Russlands Grunnlov
THE CONSTITUTION OF THE RUSSIAN FEDERATION
We, the multinational people
of the Russian Federation,
united by a common fate on our land,
establishing human rights and freedoms, civic peace and
accord,
preserving the historically established state unity,
proceeding from the universally recognized principles of equality
and self-determination of peoples,
revering the memory of ancestors who have conveyed to us the love
for the Fatherland, belief in the good and justice,
reviving the sovereign statehood of Russia and asserting the
firmness of its democratic basic,
striving to ensure the well-being and prosperity of Russia,
proceeding from the responsibility for our Fatherland before the
present and future generations,
recognizing ourselves as part of the world community,
adopt the
CONSTITUTION OF THE RUSSIAN FEDERATION
FIRST SECTION
CHAPTER 1. THE FUNDAMENTALS OF THE
CONSTITUTIONAL SYSTEM
Article 1
The Russian Federation - Russia is a democratic
federal law-bound State with a republican form of government.
The names "Russian Federation" and "Russia" shall be equal.
Article 2
Man, his rights and freedoms are the supreme
value. The recognition, observance and protection of the rights and
freedoms of man and citizen shall be the obligation of the
State.
Article 3
1. The bearer of sovereignty and the only source
of power in the Russian Federation shall be its multinational
people.
2. The people shall exercise their power directly, and also
through the bodies of state power and local self-government.
3. The supreme direct expression of the power of the people shall
be referenda and free elections.
4. No one may usurp power in the Russian Federation. Seizure of
power or usurping state authority shall be prosecuted by federal
law.
Article 4
1. The sovereignty of the Russian Federation
shall cover the whole of its territory.
2. The Constitution of the Russian Federation and federal laws
shall have supremacy in the whole territory of the Russian
Federation.
3. The Russian Federation shall ensure the integrity and
inviolability of its territory.
Article 5
1. The Russian Federation consists of Republics,
territories, regions, cities of federal importance, an autonomous
region and autonomous areas - equal subjects of the Russian
Federation.
2. The Republic (State) shall have its own constitution and
legislation. The territory, region, city of federal importance,
autonomous region and autonomous area shall have its charter and
legislation.
3. The federal structure of the Russian Federation is based on its
state integrity, the unity of the system of state authority, the
division of subjects of authority and powers between the bodies of
state power of the Russian Federation and bodies of state power of
the subjects of the Russian Federation, the equality and
self-determination of peoples in the Russian Federation.
4. In relations with federal bodies of state authority all the
subjects of the Russian Federation shall be equal among
themselves.
Article 6
1. The citizenship of the Russian Federation
shall be acquired and terminated according to federal law; it shall
be one and equal, irrespective of the grounds of acquisition.
2. Every citizen of the Russian Federation shall enjoy in its
territory all the rights and freedoms and bear equal duties
provided for by the Constitution of the Russian Federation.
3. A citizen of the Russian Federation may be deprived of his or
her citizenship or of the right to change it.
Article 7
1. The Russian Federation is a social State
whose policy is aimed at creating conditions for a worthy life and
a free development of man.
2. In the Russian Federation the labour and health of people shall
be protected, a guaranteed minimum wages and salaries shall be
established, state support ensured to the family, maternity,
paternity and childhood, to disabled persons and the elderly, the
system of social services developed, state pensions, allowances and
other social security guarantees shall be established.
Article 8
1. In the Russian Federation guarantees shall be
provided for the integrity of economic space, a free flow of goods,
services and financial resources, support for competition, and the
freedom of economic activity.
2. In the Russian Federation recognition and equal protection
shall be given to the private, state, municipal and other forms of
ownership.
Article 9
1. Land and other natural resources shall be
utilized and protected in the Russian Federation as the basis of
life and activity of the people living in corresponding
territories.
2. Land and other natural resources may be in private, state,
municipal and other forms of ownership.
Article 10
The state power in the Russian Federation shall
be exercised on the basis of its division into legislative,
executive and judicial power. The bodies of legislative, executive
and judicial power shall be independent.
Article 11
1. The state power in the Russian Federation
shall be exercised by the President of the Russian Federation, the
Federal Assembly (the Council of the Federation and the State
Duma), the Government of the Russian Federation, and the courts of
the Russian Federation.
2. The state power in the subjects of the Russian Federation shall
be exercised by the bodies of state authority created by
them.
3. The division of subjects of authority and power among the
bodies of state power of the Russian Federation and the bodies of
state power of the subjects of the Russian Federation shall be
fixed by the given Constitution, the Federal and other treaties on
the delimitation of the subjects of authority and powers.
Article 12
In the Russian Federation local self-government
shall be recognized and guaranteed. Local self-government shall be
independent within the limits of its authority. The bodies of local
self-government shall not be part of the system of bodies of state
authority.
Article 13
1. In the Russian Federation ideological
diversity shall be recognized.
2. No ideology may be established as state or obligatory
one.
3. In the Russian Federation political diversity and multi-party
system shall be recognized.
4. Public associations shall be equal before the law.
5. The creation and activities of public associations whose aims
and actions are aimed at a forced change of the fundamental
principles of the constitutional system and at violating the
integrity of the Russian Federation, at undermining its security,
at setting up armed units, and at instigating social, racial,
national and religious strife shall be prohibited.
Article 14
1. The Russian Federation is a secular state. No
religion may be established as a state or obligatory one.
2. Religious associations shall be separated from the State and
shall be equal before the law.
Article 15
1. The Constitution of the Russian Federation
shall have the supreme juridical force, direct action and shall be
used on the whole territory of the Russian Federation. Laws and
other legal acts adopted in the Russian Federation shall not
contradict the Constitution of the Russian Federation.
2. The bodies of state authority, the bodies of local
self-government, officials, private citizens and their associations
shall be obliged to observe the Constitution of the Russian
Federation and laws.
3. Laws shall be officially published. Unpublished laws shall not
be used. Any normative legal acts concerning human rights, freedoms
and duties of man and citizen may not be used, if they are not
officially published for general knowledge.
4. The universally-recognized norms of international law and
international treaties and agreements of the Russian Federation
shall be a component part of its legal system. If an international
treaty or agreement of the Russian Federation fixes other rules
than those envisaged by law, the rules of the international
agreement shall be applied.
Article 16
1. The provisions of the present chapter of the
Constitution comprise the fundamental principles of the
constitutional system of the Russian Federation, and may not be
changed otherwise than according to the rules established by the
present Constitution.
2. No other provision of the present Constitution may contradict
the fundamental principles of the constitutional system of the
Russian Federation.
CHAPTER 2. RIGHTS AND FREEDOMS OF MAN AND
CITIZEN
Article 17
1. In the Russian Federation recognition and
guarantees shall be provided for the rights and freedoms of man and
citizen according to the universally recognized principles and
norms of international law and according to the present
Constitution.
2. Fundamental human rights and freedoms are inalienable and shall
be enjoyed by everyone since the day of birth.
3. The exercise of the rights and freedoms of man and citizen
shall not violate the rights and freedoms of other people.
Article 18
The rights and freedoms of man and citizen shall
be directly operative. They determine the essence, meaning and
implementation of laws, the activities of the legislative and
executive authorities, local self-government and shall be ensured
by the administration of justice.
Article 19
1. All people shall be equal before the law and
court.
2. The State shall guarantee the equality of rights and freedoms
of man and citizen, regardless of sex, race, nationality, language,
origin, property and official status, place of residence, religion,
convictions, membership of public associations, and also of other
circumstances. All forms of limitations of human rights on social,
racial, national, linguistic or religious grounds shall be
banned.
3. Man and woman shall enjoy equal rights and freedoms and have
equal possibilities to exercise them.
Article 20
1. Everyone shall have the right to life.
2. Capital punishment until its complete elimination may be
envisaged by a federal law as an exclusive penalty for especially
grave crimes against life, and the accused shall be granted the
right to have his case examined by jurytrial.
Article 21
1. Human dignity shall be protected by the
State. Nothing may serve as a basis for its derogation.
2. No one shall be subject to torture, violence or other severe or
humiliating treatment or punishment. No one may be subject to
medical, scientific and other experiments without voluntary
consent.
Article 22
1. Everyone shall have the right to freedom and
personal immunity.
2. Arrest, detention and remanding in custody shall be allowed
only by court decision. Without the court's decision a person may
be detained for a term more than 48 hours.
Article 23
1. Everyone shall have the right to the
inviolability of private life, personal and family secrets, the
protection of honour and good name.
2. Everyone shall have the right to privacy of correspondence, of
telephone conversations, postal, telegraph and other messages.
Limitations of this right shall be allowed only by court
decision.
Article 24
1. The collection, keeping, use and
dissemination of information about the private life of a person
shall not be allowed without his or her consent.
2. The bodies of state authority and local self-government, their
officials shall ensure for everyone the possibility of acquainting
with the documents and materials directly affecting his or her
rights and freedoms, unless otherwise provided for by law.
Article 25
The home shall be inviolable. No one shall have
the right to get into a house against the will of those living
there, except for the cases established by a federal law or by
court decision.
Article 26
1. Everyone shall have the right to determine
and indicate his nationality. No one may be forced to determine and
indicate his or her nationality.
2. Everyone shall have the right to use his or her native
language, to a free choice of the language of communication,
upbringing, education and creative work.
Article 27
1. Every who legally stays in the territory of
the Russian Federation shall have the right to free travel, choice
of place of stay or residence.
2. Everyone may freely leave the Russian Federation. Citizens of
the Russian Federation shall have the right to freely return to the
Russian Federation.
Article 28
Everyone shall be guaranteed the freedom of
conscience, the freedom of religion, including the right to profess
individually or together with other any religion or to profess no
religion at all, to freely choose, possess and disseminate
religious and other views and act according to them.
Article 29
1. Everyone shall be guaranteed the freedom of
ideas and speech.
2. The propaganda or agitation instigating social, racial,
national or religious hatred and strife shall not be allowed. The
propaganda of social, racial, national, religious or linguistic
supremacy shall be banned.
3. No one may be forced to express his views and convictions or to
reject them.
4. Everyone shall have the right to freely look for, receive,
transmit, produce and distribute information by any legal way. The
list of data comprising state secrets shall be determined by a
federal law.
5. The freedom of mass communication shall be guaranteed.
Censorship shall be banned.
Article 30
1. Everyone shall have the right to association,
including the right to create trade unions for the protection of
his or her interests. The freedom of activity of public association
shall be guaranteed.
2. No one may be compelled to join any association and remain in
it.
Article 31
Citizens of the Russian Federation shall have
the right to assemble peacefully, without weapons, hold rallies,
meetings and demonstrations, marches and pickets.
Article 32
1. Citizens of the Russian Federation shall have
the right to participate in managing state affairs both directly
and through their representatives.
2. Citizens of the Russian Federation shall have the right to
elect and be elected to state bodies of power and local
self-government bodies, and also to participate in referenda.
3. Deprived of the right to elect and be elected shall be citizens
recognized by court as legally unfit, as well as citizens kept in
places of confinement by a court sentence.
4. Citizens of the Russian Federation shall enjoy equal access to
the state service.
5. Citizens of the expenditures shall have the right to
participate in administering justice.
Article 33
Citizens of the Russian Federation shall have
the right to address personally, as well as to submit individual
and collective appeals to state organs and local self-government
bodies.
Article 34
1. Everyone shall have the right to a free use
of his abilities and property for entrepreneurial and economic
activities not prohibited by law.
2. The economic activity aimed at monopolization and unfair
competition shall not be allowed.
Article 35
1. The right of private property shall be
protected by law.
2. Everyone shall have the right to have property, possess, use
and dispose of it both personally and jointly with other
people.
3. No one may be deprived of property otherwise than by a court
decision. Forced confiscation of property for state needs may be
carried out only on the proviso of preliminary and complete
compensation.
4. The right of inheritance shall be guaranteed.
Article 36
1. Citizens and their associations shall have
the right to possess land as private property.
2. Possession, utilization and disposal of land and other natural
resources shall be exercised by the owners freely, if it is not
detrimental to the environment and does not violate the rights and
lawful interests of other people.
3. The terms and rules for the use of land shall be fixed by a
federal law.
Article 37
1. Labour is free. Everyone shall have the right
to freely use his labour capabilities, to choose the type of
activity and profession.
2. Forced labour shall be banned.
3. Everyone shall have the right to labour conditions meeting the
safety and hygienic requirements, for labour remuneration without
any discrimination whatsoever and not lower than minimum wages and
salaries established by the federal law, as well as the right to
protection against unemployment.
4. Recognition shall be given to the right to individual and
collective labour disputes with the use of methods of their
adjustment fixed by the federal law, including the right to
strike.
5. Everyone shall have the right to rest and license. Those
working by labour contracts shall be guaranteed the fixed duration
of the working time, days off and holidays, and the annual paid
leave established by the federal law.
Article 38
1. Maternity and childhood, and the family shall
be protected by the State.
2. Care for children, their upbringing shall be equally the right
and obligation of parents.
3. Able-bodied children over 18 years of age shall take care of
disabled parents.
Article 39
1. Everyone shall be guaranteed social security
at the expense of the State in old age, in case of an illness,
disableness, loss of the bread-winner, for upbringing of children
and in other cases established by law.
2. State pensions and social allowances shall be established by
law.
3. Promotion shall be given to voluntary social insurance and the
creation of additional forms of social security and charity.
Article 40
1. Everyone shall have the right to a home. No
one may be arbitrarily deprived of his or her home.
2. The bodies of state authority and local self-government shall
encourage housing construction and create conditions for exercising
the right to a home.
3. Low-income people and other persons mentioned in law and in
need of a home shall receive it gratis or for reasonable payment
from the state, municipal and other housing stocks according to the
norms fixed by law.
Article 41
1. Everyone shall have the right to health
protection and medical aid. Medical aid in state and municipal
health establishments shall be rendered to individuals gratis, at
the expense of the corresponding budget, insurance contributions,
and other proceeds.
2. In the Russian Federation federal programmes of protecting and
strengthening the health of the population shall be financed by the
State; measures shall be adopted to develop state, municipal and
private health services; activities shall be promoted which
facilitate the strengthening of health, the development of physical
culture and sport, ecological and sanitary-epidemiological
well-being.
3. The concealment by officials of the facts and circumstances
posing a threat to the life and health of people shall entail
responsibility according to the federal law.
Article 42
Everyone shall have the right to favorable
environment, reliable information about its state and for a
restitution of damage inflicted on his health and property by
ecological transgressions.
Article 43
1. Everyone shall have the right to
education.
2. Guarantees shall be provided for general access to and free
pre-school, secondary and high vocational education in state or
municipal educational establishments and at enterprises.
3. Everyone shall have the right to receive on a competitive basis
a free higher education in a state or municipal educational
establishment and at an enterprise.
4. The basic general education shall be free of charge. Parents or
persons in law parents shall enable their children to receive a
basic general education.
5. The Russian Federation shall establish federal state
educational standards and support various forms of education and
self-education.
1. Everyone shall be guaranteed the freedom of literary, artistic,
scientific, technical and other types of creative activity, and
teaching. Intellectual property shall be protected by law.
2. Everyone shall have the right to participate in cultural life
and use cultural establishments and to an access to cultural
values.
3. Everyone shall be obliged to care for the preservation of
cultural and historical heritage and protect monuments of history
and culture.
Article 45
1. State protection of the rights and freedoms
of man and citizen shall be guaranteed in the Russian
Federation.
2. Everyone shall be free to protect his rights and freedoms by
all means not prohibited by law.
Article 46
1. Everyone shall be guaranteed judicial
protection of his rights and freedoms.
2. Decisions and actions (or inaction) of bodies of state
authority and local self-government, public associations and
officials may be appealed against in court.
3. Everyone shall have the right to appeal, according to
international treaties of the Russian Federation, to international
bodies for the protection of human rights and freedoms, if all the
existing internal state means of legal protection have been
exhausted.
Article 47
1. No one may be deprived of the right to the
consideration of his or her case in that court and by that judge in
whose cognizance the given case is according to law.
2. The accused of committing a crime shall have the right to the
examination of his case by a court of jury in cases envisaged by
the federal law.
Article 48
1. Everyone shall be guaranteed the right to
qualified legal assistance. In cases envisaged by law the legal
assistance shall be free.
2. Any person detained, taken into custody, accused of committing
a crime shall have the right to receive assistance of a lawyer
(counsel for the defence) from the moment of detention, confinement
in custody or facing charges accordingly.
Article 49
1. Everyone accused of committing a crime shall
be considered innocent until his guilt is proved according to the
rules fixed by the federal law and confirmed by the sentence of a
court which has come into legal force.
2. The accused shall not be obliged to prove his innocence.
3. Unremovable doubts about the guilt of a person shall be
interpreted in favour of the accused.
Article 50
1. No one may be convicted twice for one and the
same crime.
2. In administering justice it shall not be allowed to use
evidence received by violating the federal law.
3. Everyone convicted for a crime shall have the right to appeal
against the judgement of a superior court according to the rules
envisaged by the federal law, as well as to ask for pardon or a
mitigation of punishment.
Article 51
1. No one shall be obliged to give incriminating
evidence, husband or wife and close relatives the range of whom is
determined by the federal law.
2. The federal law may envisage other cases of absolution from the
obligation to testify.
Article 52
The rights of victims of crimes and of abuse of
office shall be protected by law. The State shall provide access to
justice for them and a compensation for sustained damage.
Article 53
Everyone shall have the right for a state
compensation for damages caused by unlawful actions (inaction) of
bodies of state authority and their officials.
Article 54
1. A law introducing or aggravating
responsibility shall not have retrospective effect.
2. No one may bear responsibility for the action which was not
regarded as a crime when it was committed. If after violating law
the responsibility for that is eliminated or mitigated, a new law
shall be applied.
Article 55
1. The listing in the Constitution of the
Russian Federation of the fundamental rights and freedoms shall not
be interpreted as a rejection or derogation of other universally
recognized human rights and freedoms.
2. In the Russian Federation no laws shall be adopted cancelling
or derogating human rights and freedoms.
3. The rights and freedoms of man and citizen may be limited by
the federal law only to such an extent to which it is necessary for
the protection of the fundamental principles of the constitutional
system, morality, health, the rights and lawful interests of other
people, for ensuring defence of the country and security of the
State.
Article 56
1. In conditions of a state of emergency in
order to ensure the safety of citizens and the protection of the
constitutional system and in accordance with the federal
constitutional law certain limitations may be placed on human
rights and freedoms with the establishment of their framework and
time period.
2. A state of emergency may be introduced in the whole territory
of the Russian Federation and in its certain parts in case there
are circumstances and according to the rules fixed by the federal
constitutional law.
3. The rights and freedoms envisaged in Articles
20, 21, 23 (the first part), 24, 28, 34 (the first part), 40 (the
first part), 46-54 of the Constitution of the Russian Federation,
shall not be liable to limitations.
Article 57
Everyone shall be obliged to pay the legally
established taxes and dues. Laws introducing new taxes or
deteriorating the position of taxpayers may not have retroactive
effect.
Article 58
Everyone shall be obliged to preserve nature and
the environment, carefully treat the natural wealth.
Article 59
1. Defence of the Fatherland shall be a duty and
obligation of citizens of the Russian Federation.
2. A citizen shall carry out military service according to the
federal law.
3. A citizen of the Russian Federation shall have the right to
replace military service by alternative civilian service in case
his convictions or religious belief contradict military service and
also in other cases envisaged by the federal law.
Article 60
A citizen of the Russian Federation may exercise
his or her rights and duties in full from the age of 18.
Article 61
1. A citizen of the Russian Federation may not
be deported from Russia or extradited to another State.
2. The Russian Federation shall guarantee to its citizens
protection and patronage abroad.
Article 62
1. A citizen of the Russian Federation may have
the citizenship of a foreign State (dual citizenship) according to
the federal law or an international agreement of the Russian
Federation.
2. The possession of a foreign citizenship by a citizen of the
Russian Federation shall not derogate his rights and freedoms and
shall not free him from the obligations stipulated by the Russian
citizenship, unless otherwise provided for by federal law or an
international agreement of the Russian Federation.
3. Foreign nationals and stateless persons shall enjoy in the
Russian Federation the rights and bear the obligations of citizens
of the Russian Federation, except for cases envisaged by the
federal law or the international agreement of the Russian
Federation.
Article 63
1. The Russian Federation shall grant political
asylum to foreign nationals and stateless persons according to the
universally recognized norms of international law.
2. In the Russian Federation it shall not be allowed to extradite
to other States those people who are persecuted for political
convictions, as well as for actions (or inaction) not recognized as
a crime in the Russian Federation. The extradition of people
accused of a crime, and also the handover of convicts for serving
sentences in other States shall be carried out on the basis of the
federal law or the international agreement of the Russian
Federation.
Article 64
The provisions of the present chapter comprise
the basis of the legal status of the individual in the Russian
Federation and may not be changed otherwise then according to the
rules introduced by the present Constitution.
CHAPTER 3. THE FEDERAL STRUCTURE
Article 65
1. The Russian Federation includes the following
subjects of the Russian Federation:
the Republic of Adygeya (Adygeya), the Republic
of Altai, the Republic of Bashkortostan, the Republic of Buryatia,
the Republic of Daghestan, the Republic of Ingushetia, the
Kabardino-Balkarian Republic, the Republic of Kalmykia, the
Karachayevo-Circassian Republic, the Republic of Karelia, the Komi
Republic, the Republic of Marii El, the Republic of Mordovia, the
Republic of Sakha (Yakutia), the Republic of North Ossetia -
Alania, the Republic of Tatarstan (Tatarstan), the Republic of
Tuva, the Udmurtian Republic, the Republic of Khakassia, the
Chechen Republic, the Chuvash Republic - Chuvashia;
the Altai Territory, the Krasnodar Territory, the Krasnoyarsk
Territory, the Primorie Territory, the Stavropol Territory, the
Khabarovsk Territory;
the Amur Region, the Archangel Region, the Astrakhan Region, the
Belgorod Region, the Bryansk Region, the Vladimir Region, the
Volgograd Region, the Vologda Region, the Voronezh Region, the
Ivanovo Region, the Irkutsk Region, the Kaliningrad Region, the
Kaluga Region, the Kamchatka Region, the Kemerovo Region, the Kirov
Region, the Kostroma Region, the Kurgan Region, the Kursk Region,
the Leningrad Region, the Lipetsk Region, the Magadan Region, the
Moscow Region, the Murmansk Region, the Nizhni Novgorod Region, the
Novgorod Region, the Novosibirsk Region, the Omsk Region, the
Orenburg Region, the Orel Region, the Penza Region, the Perm
Region, the Pskov Region, the Rostov Region, the Ryazan Region, the
Samara Region, the Saratov Region, the Sakhalin Region, the
Sverdlovsk Region, the Smolensk Region, the Tambov Region, the Tver
Region, the Tomsk Region, the Tula Region, the Tyumen Region, the
Ulyanovsk Region, the Chelyabinsk Region, the Chita Region, the
Yaroslavl Region;
Moscow, St. Petersburg - cities of federal importance;
the Jewish Autonomous Region;
the Aginsk Buryat Autonomous Area, the Komi-Permyak Autonomous
Area, the Koryak Autonomous Area, the Nenets Autonomous Area, the
Taimyr (Dolgano-Nenets) Autonomous Area, the Ust-Ordyn Buryat
Autonomous Area, the Khanty-Mansi Autonomous Area, the Chukotka
Autonomous Area, the Evenki Autonomous Area, the Yamalo-Nents
Autonomous Area.
2. The admission to the Russian Federation and the creation in it
of a new subject shall be carried out according to the rules
established by the federal constitutional law.
Article 66
1. The status of a Republic shall be determined
by the Constitution of the Russian Federation and the Constitution
of the Republic.
2. The status of a territory, region, city of federal importance,
autonomous region and autonomous area shall be determined by the
Constitution of the Russian Federation and the Charter of the
territory, region, city of federal importance, autonomous region or
autonomous area, adopted by the legislative (representative) body
of the corresponding subject of the Russian Federation.
3. Upon the proposal of the legislative and executive bodies of
the autonomous region or autonomous area a federal law on
autonomous region or autonomous area may be adopted.
4. The relations between the autonomous area within a territory or
region may be regulated by the federal law or a treaty between the
bodies of state authority of the autonomous area and, accordingly,
the bodies of state authority of the territory or region.
5. The status of a subject of the Russian Federation may be
changed upon mutual agreement of the Russian Federation and the
subject of the Russian Federation and according to the federal
constitutional law.
Article 67
1. The territory of the Russian Federation shall
include the territories of its subjects, inland waters and
territorial sea, and the air space over them.
2. The Russian Federation shall possess
sovereign rights and exercise the jurisdiction on the continental
shelf and in the exclusive economic zone of the Russian Federation
according to the rules fixed by the federal law and the norms of
international law.
3. The borders between the subjects of the
Russian Federation may be changed upon their mutual consent.
Article 68
1. The Russian language shall be a state
language on the whole territory of the Russian Federation.
2. The Republics shall have the right to establish their own state
languages. In the bodies of state authority and local
self-government, state institutions of the Republics they shall be
used together with the state language of the Russian
Federation.
3. The Russian Federation shall guarantee to all of its peoples
the right to preserve their native language and to create
conditions for its study and development.
Article 69
The Russian Federation shall guarantee the
rights of the indigenous small peoples according to the universally
recognized principles and norms of international law and
international treaties and agreements of the Russian
Federation.
Article 70
1. The state flag, coat of arms and anthem of
the Russian Federation, their description and rules of official use
shall be established by the federal constitutional law.
The capital of the Russian Federation is the city of Moscow. The
status of the capital shall be determined by the federal law.
Article 71
The jurisdiction of the Russian Federation
includes:
a) adoption and amending of the Constitution of the Russian
Federation and federal laws, control over their observance;
b) federal structure and the territory of the Russian
Federation;
c) regulation and protection of the rights and freedoms of man and
citizen; citizenship in the Russian Federation, regulation and
protection of the rights of national minorities;
d) establishment of the system of federal bodies
of legislative, executive and judicial authority, the rules of
their organization and activities, formation of federal bodies of
state authority;
e) federal state property and its management;
f) establishment of the principles of federal policy and federal
programmes in the sphere of state, economic, ecological, social,
cultural and national development of the Russian Federation;
g) establishment of legal groups for a single
market; financial, currency, credit, and customs regulation, money
issue, the principles of pricing policy; federal economic services,
including federal banks;
h) federal budget, federal taxes and dues, federal funds of
regional development;
i) federal power systems, nuclear power-engineering, fission
materials, federal transport, railways, information and
communication, outer space activities;
j) foreign policy and international relations of the Russian
Federation, international treaties and agreements of the Russian
Federation, issues of war and peace;
k) foreign economic relations of the Russian Federation;
l) defence and security; military production; determination of
rules of selling and purchasing weapons, ammunition, military
equipment and other military property; production of poisonous
substances, narcotic substances and rules of their use;
m) determination of the status and protection of the state border,
territorial sea, air space, exclusive economic zone and continental
shelf of the expenditures;
n) judicial system, procurator's office, criminal, criminal
procedure and criminal-executive legislation, amnesty and pardoning
, civil, civil procedure and arbitration procedure legislation,
legal regulation of intellectual property;
o) federal law of conflict of laws;
p) meteorological service, standards, metric system, horometry
accounting, geodesy and cartography, names of geographical units,
official statistics and accounting;
q) state awards and honourary titles of the Russian
Federation;
r) federal state service.
Article 72
1. The joint jurisdiction of the Russian
Federation and the subjects of the Russian Federation
includes:
a) providing for the correspondence of the constitutions and laws
of the Republics, the charters and other normative legal acts of
the territories, regions, cities of federal importance, autonomous
regions or autonomous areas to the Constitution of the Russian
Federation and the federal laws;
b) protection of the rights and freedoms of man and citizen;
protection of the rights of national minorities; ensuring the rule
of law, law and order, public security, border zone regime;
c) issues of possession, use and disposal of land, subsoil, water
and other natural resources;
d) delimitation of state property;
e) nature utilization, protection of the environment and ensuring
ecological safety; specially protected natural territories,
protection of historical and cultural monuments;
f) general issues of upbringing, education, science, culture,
physical culture and sports;
g) coordination of issues of health care; protection of the
family, maternity, paternity and childhood; social protection,
including social security;
h) carrying out measures against catastrophes, natural calamities,
epidemics, elimination of their aftermath;
i) establishment of common principles of taxation and dues in the
Russian Federation;
j) administrative, administrative procedure, labour, family,
housing, land, water, and forest legislation; legislation on
subsoil and environmental protection;
k) personnel of the judicial and law enforcement agencies; the
Bar, notaryship;
l) protection of traditional living habitat and of traditional way
of life of small ethnic communities;
m) establishment of common principles of organization of the
system of bodies of state authority and local self-government;
n) coordination of international and foreign
economic relations of the subjects of the Russian Federation,
fulfillment of international treaties and agreements of the Russian
Federation.
2. Provisions of this Article shall be equally
valid for the Republics, territories, regions, cities of federal
importance, autonomous regions or autonomous areas.
Article 73
Outside the limits of authority of the Russian
Federation and the powers of the Russian Federation on issues under
joint jurisdiction of the Russian Federation and the subjects of
the Russian Federation, the subjects of the Russian Federation
shall possess full state power.
Article 74
1. In the territory of the Russian Federation it
shall not be allowed to establish customs borders, dues or any
other barriers for a free flow of goods, services and financial
resources.
2. Limitations on the transfer of goods and services may be
introduced according to the federal law, if it is necessary to
ensure security, protect the life and health of people, protect
nature and cultural values.
Article 75
1. The monetary unit in the Russian Federation
shall be the rouble. Money issue shall be carried out exclusively
by the Central Bank of the Russian Federation. Introduction and
issue of other currencies in Russia shall not be allowed.
2. The protection and ensuring the stability of the rouble shall
be the major task of the Central Bank of the Russian Federation,
which it shall fulfil independently of the other bodies of state
authority.
3. The system of taxes paid to the federal budget and the general
principles of taxation and dues in the Russian Federation shall be
fixed by the federal law.
4. State loans shall be issued according to the rules fixed by the
federal law and shall be floated on a voluntary basis.
Article 76
1. On the issues under the jurisdiction of the
Russian Federation federal constitutional laws and federal laws
shall be adopted and have direct action in the whole territory of
the Russian Federation.
2. On the issues under the joint jurisdiction of the Russian
Federation and subjects of the Russian Federation federal laws
shall issued and laws and other normative acts of the subjects of
the Russian Federation shall be adopted according to them.
3. Federal laws may not contradict the federal constitutional
laws.
4. Outside the limits of authority of the Russian Federation, of
the joint jurisdiction of the Russian Federation and the subjects
of the Russian Federation, the Republics, territories, regions,
cities of federal importance, autonomous regions or autonomous
areas shall exercise their own legal regulation, including the
adoption of laws and other normative acts.
5. The laws and other legislative acts of the subjects of the
Russian Federation may not contradict the federal laws adopted
according to the first and second parts of this Article. In case of
a contradiction between a federal law and an act issued in the
Russian Federation the federal law shall be applied.
6. In case of a contradiction between a federal law and a
normative act of a subject of the Russian Federation adopted
according to the fourth part of this Article, the normative legal
act of the subject of the Russian Federation shall be applied.
Article 77
1. The system of bodies of state authority of
the Republics, territories, regions, cities of federal importance,
autonomous regions or autonomous areas shall be established by the
subjects of the Russian Federation independently and according to
the principles of the constitutional system of the Russian
Federation and the general principles of the organization of
representative and executive bodies of state authority fixed by
federal law.
2. Within the limits of jurisdiction of the Russian Federation and
the powers of the Russian Federation on the issue under the joint
jurisdiction of the Russian Federation and the subjects of the
Russian Federation the federal bodies of executive authority and
the bodies of executive authority of the subjects of the Russian
Federation shall make up a single system of executive power of the
Russian Federation.
Article 78
1. The federal bodies of executive power in
order to exercise their powers may create their own territorial
organs and appoint corresponding officials.
2. The federal bodies of executive power by agreement with the
bodies of executive power of the subjects of the Russian Federation
may transfer to them the fulfillment of a part of their powers, if
it does not contradict the Constitution of the Russian Federation
and the federal laws.
3. The bodies of executive power of the subjects of the Russian
Federation by agreement with the federal bodies of executive
authority may transfer to them the fulfillment of a part of their
powers.
4. The President of the Russian Federation and the Government of
the Russian Federation shall ensure, according to the Constitution
of the Russian Federation, the implementation of the powers of the
federal state authority in the whole territory of the Russian
Federation.
Article 79
The Russian Federation may participate in
interstate associations and transfer to them part of its powers
according to international treaties and agreements, if this does
not involve the limitation of the rights and freedoms of man and
citizen and does not contradict the principles of the
constitutional system of the Russian Federation.
CHAPTER 4. THE PRESIDENT OF THE RUSSIAN
FEDERATION
Article 80
1. The President of the Russian Federation shall
be the head of the State.
2. The President of the Russian Federation shall be guarantor of
the Constitution of the Russian Federation, of the rights and
freedoms of man and citizen. According to the rules fixed by the
Constitution of the Russian Federation, he shall adopt measures to
protect the sovereignty of the Russian Federation, its independence
and state integrity, ensure coordinated functioning and interaction
of all the bodies of state power.
3. According to the Constitution of the Russian
Federation and the federal laws the President of the Russian
Federation shall determine the guidelines of the internal and
foreign policies of the State.
4. As the head of the State the President of the Russian
Federation represent the Russian Federation within the country and
in international relations.
Article 81
1. The President of the Russian Federation shall
be elected for four years by citizens of the Russian Federation on
the basis of universal, equal, direct suffrage by secret
ballot.
2. Any citizen of the Russian Federation not younger than 35 years
of age and with a permanent residence record in the Russian
Federation of not less than 10 years may be elected President of
the Russian Federation.
3. One and the same person may not be elected President of the
Russian Federation for more than two terms running.
4. The rules of electing the President of the Russian Federation
shall determined by the federal law.
Article 82
1. When taking office the President of the
Russian Federation shall take the following oath of loyalty to the
people:
"I swear in exercising the powers of the President of the Russian
Federation to respect and safeguard the rights and freedoms of man
and citizen, to observe and protect the Constitution of the Russian
Federation, to protect the sovereignty and independence, security
and integrity of the State, to faithfully serve the people".
2. The oath shall be taken in a solemn atmosphere in the presence
of members of the Council of the Federation, deputies of the State
Duma and judges of the Constitution Court of the Russian
Federation.
Article 83
The President of the Russian Federation
shall:
a) appoint by agreement with the State Duma the Chairman of the
Government of the Russian Federation;
b) have the right to chair meetings of the Government of the
Russian Federation;
c) adopt decision on the registration of the Government of the
Russian Federation;
d) present to the State Duma a candidate for the appointment to
the post of the Chairman of the Central Bank of the Russian
Federation, raise before the State Duma the issue of dismissing the
Chairman of the Central Bank of the Russian Federation;
e) on the proposal by the Chairman of the Government of the
Russian Federation appoint and dismiss deputy chairmen of the
Government of the Russian Federation and federal ministers;
f) present to the Council of the Federation candidates for
appointment as judges of the Constitution Court of the Russian
Federation, the Supreme Court of the Russian Federation, the Higher
Court of Arbitration of the Russian Federation, as well as a
candidate for the post of the Procurator-General of the Russian
Federation; appoint judges of other federal courts;
g) form and head the Security Council of the Russian Federation,
the status of which is determined by the federal law;
h) approve the military doctrine of the Russian Federation;
i) form the Administration of the President of the Russian
Federation;
j) appoint and dismiss plenipotentiary representatives of the
President of the Russian Federation;
k) appoint and dismiss the supreme command of the Armed Forces of
the Russian Federation;
l) after consultations with corresponding committees and
commissions of the chambers of the Federal Assembly appoint and
recall diplomatic representatives of the Russian Federation in
foreign States and international organizations.
Article 84
The President of the Russian Federation
shall:
a) announce elections to the State Duma according to the
Constitution of the Russian Federation and the federal law;
b) dissolve the State Duma in cases and according to the rules
fixed by the Constitution of the Russian Federation;
c) announce a referendum according to the rules fixed by the
federal constitutional law;
d) submit bills to the State Duma;
e) sign and make public the federal laws;
f) address the Federal Assembly with annual messages on the
situation in the country, on the guidelines of the internal and
foreign policy of the State.
Article 85
1. The President of the Russian Federation may
use conciliatory procedures to solve disputes between the bodies of
state authority of the Russian Federation and bodies of state
authority of the subjects of the Russian Federation, as well as
between bodies of state authority of the subjects of the Russian
Federation. In case no agreed decision is reached, he shall have
the right to submit the dispute for the consideration of a
corresponding court.
2. The President of the Russian Federation shall have the right to
suspend acts of the Bodies of executive power of the subjects of
the Russian Federation in case these acts contradict the
Constitution of the Russian Federation and the federal laws,
international commitments of the Russian Federation or violate the
rights and freedoms of man and citizen until the issue is solved by
a corresponding court.
Article 86
The President of the Russian Federation
shall:
a) govern the foreign policy of the Russian Federation;
b) hold negotiations and sign international treaties and
agreements of the Russian Federation;
c) sign ratification instruments;
d) received credentials and letters of recall of diplomatic
representatives accredited to him.
Article 87
1. The President of the Russian Federation shall
be the Supreme Commander-in-Chief of the Armed Forces of the
Russian Federation.
2. In case of an aggression against the Russian Federation or of a
direct threat of aggression the President of the Russian Federation
shall introduce in the territory of the Russian Federation or in
its certain parts a martial law and immediately inform the Council
of the Federation and the State Duma about this .
3. The regime of the martial law shall be defined by the federal
constitutional law.
Article 88
The President of the Russian Federation, in
circumstances and according to the rules envisaged by the federal
constitutional law, shall introduce a state of emergency in the
territory of the Russian Federation or in its certain parts and
immediately inform the Council of the Federation and the State Duma
about this.
Article 89
The President of the Russian Federation
shall:
a) solve the issues of citizenship of the Russian Federation and
of granting political asylum;
b) decorate with state awards of the Russian Federation, award
honourary titles of the Russian Federation, higher military and
higher special ranks;
c) decide on pardoning.
Article 90
1. The President of the Russian Federation shall
issue decrees and orders.
2. The decrees and orders of the President of the Russian
Federation shall be obligatory for fulfillment in the whole
territory of the Russian Federation.
3. Decrees and orders of the President of the Russian Federation
shall not run counter to the Constitution of the Russian Federation
and the federal laws.
Article 91
The President of the Russian Federation shall
possess immunity.
Article 92
1. The President of the Russian Federation shall
take up his powers since the moment of taking the oath of loyalty
and cease to fulfil them with the expiration of the term of office
and from the moment a newly-elected president is sworn in.
2. The President of the Russian Federation shall cease to exercise
his powers short of the term in case of his resignation, stable
inability because of health reasons to exercise the powers vested
in him or in case of impeachment. In this case the election of the
President of the Russian Federation shall take place not later than
three months since the termination of the powers short of the
term.
3. In all cases when the President of the
Russian Federation is incapable of fulfilling his duties, they
shall temporarily fulfilled by the Chairman of the Government of
the Russian Federation. The Acting President of the Russian
Federation shall have no right to dissolve the State Duma, appoint
a referendum, and also provisions of the Constitution of the
Russian Federation.
Article 93
1. The President of the Russian Federation may
be impeached by the Council of the Federation only on the basis of
the charges of high treason or another grave crime, advanced by the
State Duma and confirmed by the conclusion of the Supreme Court of
the Russian Federation on the presence of the elements of crime in
the actions of the President of the Russian Federation and by the
conclusion of the Constitution Court of the Russian Federation
confirming that the rules of advancing the charges were
observed.
2. The decision of the State Duma on advancing charges and the
decision of the Council of the Federation on impeaching the
President shall be adopted by two thirds of the votes of the total
number of members of each chamber and on the initiative of not less
than one third of the deputies of the State Duma and with the
conclusion of a special commission set up by the State Duma.
3. The decision of the Council of the Federation on impeaching the
President of the Russian Federation shall be adopted not later than
three months after the State Duma advanced the charges against the
President. If a decision of the Council of the Federation is not
adopted during this time, the charges against the President shall
be regarded as rejected.
CHAPTER 5. THE FEDERAL ASSEMBLY
Article 94
The Federal Assembly - the parliament of the
Russian Federation - shall be the representative and legislative
body of the Russian Federation.
Article 95
1. The Federal Assembly consists of two chambers
- the Council of the Federation and the State Duma.
2. The Council of the Federation includes two representatives from
each subject of the Russian Federation: one from the legislative
and one from the executive body of state authority.
3. The State Duma consists of 450 deputies.
Article 96
1. The State Duma shall be elected for a term of
four years.
2. The rules of forming the Council of the Federation and the
rules of electing deputies to the State Duma shall be introduced
federal laws.
Article 97
1. A citizen of the Russian Federation over 21
years of age and with the right to participate in elections may be
elected deputy of the State Duma.
2. One and the same person may not be simultaneously a member of
the Council of the Federation and a deputy of the State Duma. A
deputy of the State Duma may not be a deputy of other
representative bodies of state authority and local
self-government.
3. Deputies of the State Duma shall work on a permanent
professional basis. Deputies of the State Duma may not be employed
in the state service, engage in other paid activities, except for
teaching, scientific and other creative work.
Article 98
1. Members of the Council of the Federation and
deputies of the State Duma shall possess immunity during the whole
term of their mandate. They may not be detained, arrested,
searched, except for cases of detention at the site of crime. They
may not be personally inspected, except for the cases envisaged by
the federal law in order to ensure the safety of other
people.
2. The issue of depriving immunity shall be solved upon the
proposal of the Procurator General of the Russian Federation to the
corresponding chamber of the Federal Assembly.
Article 99
1. The Federal Assembly shall work on a
permanent basis.
2. The State Duma shall be convened at its first sitting on the
thirtieth day after the elections. The President of the Russian
Federation may convene a sitting of the State Duma earlier then the
mentioned time.
3. The first sitting of the State Duma shall be opened by the
oldest deputy.
4. Since the time the State Duma of a new convocation begins to
work the mandate of the State Duma of the previous convocation
shall expire.
Article 100
1. The Council of the Federation and the State
Duma shall hold separate sittings.
2. Sittings of the Council of the Federation and of the State Duma
shall open. In cases envisaged by procedural rules the chambers
shall have the right to hold closed-door sittings.
3. The chambers may hold joint sittings for the consideration of
the messages of the President of the Russian Federation, the
messages of the Constitution Court of the Russian Federation, and
speeches of leaders of foreign states.
Article 101
1. The Council of the Federation shall elect
from among its deputies the Chairman of the Council of the
Federation and his deputies. The State Duma shall elect from among
its deputies the Chairman of the State Duma and his deputies.
2. The Chairman of the Council of the Federation and his deputes,
the Chairman of the State Duma and his deputies chair sittings and
shall be in charge of the internal routine work of the respective
chamber.
3. The Council of the Federation and the State Duma shall set up
committees and commissions, hold parliamentary hearings on issues
in their authority.
4. Each of the chambers shall adopt its procedural rules and solve
issues of procedure for its work.
5. For controlling the implementation of the federal budget the
Council of the Federation and the State Duma shall create the
Accounting Chamber, the composition and the rules of work of which
are fixed by the federal law.
Article 102
1. The jurisdiction of the Council of the
Federation includes:
a) approval of changes in borders between subjects of the Russian
Federation;
b) approval of the decree of the President of the Russian
Federation on the introduction of a martial law;
c) approval of the decree of the President of the Russian
Federation on the introduction of a state of emergency;
d) deciding on the possibility of using the Armed Forces of the
Russian Federation outside the territory of the Russian
Federation;
e) appointment of elections of the President of the Russian
Federation;
f) impeachment of the President of the Russian Federation;
g) appointment of judges of the Constitution Court of the Russian
Federation, of the Supreme Court of the Russian Federation, of the
Higher Arbitration Court of the Russian Federation;
h) appointment and dismissal of the Procurator-General of the
Russian Federation;
i) appointment and dismissal of Deputy Chairman and half of the
auditors of the all Accounting Chamber.
2. The Council of the Federation shall adopt resolutions on the
issues referred to its authority by the Constitution of the Russian
Federation.
3. Resolution of the Council of the Federation shall be adopted by
a majority of the total number of the members of the Council of the
Federation, if other rules for adopting decisions are not envisaged
by the Constitution of the Russian Federation.
Article 103
1. The jurisdiction of the State Duma
includes:
a) approving the appointment of the Chairman of the Government of
the Russian Federation by the President of the Russian
Federation;
b) solution of the issue of confidence in the Government of the
Russian Federation;
c) appointment and dismissal of the Chairman of the Central Bank
of the Russian Federation;
d) appointment and dismissal of the Chairman and half of the
auditors of the Accounting Chamber;
e) appointment and dismissal of the Commissioner for human rights,
who acts according to the federal constitutional law;
f) proclamation of amnesty;
g) advancing of charges against the President of the Russian
Federation for his impeachment.
2. The State Duma shall adopt resolutions on the issues referred
to its authority by the Constitution of the Russian Federation.
3. Resolutions of the State Duma shall be
adopted by a majority of the total number of the deputies of the
State Duma, if other rules for adopting decisions are not
stipulated by the Constitution of the Russian Federation.
Article 104
1. The power to initiate legislation shall
belong to the President of the Russian Federation, the Council of
the Federation, the members of the Council of the Federation, the
deputies of the State Duma, the Government of the Russian
Federation, and the legislative (representative) bodies of the
subjects of the Russian Federation. The power to initiate
legislation shall also belong to the Constitution Court of the
Russian Federation, the Supreme Court of the Russian Federation,
the Higher Arbitration Court of the Russian Federation on the
issues in their authority.
2. Bills shall be submitted to the State Duma.
3. Bills on the introduction or cancellation of taxes, on
exemption from their payment, on the issue of state loans, on
changes in the financial obligations of the State, and other bills
envisaging expenses covered from the federal budget may be
submitted only upon the conclusion of the Government of the Russian
Federation.
Article 105
1. Federal laws shall be adopted by the State
Duma.
2. Federal laws shall be adopted by a majority
of votes of the total number of the deputies of the State Duma,
unless otherwise envisaged by the Constitution of the Russian
Federation.
3. The federal laws adopted by the State Duma shall be submitted
in five days for the consideration of the Council of the
Federation.
4. A federal law shall be considered to be approved by the Council
of the Federation, if over a half of the total number of the
members of the chamber have voted for it or if the Council of the
Federation does not consider it in fourteen days. In case the
Council of the Federation rejects a law, the chambers may create a
conciliatory commission for overcoming the contradictions that
arose, after which the federal law shall be recognized by the State
Duma.
5. In case the State Duma disagrees with the
decision of the Council of the Federation, a federal law shall be
considered adopted, if during the second vote not less than two
thirds of the total number of the deputies of the State Duma
supported it.
Article 106
Liable to obligatory consideration by the
Council of the Federation shall be the federal laws adopted by the
State Duma on the following issues:
a) federal budget;
b) federal taxes and dues;
c) financial, currency, credit, customs regulation, and money
issue;
d) ratification and denunciation of international treaties and
agreements of the Russian Federation;
e) the status and protection of the state border of the Russian
Federation;
f) peace and war.
Article 107
1. The adopted federal law shall be submitted in
five days to the President of the Russian Federation for signing
and making it public.
2. The President of the Russian Federation shall sign the federal
law and make it public in fourteen days.
3. If in fourteen days since the moment of
receiving the federal law the President rejects it, the State Duma
and the Council of the Federation shall reconsider the given law
according to the rules fixed by the Constitution of the Russian
Federation. If during the second vote the law is approved in the
earlier adopted wording by not less than two thirds of the total
number of the members of the Council of the Federation and of the
deputies of the State Duma, it shall be signed by the President in
seven days and made public.
Article 108
1. Federal constitutional laws shall be adopted
on the issues envisaged by the Constitution of the Russian
Federation.
2. A federal constitutional law shall be
considered to be adopted, if it is approved by not less than three
fourths of the total number of the members of the Council of the
Federation and not less than two thirds of the total number of the
deputies of the State Duma. The adopted federal constitutional law
shall be signed by the President of the Russian Federation in
fourteen days and made public.
Article 109
1. The State Duma may be dissolved by the
President of the Russian Federation in cases envisaged in Articles
111 and 117 of the Constitution of the Russian Federation.
2. In case the State Duma is dissolved, the President of the
Russian Federation shall appoint the date of election so that a
newly-elected State Duma could meet not later than four months
since the moment of dissolution.
3. The State Duma may not be dissolved on the grounds envisaged in
Article 117 of the Constitution of the Russian Federation during a
year after it was elected.
4. The State Duma may not be dissolved from the moment it advances
charges against the President of the Russian Federation until the
Council of the Federation adopts a decision on the issue.
5. The State Duma may not be dissolved while a state of emergency
or a martial law operate in the whole territory of the Russian
Federation, as well as during six months before the term of office
of the President expires.
CHAPTER 6. THE GOVERNMENT OF THE RUSSIAN
FEDERATION
Article 110
1. The executive power in Russia shall be
exercised by the Government of the Russian Federation.
2. The Government of the Russian Federation consists of the
Chairman of the Government of the Russian Federation, Deputy
Chairman of the Government of the Russian Federation and federal
ministries.
Article 111
1. The Chairman of the Government of the Russian
Federation shall be appointed by the President of the Russian
Federation with the consent of the State Duma.
2. The proposal on the candidate to the post of the Chairman of
the Government of the Russian Federation shall be submitted not
later than two weeks after a newly-elected President of the Russian
Federation takes office or after the resignation of the Government
of the Russian Federation or one week after the State Duma rejects
the candidate.
3. The State Duma shall consider the candidate nominated by the
President of the Russian Federation for the post of the Chairman of
the Government of the Russian Federation during week after the
submission of the nomination.
4. In case the State Duma rejects three times the candidates for
the post of the Chairman of the Government of the Russian
Federation, dissolve the State Duma and appoint new elections.
Article 112
1. Not later than a week after appointment shall
submit to the President of the Russian Federation proposals on the
structure of the federal bodies of executive power.
2. The Chairman of the Government of the Russian
Federation shall propose to the President of the Russian Federation
candidates for the posts of Deputy chairmen of the Government of
the Russian Federation and federal ministries.
Article 113
According to the Constitution of the Russian
Federation, the federal laws and decrees of the President of the
Russian Federation the Chairman of the Government of the Russian
Federation shall determine the guidelines of the activities of the
Government of the Russian Federation and organize its work.
Article 114
1. The Government of the Russian Federation
shall:
a) work out and submit to the State Duma the federal budget and
ensure its implementation, submit to the State Duma a report on the
implementation of the federal budget;
b) ensure the implementation in the Russian Federation of a single
financial, credit and monetary policy;
c) ensure the implementation in the Russian Federation of a single
state policy in the sphere of culture, science, education, health
protection, social security and ecology;
d) manages the federal property;
e) carry out measures to secure the defence of the country, the
state security, and the implementation of the foreign policy of the
Russian Federation;
f) implement measures to ensure the rule of law, human rights and
freedoms, protection of property and public order, and crime
control;
g) exercise other powers vested in it by the Constitution of the
Russian Federation, the federal laws and decrees of the President
of the Russian Federation.
2. The rules of activities of the Government of the Russian
Federation shall be determined by the federal constitutional
law.
Article 115
1. On the basis and for the sake of
implementation of the Constitution of the Russian Federation, the
federal laws, normative decrees of the President of the Russian
Federation the Government of the Russian Federation shall issue
decisions and orders and ensures their implementation.
2. The decisions and orders of the Government of the Russian
Federation shall be obligatory for fulfillment in the Russian
Federation.
3. The decisions and orders of the Government of the Russian
Federation, if they are inconsistent with the Constitution of the
Russian Federation, federal laws and decrees of the President of
the Russian Federation, may be cancelled by the President of the
Russian Federation.
Article 116
The Government of the Russian Federation shall
resign before a newly-elected President of the Russian
Federation.
Article 117
1. The Government of the Russian Federation may
offer to resign and the President of the Russian Federation either
shall accept or reject the resignation.
2. The President of the Russian Federation may take a decision on
the resignation of the Government of the Russian Federation.
3. The State Duma may express no-confidence to
the Government of the Russian Federation. A no-confidence
resolution shall be adopted by a majority of votes of the total
number of the deputies of the State Duma. After the State Duma
expresses no-confidence to the Government of the Russian
Federation, the President of the Russian Federation shall be free
to announce the resignation of the Government or to reject the
decision of the State Duma. In case the State Duma again expresses
no-confidence to the Government of the Russian Federation during
three months, the President of the Russian Federation shall
announce the resignation of the Government or dissolve the State
Duma.
4. The Chairman of the Government of the Russian Federation may
raise before the State Duma the issue of no-confidence to the
Government of the Russian Federation. If the State Duma votes
no-confidence, the President shall adopt in seven days a decision
on the resignation of the Government of the Russian Federation or
dissolve the State Duma and announce new elections.
5. In case of a resignation of the Government of the Russian
Federation it shall continue to work on the instruction of the
President of the Russian Federation until a new Government of the
Russian Federation is formed.
CHAPTER 7. JUDICIAL POWER
Article 118
1. Justice in the Russian Federation shall be
administered by courts alone.
2. The judicial power shall be exercised by means of
constitutional, civil, administrative and criminal
proceedings.
3. The judicial system of the Russian Federation shall be
instituted by the Constitution of the Russian Federation and the
federal constitutional law. The creation of extraordinary courts
shall not be allowed.
Article 119
Judges may be citizens of the Russian Federation
over 25 years of age with a higher education in law and a law
service record of not less than five years. The federal law may
introduce additional requirements for judges of the courts of the
Russian Federation.
Article 120
1. Judges shall be independent and submit only
to the Constitution and the federal law.
2. If after considering a case, the court of law decides that an
act of a state or other body contradicts the law, it shall pass an
appropriate decision according to the law.
Article 121
1. Judges shall be irremovable.
2. The powers of a judge be ceased or suspended only on the
grounds and according to the rules fixed by the federal law.
Article 122
1. Judges shall possess immunity.
2. A judge may not face criminal responsibility otherwise than
according to the rules fixed by the federal law.
Article 123
1. Examination of cases in all courts shall be
open. Examinations in camera shall be allowed only in cases
envisaged by the federal law.
2. Trial by default in criminal courts shall not be allowed except
in cases fixed by the federal law.
3. Judicial proceedings shall be held on the basis of controversy
and equality of the parties.
4. In cases fixed by the federal law justice shall be administered
by a court of jury.
Article 124
The courts shall be financed only from the
federal budget and the possibility of the complete and independent
administration of justice shall be ensured in keeping with the
requirements of federal law.
Article 125
1. The Constitution Court of the Russian
Federation consists of 19 judges.
2. The Constitution Court of the Russian Federation upon requests
of the President of the Russian Federation, the Council of the
Federation, the State Duma, one fifth of the members of the Council
of the Federation or of the deputies of the State Duma, the
Government of the Russian Federation, the Supreme Court of the
Russian Federation and the Higher Arbitration Court of the Russian
Federation, the bodies of legislative and executive power of the
subjects of the Russian Federation shall consider cases on the
correspondence to the Constitution of the Russian Federation
of:
a) the federal laws, normative acts of the President of the
Russian Federation, the Council of the Federation, the State Duma,
the Government of the Russian Federation;
b) the constitutions of republics, charters, and also the laws and
other normative acts of the subjects of the Russian Federation
adopted on the issues under the jurisdiction of the bodies of state
authority of the Russian Federation or under the joint jurisdiction
of the bodies of state authority of the Russian Federation and the
bodies of state authority of the subjects of the Russian
Federation;
c) the treaties concluded between the bodies of state authority of
the Russian Federation and the bodies of state authority of the
subjects of the Russian Federation, the treaties concluded between
the bodies of state authority of the subjects of the Russian
Federation;
d) international treaties and agreements of the Russian Federation
which have not come into force.
3. The Constitution Court of the Russian Federation shall resolve
disputes on jurisdiction matters:
a) between the federal bodies of state authority;
b) between the bodies of state authority of the Russian Federation
and the bodies of state authority of the subjects of the Russian
Federation;
c) between the higher bodies of state authority of the subjects of
the Russian Federation.
4. The Constitution Court of the Russian Federation, upon
complaints about violations of constitutional rights and freedoms
of citizens and upon court requests shall check, according to the
rules fixed by the federal law, the constitutional of a law applied
or subject to be applied in a concrete case.
5. The Constitution Court of the Russian Federation, upon the
requests of the President of the Russian Federation, the Council of
the Federation, the State Duma, the Government of the Russian
Federation, the bodies of the legislative power of the subjects of
the Russian Federation, shall give its interpretation of the
Constitution of the Russian Federation.
6. Acts or their certain provisions recognized as unconstitutional
shall become invalid; international treaties and agreements not
corresponding to the Constitution of the Russian Federation shall
not be liable for enforcement and application.
7. The Constitution Court of the Russian Federation, upon the
request of the Council of the Federation, shall provide a
conclusion on the observance of the fixed procedure for advancing
charges of treason or of another grave crime against the President
of the Russian Federation.
Article 126
The Supreme Court of the Russian Federation
shall be the supreme judicial body for civil, criminal,
administrative and other cases under the jurisdiction of common
courts, shall carry out judicial supervision over their activities
according to federal law-envisaged procedural forms and provide
explanations on the issues of court proceedings.
Article 127
The Higher Arbitration Court of the Russian
Federation shall be the supreme judicial body for settling economic
disputes and other cases examined by courts of arbitration, shall
carry out judicial supervision over their activities according to
federal law-envisaged procedural forms and provide explanations on
the issues of court proceedings.
Article 128
1. The judges of the Constitution Court of the
Russian Federation, the Supreme Court of the Russian Federation,
the Higher Arbitration Court of the Russian Federation shall be
appointed by the Council of the Federation upon the proposals by
the President of the Russian Federation.
2. Judges of other federal courts shall be appointed by the
President of the Russian Federation according to the rules fixed by
the federal law.
3. The powers, the rules for forming and functioning of the
Constitution Court of the Russian Federation, of the Supreme Court
of the Russian Federation and the Higher Arbitration Court of the
Russian Federation shall be fixed by the federal constitutional
law.
Article 129
1. The Procurator's Office of the Russian
Federation shall form single centralized structure in which
procurators are subordinate to superior procurators and the
Procurator-General of the Russian Federation.
2. The Procurator-General of the Russian Federation shall be
appointed and dismissed by the Council of the Federation upon the
proposal of the President of the Russian Federation.
3. The procurators of the subjects of the Russian Federation shall
be appointed by the Procurator-General of the Russian Federation by
agreement with the subjects.
4. Other procurators shall be appointed by the Procurator-General
of the Russian Federation.
5. The powers, organization and the rules of the functioning of
the Procurator's Office of the Russian Federation shall be
determined by the federal law.
CHAPTER 8. LOCAL SELF-GOVERNMENT
Article 130
1. Local self-government in the Russian
Federation shall ensure the independent solution by the population
of the issues of local importance, of possession, use and disposal
of municipal property.
2. Local self-government shall be exercised by citizens through a
referendum, election, other forms of direct expression of the will
of the people, through elected and other bodies of local
self-government.
Article 131
1. Local self-government shall be administered
in urban and rural settlements and in other areas with the
consideration of the historical and other local traditions. The
structure of local self-government bodies shall be determined by
the population independently.
2. Changes in borders of the areas in which local self-government
is administered shall be made with the consideration of the opinion
of the population of the corresponding areas.
Article 132
1. The local self-government bodies shall
independently manage municipal property, form, adopt and implement
the local budgets, introduce local taxes and dues, ensure the
protection of public order, and also solve other issues of local
importance.
2. The local self-government bodies may be
vested by law with certain state powers and receive the necessary
material and financial resources for their implementation. The
implementation of the delegated powers shall be controlled by the
State.
Article 133
Local self-government in the Russian Federation
shall be guaranteed by the right for judicial protection, for a
compensation for additional expenses emerging as a result of
decisions adopted by state authority bodies, by a ban on the
limitations on the rights of local self-government fixed by the
Constitution of the Russian Federation and the federal laws.
CHAPTER 9. CONSTITUTIONAL AMENDMENTS AND REVIEW
OF THE CONSTITUTION
Article 134
Proposals on amendments and review of the
provisions of the Constitution of the Russian Federation may be
submitted by the President of the Russian Federation, the Council
of the Federation, the State Duma, the Government of the Russian
Federation, the legislative (representative) bodies of the subjects
of the Russian Federation, and also by groups numbering not less
than one fifth of the number of the members of the Council of the
Federation or of the deputies of the State Duma.
Article 135
1. Provisions of Chapters 1, 2 and 9 of the
Constitution of the Russian Federation may not be revised by the
Federal Assembly.
2. If a proposal on the review of the provisions
of Chapters 1, 2 and 9 of the Constitution of the Russian
Federation is supported by three fifths of the total number of the
members of the Council of the Federation and the deputies of the
State Duma, then according to federal constitutional law a
Constitutional Assembly shall be convened.
3. The Constitutional Assembly shall either confirm the
invariability of the Constitution of the Russian Federation or
draft a new Constitution of the Russian Federation, which shall be
adopted by the Constitutional Assembly by two thirds of the total
number of its members or submitted to a referendum. In case of a
referendum the Constitution of the Russian Federation shall be
considered adopted, if over half of the voters who came to the
polls supported it and under the condition that over half of the
electorate participated in the referendum.
Article 136
Amendments to the provisions of Chapters 3-8 of
the Constitution of the Russian Federation shall be adopted
according to the rules fixed for adoption of federal constitutional
laws and come into force after they are approved by the bodies of
legislative power of not less than two thirds of the subjects of
the Russian Federation.
Article 137
1. Amendments in Article 65 of the Constitution
of the Russian Federation determining the structure of the Russian
Federation shall be introduced on the basis of the federal
constitutional law on the admission to the Russian Federation and
the creation of new subjects of the Russian Federation within it,
on changes in the constitutional-legal status of a subject of the
Russian Federation.
2. In case changes are made in the name of a
Republic, territory, region, city of federal importance, autonomous
region or autonomous area, the new name of the subject of the
Russian Federation shall be included in Article 65 of the
Constitution of the Russian Federation.
SECOND SECTION
CONCLUDING AND TRANSITIONAL PROVISIONS
1. The Constitution of the Russian Federation
shall come into force from the moment of its official publication
according to the results of a nationwide referendum.
The day of the nationwide referendum of December 12, 1993 shall be
considered to be the day of adopting the Constitution of the
Russian Federation.
Simultaneously the Constitution (Fundamental Law) of the Russian
Federation - Russia, adopted on April 12, 1978 with all amendments
and changes, shall become invalid.
In case of non-compliance with the Constitution of the Russian
Federation of the provisions of the Federal treaty - the Treaty on
the Division of Subjects of Jurisdiction and Powers Between the
Federal Bodies of State Power of the Russian Federation and the
Bodies of Authority of the Sovereign Republics within the Russian
Federation, the Treaty on the Division of Subjects of Jurisdiction
and Powers Between the Federal Bodies of State Power of the Russian
Federation and the Bodies of Authority of the Territories, Regions,
Cities of Moscow and St. Petersburg of the Russian Federation, the
Treaty on the Division of Subjects of Jurisdiction and Powers
Between the Federal Bodies of State Power of the Russian Federation
and the Bodies of Authority of the Autonomous Region, and
Autonomous Areas within the Russian Federation, and also other
treaties concluded between the federal bodies of state authority of
the Russian Federation and bodies of state authority of the
subjects of the Russian Federation, treaties between the bodies of
state authority of the subjects of the Russian Federation, the
provisions of the Constitution of the Russian Federation shall be
applicable.
2. The laws and other legal acts acting in the territory of the
Russian Federation before the given Constitution comes into force
shall be applied in that part which does not contradict the
Constitution of the Russian Federation.
3. The President of the Russian Federation, elected according to
the Constitution (Fundamental Law) of the Russian Federation -
Russia, since the given Constitution comes into force, since carry
out the powers fixed in it until the term of office for which he
was elected expires.
4. The Council of Ministers (Government) of the Russian Federation
from the moment when the given Constitution comes into force shall
acquire the rights, obligations and responsibilities of the
Government of the Russian Federation fixed by the Constitution of
the Russian Federation and since then shall be called the
Government of the Russian Federation.
5. The courts of the Russian Federation shall administer justice
according to their powers fixed by the given Constitution.
After the Constitution comes into force, the judges of all the
courts of the Russian Federation shall retain their powers until
the term they were elected for expires. Vacant positions shall be
filled in according to the rules fixed by the given
Constitution.
6. Until the adoption and coming into force of the federal law
establishing the rules for considering cases by a court of jury,
the existing rules of court examination of corresponding cases
shall be preserved.
Until the criminal procedure legislation of the Russian Federation
is brought into conformity with the provisions of the present
Constitution, the previous rules for arrest, detention and keeping
in custody of people suspected of committing crime shall be
preserved.
7. The Council of the Federation of the first convocation and the
State Duma of the first convocation shall be elected for a period
of two years.
8. The Council of the Federation shall meet in its first sitting
on the thirtieth day after its election. The first sitting of the
Council of the Federation shall be opened by the President of the
Russian Federation.
9. A deputy of the State Duma of the first convocation may be
simultaneously a member of the Government of the Russian
Federation. The provisions of the present Constitution on the
immunity of deputies in that part which concerns the actions
(inaction) connected with fulfillment of office duties shall not
extend to the deputies of the State Duma, members of the Government
of the Russian Federation.
The deputies of the Council of the Federation of the first
convocation shall exercise their powers on a non-permanent
basis.
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