on a part-time basis.