Does Russian Democracy Have a Future?
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Once that happens, the west should — unlike in — already have a comprehensive plan of action in the drawer. The Kremlin would have to abolish its proxy regimes in Transnistria, Abkhazia, South Ossetia and the Donets Basin as well as reverse the annexation of the Crimean peninsula — the later issue being the thorniest one. Yet it can, should and may even have to be supported from outside, in order to be successful. The west should thus already now announce a comprehensive agenda for a far-going association with, and partial incorporation of, Russia that would go beyond mere restoration of previous cooperation schemes under former Russian Presidents Boris Yeltsin and Medvedev.
Such a plan could be part of a larger package for a novel type of partnership that would link a withdrawal of Russian regular troops and irregular units agents, mercenaries, volunteers, adventurers et al. Depending on whether the Eurasian Economic Union EEU survives or not, the EU could propose either the Russian state alone or all members of the EEU a number of partial integration schemes that would include them into a Wider Europe and let them participate to one degree or another in western political processes as well as non-political life.
In particular, modified versions of the Visa Liberalisation Action Plans and Association Agreements that the EU has been implementing, over the last years, with Ukraine, Georgia and Moldova could be also offered to Russia and its current allies. The US could consider to offer Russia, after adequate preparation, an inclusion in its visa waiver program, and Electronic System of Travel Authorisation. It would thereby address a major point in the critique regarding the current integration into the EU of the associated Eastern Partnership economies — namely, that they are being thereby gradually disconnected from their traditional markets and partners in the former Soviet Union.
Russian troops take the Ukrainian military base at Perevalne, Crimea. The geopolitically most far-reaching proposition that Brussels and Washington should make to Moscow is to jointly start implementing a Membership Action Plan leading Russia towards an accession to NATO as a full member state. It would, second, erase the Russian-western quarrel around previous NATO enlargements and the possible accession of further post-Soviet countries to the Alliance.
Within such a scheme, some of the currently illegal Russian troops and agencies on Georgian and Ukrainian soil may be even able to remain in the previously formally or informally occupied territories of Ukraine and Georgia. But the geopolitical constellation of the post-Soviet space has become unusually complicated. It may be impossible to overcome them without trying to develop and implement some unheard-of plan. Developing this kind of plan today would provide an instrument to promote such a post-Putinist change itself. Its current partnering with China, Turkey and other non-western powers will remain of a limited nature as it will only occasionally lead to win-win situations.
The continuing integration of Ukraine and other post-Soviet republics into the west will become an increasingly attractive role model for Russia. We encourage anyone to comment, please consult the oD commenting guidelines if you have any questions. We work with activists, journalists and researchers to investigate issues left behind by the mainstream press.
If you want to contribute, please read our brief guidelines. We publish high-quality investigative reporting and analysis; we train and mentor journalists and wider civil society; we publish in Russian, Arabic, Spanish and Portuguese and English. Preparing for and working towards a democratic Russia Andreas Umland 28 December How the west should prepare and promote a different future for Russia.
How we lost Russia In , the sudden collapse of the Soviet Union opened an unexpected window of opportunity for the creation of a comprehensive, cooperative and stable European security and economic order. With Putin likely to start his gradual departure from politics already in , if not earlier, the stakes of this profound change will be higher than the transfer of the presidency to Medvedev in Not only could a re-democratising and post-imperial Russia re-enter the G7 turning it into the G8 again, reset its Strategic and Modernisation Partnerships with the EU, reestablish its joint council with NATO, and resume its OECD accession negotiations interrupted in If you have any queries about republishing please contact us.
Please check individual images for licensing details. View the discussion thread. RU How Russia pretends to be a normal member of the international community By Anton Shekhovtsov When it comes to promoting its influence abroad, the Russian state relies on mimicry and imitation.
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Sections openDemocracy Free thinking for the world. DemocraciaAbierta Global platform for Latin American voices. Transformation Where love meets social justice. Most popular Labour's Brexit trilemma: Writers silenced by surveillance: Brexit and the British constitution: In late September , Yeltsin responded to the impasse in legislative-executive relations by repeating his announcement of a constitutional referendum, but this time he followed the announcement by dissolving the parliament and announcing new legislative elections for December see Russian constitutional crisis of On 27 September, military units surrounded the legislative building popularly known as the White House - Russian: After a two-week standoff, Rutskoy urged supporters outside the legislative building to overcome Yeltsin's military forces.
Firefights and destruction of property resulted at several locations in Moscow. The next day, on 3 October, Yeltsin chose a radical solution to settle his dispute with parliament: Under the direction of Minister of Defense Pavel Grachev , tanks fired on the White House, and military forces occupied the building and the rest of the city. As Yeltsin was taking the unconstitutional step of dissolving the legislature, Russia came the closest to serious civil conflict since the revolution of This open, violent confrontation remained a backdrop to Yeltsin's relations with the legislative branch for the next three years.
During Yeltsin had argued that the existing, heavily amended constitution of Russia was obsolete and self-contradictory and that Russia required a new constitution granting the president greater power. This assertion led to the submission and advocacy of rival constitutional drafts drawn up by the legislative and executive branches.
The parliament's failure to endorse a compromise was an important factor in Yeltsin's dissolution of that body in September Yeltsin then used his presidential powers to form a sympathetic constitutional assembly, which quickly produced a draft constitution providing for a strong executive, and to shape the outcome of the December referendum on Russia's new basic law.
The turnout requirement for the referendum was changed from 50 percent of the electorate to simply 50 percent of participating voters. The referendum vote resulted in approval by The constitution declares Russia a democratic, federative, law-based state with a republican form of government. State power is divided among the legislative, executive, and judicial branches. Diversity of ideologies and religions is sanctioned, and a state or compulsory ideology may not be adopted.
Progressively, however, human rights violations in connection with religious groups labeled "extremist" by the government have been increasingly frequent. The right to a multiparty political system is upheld. The content of laws must be approved by the public before they take effect, and they must be formulated in accordance with international law and principles.
Russian is proclaimed the state language, although the republics of the federation are allowed to establish their own state. The constitution created a dual executive consisting of a president and prime minister, but the president is the dominant figure.
Politics of Russia
Russia's strong presidency sometimes is compared with that of Charles de Gaulle in office in the French Fifth Republic. The constitution spells out many prerogatives specifically, but some powers enjoyed by Yeltsin were developed in an ad hoc manner. Russia's president determines the basic direction of Russia's domestic and foreign policy and represents the Russian state within the country and in foreign affairs.
The president appoints and recalls Russia's ambassadors upon consultation with the legislature, accepts the credentials and letters of recall of foreign representatives, conducts international talks, and signs international treaties. A special provision allowed Yeltsin to complete the term prescribed to end in June and to exercise the powers of the new constitution, although he had been elected under a different constitutional order. In the presidential election campaign, some candidates called for eliminating the presidency, criticizing its powers as dictatorial. Yeltsin defended his presidential powers, claiming that Russians desire "a vertical power structure and a strong hand" and that a parliamentary government would result in indecisive talk rather than action.
The president has broad authority to issue decrees and directives that have the force of law without judicial review , although the constitution notes that they must not contravene that document or other laws. Under certain conditions, the president may dissolve the State Duma , the lower house of parliament, the Federal Assembly. The president has the prerogatives of scheduling referendums a power previously reserved to the parliament , submitting draft laws to the State Duma, and promulgating federal laws. The executive-legislative crisis of the fall of prompted Yeltsin to emplace constitutional obstacles to legislative removal of the president.
Under the constitution, if the president commits "grave crimes" or treason, the State Duma may file impeachment charges with the parliament's upper house, the Federation Council. These charges must be confirmed by a ruling of the Supreme Court that the president's actions constitute a crime and by a ruling of the Constitutional Court that proper procedures in filing charges have been followed. The charges then must be adopted by a special commission of the State Duma and confirmed by at least two-thirds of State Duma deputies. A two-thirds vote of the Federation Council is required for removal of the president.
If the Federation Council does not act within three months, the charges are dropped. If the president is removed from office or becomes unable to exercise power because of serious illness, the prime minister is to temporarily assume the president's duties; a presidential election then must be held within three months. The constitution does not provide for a vice president, and there is no specific procedure for determining whether the president is able to carry out his duties.
The president is empowered to appoint the prime minister to chair the Government called the cabinet or the council of ministers in other countries , with the consent of the State Duma. The president chairs meetings of the Government, which he also may dismiss in its entirety. Upon the advice of the prime minister, the president can appoint or remove Government members, including the deputy prime ministers. In addition, the president submits candidates to the Federation Council for appointment as justices of the Constitutional Court, the Supreme Court, and the Superior Court of Arbitration, as well as candidates for the office of procurator general, Russia's chief law enforcement officer.
The president also appoints justices of federal district courts. Many of the president's powers are related to the incumbent's undisputed leeway in forming an administration and hiring staff. The presidential administration is composed of several competing, overlapping, and vaguely delineated hierarchies that historically have resisted efforts at consolidation.
In early , Russian sources reported the size of the presidential apparatus in Moscow and the localities at more than 75, people, most of them employees of state-owned enterprises directly under presidential control. Former first deputy prime minister Anatoly Chubais was appointed chief of the presidential administration chief of staff in July Yegorov had been appointed in early , when Yeltsin reacted to the strong showing of antireform factions in the legislative election by purging reformers from his administration.
Yeltsin now ordered Chubais, who had been included in that purge, to reduce the size of the administration and the number of departments overseeing the functions of the ministerial apparatus. The six administrative departments in existence at that time dealt with citizens' rights, domestic and foreign policy, state and legal matters, personnel, analysis, and oversight, and Chubais inherited a staff estimated at 2, employees. Chubais also received control over a presidential advisory group with input on the economy, national security, and other matters.
Reportedly that group had competed with Korzhakov's security service for influence in the Yeltsin administration. Another center of power in the presidential administration is the Security Council, which was created by statute in mid The constitution describes the council as formed and headed by the president and governed by statute.
Since its formation, it apparently has gradually lost influence in competition with other power centers in the presidential administration. However, the June appointment of former army general and presidential candidate Alexander Lebed to head the Security Council improved prospects for the organization's standing. In July , a presidential decree assigned the Security Council a wide variety of new missions. The decree's description of the Security Council's consultative functions was especially vague and wide-ranging, although it positioned the head of the Security Council directly subordinate to the president.
As had been the case previously, the Security Council was required to hold meetings at least once a month.
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Other presidential support services include the Control Directorate in charge of investigating official corruption , the Administrative Affairs Directorate, the Presidential Press Service, and the Protocol Directorate. The Administrative Affairs Directorate controls state dachas , sanatoriums, automobiles, office buildings, and other perquisites of high office for the executive, legislative, and judicial branches of government, a function that includes management of more than state industries with about 50, employees.
The Committee on Operational Questions, until June chaired by antireformist Oleg Soskovets , has been described as a "government within a government". Also attached to the presidency are more than two dozen consultative commissions and extrabudgetary "funds". The president also has extensive powers over military policy. As the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation of the armed forces, the president approves defense doctrine, appoints and removes the high command of the armed forces, and confers higher military ranks and awards.
The president is empowered to declare national or regional states of martial law , as well as state of emergency. In both cases, both houses of the parliament must be notified immediately. The Federation Council, the upper house , has the power to confirm or reject such a decree.
The regime of martial law is defined by federal law "On Martial law", signed into law by president Vladimir Putin in The circumstances and procedures for the president to declare a state of emergency are more specifically outlined in federal law than in the constitution. In practice, the Constitutional Court ruled in that the president has wide leeway in responding to crises within Russia, such as lawlessness in the separatist Republic of Chechnya , and that Yeltsin's action in Chechnya did not require a formal declaration of a state of emergency. In Yeltsin declared a state of emergency in Ingushetia and North Ossetia , two republics beset by intermittent ethnic conflict.
The constitution sets few requirements for presidential elections, deferring in many matters to other provisions established by law. The presidential term is set at six years, and the president may only serve two consecutive terms. A candidate for president must be a citizen of Russia, at least 35 years of age, and a resident of the country for at least ten years. If a president becomes unable to continue in office because of health problems, resignation, impeachment, or death, a presidential election is to be held not more than three months later.
In such a situation, the Federation Council is empowered to set the election date. The Law on Presidential Elections , ratified in May , establishes the legal basis for presidential elections. The law, which set rigorous standards for fair campaign and election procedures, was hailed by international analysts as a major step toward democratization. Under the law, parties, blocs, and voters' groups register with the Central Electoral Commission of Russia CEC and designate their candidates.
The purpose of the 7 percent requirement is to promote candidacies with broad territorial bases and eliminate those supported by only one city or ethnic enclave. The law required that at least 50 percent of eligible voters participate in order for a presidential election to be valid. In State Duma debate over the legislation, some deputies had advocated a minimum of 25 percent which was later incorporated into the electoral law covering the State Duma , warning that many Russians were disillusioned with voting and would not turn out.
To make voter participation more appealing, the law required one voting precinct for approximately every 3, voters, with voting allowed until late at night. The conditions for absentee voting were eased, and portable ballot boxes were to be made available on demand. Strict requirements were established for the presence of election observers, including emissaries from all participating parties, blocs, and groups, at polling places and local electoral commissions to guard against tampering and to ensure proper tabulation.
The Law on Presidential Elections requires that the winner receive more than 50 percent of the votes cast. If no candidate receives more than 50 percent of the vote a highly probable result because of multiple candidacies , the top two vote-getters must face each other in a runoff election. Once the results of the first round are known, the runoff election must be held within fifteen days. A traditional provision allows voters to check off "none of the above," meaning that a candidate in a two-person runoff might win without attaining a majority.
Another provision of the election law empowers the CEC to request that the Supreme Court ban a candidate from the election if that candidate advocates a violent transformation of the constitutional order or the integrity of the Russian Federation. The presidential election of was a major episode in the struggle between Yeltsin and the Communist Party of the Russian Federation KPRF , which sought to oust Yeltsin from office and return to power. Yeltsin had banned the Communist Party of the Russian Republic for its central role in the August coup against the Gorbachev government.
As a member of the Politburo and the Secretariat of the banned party, Gennady Zyuganov had worked hard to gain its relegalization. Yeltsin temporarily banned the party again in October for its role in the Supreme Soviet's just-concluded attempt to overthrow his administration. After the KPRF's triumph in the December legislative elections, Yeltsin announced that he would run for reelection with the main purpose of safeguarding Russia from a communist restoration.
Although there was speculation that losing parties in the December election might choose not to nominate presidential candidates, in fact dozens of citizens both prominent and obscure announced their candidacies. After the gathering and review of signature lists, the CEC validated eleven candidates, one of whom later dropped out. In the opinion polls of early , Yeltsin trailed far behind most of the other candidates; his popularity rating was below 10 percent for a prolonged period. However, a last-minute, intense campaign featuring heavy television exposure, speeches throughout Russia promising increased state expenditures for a wide variety of interest groups, and campaign-sponsored concerts boosted Yeltsin to a 3 percent plurality over Zyuganov in the first round.
The election campaign was largely sponsored by wealthy tycoons, for whom Yeltsin remaining at power was the key to protect their property acquired during the reforms of After the first election round, Yeltsin took the tactically significant step of appointing first-round presidential candidate Aleksandr Lebed, who had placed third behind Yeltsin and Zyuganov, as head of the Security Council.
Yeltsin followed the appointment of Lebed as the president's top adviser on national security by dismissing several top hard-line members of his entourage who were widely blamed for human rights violations in Chechnya and other mistakes. Despite his virtual disappearance from public view for health reasons shortly thereafter, Yeltsin was able to sustain his central message that Russia should move forward rather than return to its communist past.
Zyuganov failed to mount an energetic or convincing second campaign, and three weeks after the first phase of the election, Yeltsin easily defeated his opponent, 54 percent to 40 percent. Turnout in the first round was high, with about 70 percent of Total turnout in the second round was nearly the same as in the first round. A contingent of almost 1, international observers judged the election to be largely fair and democratic, as did the CEC. Most observers in Russia and elsewhere concurred that the election boosted democratization in Russia, and many asserted that reforms in Russia had become irreversible.
Yeltsin had strengthened the institution of regularly contested elections when he rejected calls by business organizations and other groups and some of his own officials to cancel or postpone the balloting because of the threat of violence. The high turnout indicated that voters had confidence that their ballots would count, and the election went forward without incident. The democratization process also was bolstered by Yeltsin's willingness to change key personnel and policies in response to public protests and by his unprecedented series of personal campaign appearances throughout Russia.
The constitution prescribes that the Government of Russia, which corresponds to the Western cabinet structure, consist of a prime minister chairman of the Government , deputy prime ministers, and federal ministers and their ministries and departments. Within one week of appointment by the president and approval by the State Duma, the prime minister must submit to the president nominations for all subordinate Government positions, including deputy prime ministers and federal ministers. The prime minister carries out administration in line with the constitution and laws and presidential decrees.
The ministries of the Government, which numbered 24 in mid, execute credit and monetary policies and defense, foreign policy , and state security functions; ensure the rule of law and respect for human and civil rights; protect property; and take measures against crime. If the Government issues implementing decrees and directives that are at odds with legislation or presidential decrees, the president may rescind them. The Government formulates the federal budget , submits it to the State Duma, and issues a report on its implementation. In late , the parliament successfully demanded that the Government begin submitting quarterly reports on budget expenditures and adhere to other guidelines on budgetary matters, although the parliament's budgetary powers are limited.
If the State Duma rejects a draft budget from the Government, the budget is submitted to a conciliation commission including members from both branches. Besides the ministries, in the executive branch included eleven state committees and 46 state services and agencies, ranging from the State Space Agency Glavkosmos to the State Committee for Statistics Goskomstat. There were also myriad agencies, boards, centers, councils, commissions, and committees. Prime Minister Viktor Chernomyrdin's personal staff was reported to number about 2, in Chernomyrdin, who had been appointed prime minister in late to appease antireform factions, established a generally smooth working relationship with Yeltsin.
Chernomyrdin proved adept at conciliating hostile domestic factions and at presenting a positive image of Russia in negotiations with other nations.
However, as Yeltsin's standing with public opinion plummeted in , Chernomyrdin became one of many Government officials who received public blame from the president for failures in the Yeltsin administration. As part of his presidential campaign, Yeltsin threatened to replace the Chernomyrdin Government if it failed to address pressing social welfare problems in Russia.
After the mid presidential election, however, Yeltsin announced that he would nominate Chernomyrdin to head the new Government. The member parliament, termed the Federal Assembly , consists of two houses , the member State Duma the lower house and the member Federation Council the upper house. Russia's legislative body was established by the constitution approved in the December referendum. The first elections to the Federal Assembly were held at the same time—a procedure criticized by some Russians as indicative of Yeltsin's lack of respect for constitutional niceties.
Under the constitution, the deputies elected in December were termed "transitional" because they were to serve only a two-year term. In April , legislators, Government officials, and many prominent businesspeople and religious leaders signed a "Civic Accord" proposed by Yeltsin, pledging during the two-year "transition period" to refrain from violence, calls for early presidential or legislative elections, and attempts to amend the constitution.
This accord, and memories of the violent confrontation of the previous parliament with Government forces, had some effect in softening political rhetoric during the next two years. The first legislative elections under the new constitution included a few irregularities. The republics of Tatarstan and Chechnya and Chelyabinsk Oblast boycotted the voting; this action, along with other discrepancies, resulted in the election of only members to the Federation Council.
However, by mid all seats were filled except those of Chechnya, which continued to proclaim its independence. All federal jurisdictions participated in the December legislative elections, although the fairness of voting in Chechnya was compromised by the ongoing conflict there.
How we lost Russia
The Federal Assembly is prescribed as a permanently functioning body, meaning that it is in continuous session except for a regular break between the spring and fall sessions. This working schedule distinguishes the new parliament from Soviet-era "rubber-stamp" legislative bodies, which met only a few days each year. The new constitution also directs that the two houses meet separately in sessions open to the public, although joint meetings are held for important speeches by the president or foreign leaders.
Deputies of the State Duma work full-time on their legislative duties; they are not allowed to serve simultaneously in local legislatures or hold Government positions. A transitional clause in the constitution, however, allowed deputies elected in December to retain their Government employment, a provision that allowed many officials of the Yeltsin administration to serve in the parliament. After the December legislative elections, nineteen Government officials were forced to resign their offices in order to take up their legislative duties.
Despite its "transitional" nature, the Federal Assembly of approved about pieces of legislation in two years. When the new parliament convened in January , deputies were provided with a catalog of these laws and were directed to work in their assigned committees to fill gaps in existing legislation as well as to draft new laws. A major accomplishment of the legislative sessions was passage of the first two parts of a new civil code , desperately needed to update antiquated Soviet-era provisions.
The new code included provisions on contract obligations, rents , insurance , loans and credit , partnership, and trusteeship , as well as other legal standards essential to support the creation of a market economy. Work on several bills that had been in committee or in floor debate in the previous legislature resumed in the new body. Similarly, several bills that Yeltsin had vetoed were taken up again by the new legislature.
The composition of the Federation Council was a matter of debate until shortly before the elections. The legislation that emerged in December over Federation Council objections clarified the constitution's language on the subject by providing ex officio council seats to the heads of local legislatures and administrations in each of the eighty-nine subnational jurisdictions, hence a total of seats. As composed in , the Federation Council included about fifty chief executives of subnational jurisdictions who had been appointed to their posts by Yeltsin during , then won popular election directly to the body in December But the law of provided for popular elections of chief executives in all subnational jurisdictions, including those still governed by presidential appointees.
The individuals chosen in those elections then would assume ex officio seats in the Federation Council. Each house elects a chairman to control the internal procedures of the house. The houses also form Parliamentary committees and commissions to deal with particular types of issues. Unlike committees and commissions in previous Russian and Soviet parliaments, those operating under the constitution have significant responsibilities in devising legislation and conducting oversight. They prepare and evaluate draft laws, report on draft laws to their houses, conduct hearings, and oversee implementation of the laws.
As of early , there were twenty-eight committees and several ad hoc commissions in the State Duma, and twelve committees and two commissions in the Federation Council. The Federation Council has established fewer committees because of the part-time status of its members, who also hold political office in the subnational jurisdictions. In most of the committees in both houses were retained in basic form from the previous parliament. According to internal procedure, no deputy may sit on more than one committee.
By many State Duma committees had established subcommittees. Committee positions are allocated when new parliaments are seated. The general policy calls for allocation of committee chairmanships and memberships among parties and factions roughly in proportion to the size of their representation. In , however, Vladimir Zhirinovsky 's Liberal Democratic Party of Russia Liberal'no-demokraticheskaya partiya Rossii—LDPR , which had won the second largest number of seats in the recent election, was denied all but one key chairmanship, that of the State Duma's Committee on Geopolitics.
The two chambers of the Federal Assembly possess different powers and responsibilities, with the State Duma the more powerful. The Federation Council, as its name and composition implies, deals primarily with issues of concern to the subnational jurisdictions, such as adjustments to internal borders and decrees of the president establishing martial law or states of emergency. As the upper chamber, it also has responsibilities in confirming and removing the procurator general and confirming justices of the Constitutional Court, the Supreme Court, and the Superior Court of Arbitration, upon the recommendation of the president.
The Federation Council also is entrusted with the final decision if the State Duma recommends removing the president from office. The constitution also directs that the Federation Council examine bills passed by the lower chamber dealing with budgetary , tax , and other fiscal measures, as well as issues dealing with war and peace and with treaty ratification. In the consideration and disposition of most legislative matters, however, the Federation Council has less power than the State Duma.
All bills, even those proposed by the Federation Council, must first be considered by the State Duma. If the Federation Council rejects a bill passed by the State Duma, the two chambers may form a conciliation commission to work out a compromise version of the legislation. The State Duma then votes on the compromise bill. If the State Duma objects to the proposals of the upper chamber in the conciliation process, it may vote by a two-thirds majority to send its version to the president for signature.
Because the Federation Council initially included many regional administrators appointed by Yeltsin, that body often supported the president and objected to bills approved by the State Duma, which had more anti-Yeltsin deputies. The power of the upper house to consider bills passed by the lower chamber resulted in its disapproval of about one-half of such bills, necessitating concessions by the State Duma or votes to override upper-chamber objections.
In February , the heads of the two chambers pledged to try to break this habit, but wrangling appeared to intensify in the months that followed. The State Duma confirms the appointment of the prime minister , although it does not have the power to confirm Government ministers.
The power to confirm or reject the prime minister is severely limited. According to the constitution, the State Duma must decide within one week to confirm or reject a candidate once the president has placed that person's name in nomination. If it rejects three candidates, the president is empowered to appoint a prime minister, dissolve the parliament, and schedule new legislative elections.
The State Duma's power to force the resignation of the Government also is severely limited. It may express a vote of no-confidence in the Government by a majority vote of all members of the State Duma, but the president is allowed to disregard this vote. If, however, the State Duma repeats the no-confidence vote within three months, the president may dismiss the Government. But the likelihood of a second no-confidence vote is virtually precluded by the constitutional provision allowing the president to dissolve the State Duma rather than the Government in such a situation.
The Government's position is further buttressed by another constitutional provision that allows the Government at any time to demand a vote of confidence from the State Duma; refusal is grounds for the president to dissolve the Duma. The legislative process [1] in Russia includes three hearings in the State Duma, then approvals by the Federation Council , the upper house and sign into law by the President.
Draft laws may originate in either legislative chamber, or they may be submitted by the president, the Government, local legislatures and the Supreme Court, the Constitutional Court, or the Superior Court of Arbitration within their respective competences. Draft laws are first considered in the State Duma. Upon adoption by a majority of the full State Duma membership, a draft law is considered by the Federation Council, which has fourteen days to place the bill on its calendar. Conciliation commissions are the prescribed procedure to work out differences in bills considered by both chambers.
A constitutional provision dictating that draft laws dealing with revenues and expenditures may be considered "only when the Government's findings are known" substantially limits the Federal Assembly's control of state finances.
Politics of Russia - Wikipedia
However, the legislature may alter finance legislation submitted by the Government at a later time, a power that provides a degree of traditional legislative control over the purse. The two chambers of the legislature also have the power to override a presidential veto of legislation. The constitution requires at least a two-thirds vote of the total number of members of both chambers. The district courts are the primary criminal trial courts , and the regional courts are the primary appellate courts.
The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges , and its management is aided by the Judicial Department of the Supreme Court, the Judicial Qualification Collegia , the Ministry of Justice , and the various courts' chairpersons. There are many officers of the court , including jurors , but the Prosecutor General remains the most powerful component of the Russian judicial system. Many judges appointed by the regimes of Leonid Brezhnev in office and Yuri Andropov in office remained in place in the mids. Such arbiters were trained in " socialist law " and had become accustomed to basing their verdicts on telephone calls from local CPSU bosses rather than on the legal merits of cases.
For court infrastructure and financial support, judges must depend on the Ministry of Justice , and for housing they must depend on local authorities in the jurisdiction where they sit. These circumstances, combined with irregularities in the appointment process and the continued strong position of the procurators, deprived judges in the lower jurisdictions of independent authority.
Numerous matters which are dealt with by administrative authority in European countries remain subject to political influence in Russia. The Constitutional Court of Russia was reconvened in March following its suspension by President Yeltsin during the October constitutional crisis. The constitution empowers the court to arbitrate disputes between the executive and legislative branches and between Moscow and the regional and local governments.
The court also is authorized to rule on violations of constitutional rights , to examine appeals from various bodies, and to participate in impeachment proceedings against the president. The July Law on the Constitutional Court prohibits the court from examining cases on its own initiative and limits the scope of issues the court can hear. These reforms help make the Russian judicial system more compatible with its Western counterparts and are seen by most as an accomplishment in human rights.
The reforms have reintroduced jury trials in certain criminal cases and created a more adversarial system of criminal trials that protect the rights of defendants more adequately. Another significant advance in the new Code is the transfer from the Procuracy to the courts of the authority to issue search and arrest warrants. In the Soviet period, some of Russia's approximately nationalities were granted their own ethnic enclaves, to which varying formal federal rights were attached. Other smaller or more dispersed nationalities did not receive such recognition.
In most of these enclaves, ethnic Russians constituted a majority of the population, although the titular nationalities usually enjoyed disproportionate representation in local government bodies. Relations between the central government and the subordinate jurisdictions, and among those jurisdictions, became a political issue in the s. The Russian Federation has made few changes in the Soviet pattern of regional jurisdictions.
The constitution establishes a federal government and enumerates eighty-nine subnational jurisdictions, including twenty-one ethnic enclaves with the status of republics.