14th September
Reporter: Sergey A. Belov,
The Chair of the State and Administrative Law, Saint-Petersburg University Law Faculty, professor.

The Constitution of the Russian Federation adopted in 1993 has generated a strong need for change in the Russian legal and political system. During the years since 1993 a new system has been developing. Continuous and sometimes hasty modification of legislation was characteristic of this process.

Widely discussed problems of present day Russian Constitutional and Administrative law concern implementation of the legal principles set by the Constitution of 1993 in Russian legislation, courts and administrative practice.

1. The principle of separation of powers
The separation of powers principle was adopted in Russia in 1992. However, its implementation is still under discussion, even more so, as some state authorities do not belong to any of the three branches under the Constitution of 1993.

The President, with his wide latitude of power, is considered by many to be the key figure in the federal bodies system. Under the Constitution, the President of the Russian Federation “determines the guidelines of the internal and foreign policies of the State.” Some ministries report directly to the President. The President has the right to preside at Government sessions. According to some Russian specialists, these facts signify a deviation from a system of checks and balances and signal a power imbalance in favour of executive power.

Rule-making of executive power is another problem. Traditionally, administrative rule-making plays a great role in Russian legal practice. Often a bureaucratical ruling not only replaces a law but it expands and broadens legal burdens and duties for people.

The questions of the judicial law-making are viewed as a theoretical problem of Russian Constitutional and Administrative law. One of the most critical problems is the recent (new for Russia) phenomenon of the Constitutional Court and its “legal position”, found in court decisions.

2. The process of democracy in Russia
One of the main problems of Russian democracy is how to develop a good system of political parties. Since 2001 the legislation has been transforming the party system. New rules for political parties’ activity were adopted. The federal law of 2001 fixed the minimal number of party members and set some compulsory requirements for their organization. The next step followed in 2005: the mixed (half-majority, half-proportional) electoral system was replaced with a full proportional representation closed lists system, and electoral threshold was increased from 5% to 7%.

Having changed four times since 1993, Russian election legislation now regulates election procedures in detail; it tightly controls money spent in election campaigns, guarantees equality of candidates’ presentations in mass media, and guarantees equality of free access in state-owned media. Special election committees have been created for carrying out the elections. Political parties take part in appointment of these committees.

During last years a number of advisory bodies were created to present public opinion on important decisions made by the state. The best example is the “Public Chamber of the Russian Federation” which was formed in 2005 and consists of famous public figures and members of non-governmental organizations.

3. Human rights
The Russian Federation ratified the European Convention of Human Rights in 1998, having admitted ipso facto the European Court jurisdiction. Unfortunately, the Russian Federation is on of the leaders in the number of complaints filed against it. In 2005 the Russian Federation lost 82 actions.

Often the grounds and bounds of human rights limitation become a subject of discussion. Russia has declared preference to European rather than American standards of human rights defense. However, the limitations of human rights in Russia are more wide-spread than in most of the European states. Terrorism threats have also resulted in additional limitations being posed.

The Russian Criminal Code establishes the death penalty as one form of criminal punishment, but since 1996 no death sentence was executed and since 1999 according to the Constitutional Court, a death sentences could only be awarded if a trial by jury was provided. In practice this means a moratorium on capital punishment.

Criminal procedure and administrative legislation regulating to arrest procedure has been adjusted to democratic standards in 2002. Court defense of private property right is now guaranteed.

There are more than ten Constitutional Court decisions on inadmissibility of different limitation of free choice of residence rights, but some attempts of this type still persist. Residence registration still put obstacles on the realization of some rights and freedoms, contrary to the direct rule of federal law.

In the sphere of social rights the insurance systems has replaced state care. Obligatory insurance in medical services has been being introduced since 1991 and in the pension system since 2001. The most unpopular measure of the Russian Government since 1992 took place in 2004. The so-called “monetization of social privileges” canceled discounts and free services (e.g. in public utilities) for some citizens and compensated the losses with money transfers.

The wave of immigration from the former USSR republics during recent years totals several million people. At the same time, the Government has tried to limit inward immigration during the last 5-6 years. This resulted in the toughening of legislation relating to foreigners staying in Russia and obtaining Russian citizenship. Social tension, growth of national identity followed the increase in immigration especially in big cities.

4. Federalism in Russia
After the collapse of the Soviet Union, a separatist tendency of Russian regions (subjects of the Russian Federation) increased. Violation of personal rights, negation of federal legislation priority, and regional authorities’ corruption were results of this tendency.

After getting over the economical difficulties of 1990s, since 1999, the federal center began the process of building a “vertical power structure”.

During the last few years consolidation of the subjects of the Russian Federation has started. As the number of subjects in the Russian Federation is still the largest in the world (88), the consolidation process will likely continue.

5. Administrative reform
Administrative reform started in July 2003. The declared purposes of the reform were: restrictions of state interference in economic activity, decreasing administrative control of business, and development of self-regulation in the market. The reform implies changing the basic principles of state policy: transferring from the state managing the economy and social organizing (as it used to be in the soviet doctrine) to a state which would provide safety and render services to its citizens.

Today Russian legislation demands changing the technical regulation. State standards (GOSTs), which in the USSR concerned everything from building materials to any kind of food, are to be replaced with technical safety regulations. Under the law adopted in 2005 the number of kinds of economical activity licensed by the state abruptly decreased. Now activity of the state as a participant of the market is the subject to more and more strict limits.

Summing up, we have to acknowledge that the reforms in Russia are going on. In 1990s it was rather a change of rhetoric –communism was replaced by democracy. Now the reforms affect deeper spheres and substantially change the political and legal systems of the country. From the legal point it means the realization of the principles of the Constitution of 1993 in essence.