mercredi 1 août 2007

Russia - Constitution

Russia - Constitution

--------------------------------------------------------------------------------

{ Adopted by referendum on: 12 Dec 1993 }
{ ICL Document Status: 12 Dec 1993 }
{ Long Title: Constitution of the Russian Federation }


{ Editor's Note:
Minor textual changes to Article 65 have been added by order of the President of 9 Jan 1996. }
[Preamble]
We, the multinational people of the Russian Federation, united by a common destiny on our land,
asserting human rights and liberties, civil peace and accord,
preserving the historic unity of the state,
proceeding from the commonly recognized principles of equality and self-determination of the peoples,
honoring the memory of our ancestors, who have passed on to us love of and respect for our homeland and faith in good and justice,
reviving the sovereign statehood of Russia and asserting its immutable democratic foundations,
striving to secure the well-being and prosperity of Russia and proceeding from a sense of responsibility for our homeland before the present and future generations, and
being aware of ourselves as part of the world community,
hereby approve the Constitution of the Russian Federation.

[Part I] First Part


Chapter 1 Fundamentals of the Constitutional System


Article 1 [Russian Federation]
The Russian Federation -- Russia is a democratic federal rule-of-law state with the republican form of government. The names "Russian Federation" and "Russia" are equivalent.

Article 2 [Protection of Human Rights]
Humans, their rights and freedoms are the supreme value. It is a duty of the state to recognize, respect and protect the rights and liberties of humans and citizens.

Article 3 [The Multinational People]

(1) The multinational people of the Russian Federation is the vehicle of sovereignty and the only source of power in the Russian Federation.
(2) The people of the Russian Federation exercise their power directly, and also through organs of state power and local self-government.
(3) The referendum and free elections are the supreme direct manifestation of the power of the people.
(4) No one may arrogate to oneself power in the Russian Federation. Seizure of power or appropriation of power authorization are prosecuted under federal law.

Article 4 [Sovereignty]

(1) The sovereignty of the Russian Federation applies to its entire territory.
(2) The Constitution of the Russian Federation and federal laws have supremacy throughout the entire territory of the Russian Federation.
(3) The Russian Federation ensures the integrity and inviolability of its territory.

Article 5 [Federal Structure]

(1) The Russian Federation consists of republics, territories,
regions, federal cities, an autonomous region and autonomous areas, which are equal subjects of the Russian Federation.
(2) The republic (state) has its own constitution and legislation. A territory, region, federal city, autonomous region and autonomous area has its own charter and legislation
(3) The federated structure of the Russian Federation are based on its state integrity, the uniform system of state power, delimitation of scopes of authority and powers between the bodies of state power of the Russian Federation and the bodies of state power of the subjects of the Russian Federation, equality and self-determination of the peoples in the Russian Federation.
(4) All the subjects of the Russian Federation are equal among themselves in relations with the Federal bodies of state power.

Article 6 [Citizenship]

(1) Citizenship of the Russian Federation are acquired and terminated in accordance with the Federal law, and are one and equal irrespective of the grounds on which it has been acquired.
(2) Every citizen of the Russian Federation has all the rights and liberties on its territory and bear equal duties, stipulated by the Constitution.
(3) A citizen of the Russian Federation may not be stripped of citizenship or of the right to change it.

Article 7 [State Principles]

(1) The Russian Federation is a social state, whose policies are aimed at creating conditions which ensure a dignified life and free development of man.
(2) The Russian Federation protects the work and health of its people, establish a guaranteed minimum wage, provide state support for family, motherhood, fatherhood and childhood, and also for the disabled and for elderly citizens, develop a system of social services and establish government pensions, benefits and other social security guarantees.

Article 8 [Economic Guarantees]

(1) Unity of economic space, free movement of goods, services and financial resources, support for competition and freedom of any economic activity is guaranteed in the Russian Federation.
(2) Private, state, municipal and other forms of ownership are recognized and enjoy equal protection in the Russian Federation.

Article 9 [Natural Resources]

(1) The land and other natural resources are used and protected in the Russian Federation as the basis of the life and activity of the peoples living on their respective territories.
(2) The land and other natural resources may be in private, state municipal and other forms of ownership.

Article 10 [Separations of Powers]
State power in the Russian Federation is exercised on the basis of the separation of the legislative, executive and judiciary branches. The bodies of legislative, executive and judiciary powers are independent.

Article 11 [State Powers]

(1) State power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (Council of the Federation and House of Representatives [State Duma]), the government of the Russian Federation and courts of the Russian Federation.
(2) State power in the subjects of the Russian Federation is exercised by the organs of state authority formed by them.
(3) The scopes of authority and powers of the bodies of state authority of the Russian Federation and the bodies of state authority of the subjects of the Russian Federation are delimited under this Constitution, Federal and other Treaties on the delimitation of scopes of authority and powers.

Article 12 [Local Self-Government]
Local self-government is recognized and guaranteed in the Russian Federation. Local self-government operates independently within the bounds of its authority. The bodies of local self-government are not part of the state power bodies.

Article 13 [Political Plurality]

(1) Ideological plurality is recognized in the Russian Federation.
(2) No ideology may be instituted as a state-sponsored or mandatory ideology.
(3) Political plurality and the multi-party system are recognized in the Russian Federation.
(4) Public associations are equal before the law.
(5) The establishment and the activities of public associations, whose aims and actions are directed at forcible alteration of the fundamentals of constitutional governance and violation of the integrity of the Russian Federation and undermining of the security of the state, the forming of armed units, the incitement of social, racial, national and religious strife are prohibited.

Article 14 [Secularity of the State]

(1) The Russian Federation is a secular state. No religion may be instituted as state-sponsored or mandatory religion.
(2) Religious associations are separated from the state, and are equal before the law.

Article 15 [Supreme Law]

(1) The Constitution has supreme legal force and direct effect, and is applicable throughout the entire territory of the Russian Federation. Laws and other legal acts adopted by the Russian Federation may not contravene the Constitution.
(2) Organs of state power and local self-government, officials, citizens and their associations must comply with the laws and the Constitution.
(3) The laws are officially published. Unpublished laws are not applicable. No regulatory legal act affecting the rights, liberties or duties of the human being and citizen may apply unless it has been published officially for general knowledge.
(4) The commonly recognized principles and norms of the international law and the international treaties of the Russian Federation are a component part of its legal system. If an international treaty of the Russian Federation stipulates other rules than those stipulated by the law, the rules of the international treaty apply.

Article 16 [Constitutional System]

(1) The provisions of the present Chapter of the Constitution are the foundations of the constitutional system of the Russian Federation and may not be changed except as provided for in this Constitution.
(2) No other provisions of this Constitution may contravene the foundations of the constitutional system of the Russian Federation.

Chapter 2 Rights and Liberties of Man and Citizen


Article 17 [Basic Rights and Liberties]

(1) The basic rights and liberties in conformity with the commonly recognized principles and norms of the international law are recognized and guaranteed in the Russian Federation and under this Constitution.
(2) The basic rights and liberties of the human being are inalienable and belong to everyone from birth.
(3) The exercise of rights and liberties of a human being and citizen may not violate the rights and liberties of other persons.

Article 18 [Direct Effect]
The rights and liberties of man and citizen have direct effect. They determine the meaning, content and application of the laws, and the activities of the legislative and executive branches
and local self-government, and are secured by the judiciary.

Article 19 [Equality]

(1) All people are equal before the law and in the court of law.
(2) The state guarantees the equality of rights and liberties regardless of sex, race, nationality, language, origin, property or employment status, residence, attitude to religion, convictions, membership of public associations or any other circumstance. Any restrictions of the rights of citizens on social, racial, national, linguistic or religious grounds are forbidden.
(3) Man and woman have equal rights and liberties and equal opportunities for their pursuit.

Article 20 [Life, Capital Punishment]

(1) Everyone has the right to life.
(2) Capital punishment may, until its abolition, be instituted by the federal law as exceptional punishment for especially grave crimes against life, with the accused having the right to have his case considered in a law court by jury.

Article 21 [Human Dignity]

(1) The dignity of the person is protected by the state. No circumstance may be used as a pretext for belittling it.
(2) No one may be subjected to torture, violence or any other harsh or humiliating treatment or punishment. No one may be subjected to medical, scientific or other experiments without his or her free consent.

Article 22 [Personal Freedom]

(1) Everyone has the right to freedom and personal inviolability.
(2) Arrest, detention and keeping in custody are allowed only by an order of a court of law. No person may be detained for more than 48 hours without an order of a court of law.

Article 23 [Privacy]

(1) Everyone has the right to privacy, to personal and family secrets, and to protection of one's honor and good name.
(2) Everyone has the right to privacy of correspondence, telephone communications, mail, cables and other communications. Any restriction of this right is allowed only under an order of a court of law.

Article 24 [Data Protection]

(1) It is forbidden to gather, store, use and disseminate information on the private life of any person without his/her consent.
(2) The bodies of state authority and the bodies of local self-government and the officials thereof provide to each citizen access to any documents and materials directly affecting his/her rights and liberties unless otherwise stipulated under the law.

Article 25 [Home]
The home is inviolable. No one has the right to enter the home against the will of persons residing in it except in cases stipulated by the federal law or under an order of a court of law.

Article 26 [National Identity, Native Language]

(1) Everyone has the right to determine and state his national identity. No one can be forced to determine and state his national identity.
(2) Everyone has the right to use his native language, freely choose the language of communication, education, training and creative work.

Article 27 [Residence]

(1) Everyone who is lawfully staying on the territory of the
Russian Federation has the right to freedom of movement and to choose the place to stay and reside.
(2) Everyone is free to leave the boundaries of the Russian Federation. The citizens of the Russian Federation have the right to freely return into the Russian Federation.

Article 28 [Belief, Religion]
Everyone is guaranteed the right to freedom of conscience, to freedom of religious worship, including the right to profess, individually or jointly with others, any religion, or to profess no religion, to freely choose, possess and disseminate religious or other beliefs, and to act in conformity with them.

Article 29 [Expression]

(1) Everyone has the right to freedom of thought and speech.
(2) Propaganda or campaigning inciting social, racial, national or religious hatred and strife is impermissible. The propaganda of social, racial, national, religious or language superiority is forbidden.
(3) No one may be coerced into expressing one's views and convictions or into renouncing them.
(4) Everyone has the right to seek, get, transfer, produce and disseminate information by any lawful means. The list of information constituting the state secret is established by the federal law. 5. The freedom of the mass media is guaranteed. Censorship is prohibited.

Article 30 [Association]

(1) Everyone has the right to association, including the right to create trade unions in order to protect one's interests. The freedom of public associations activities is guaranteed.
(2) No one may be coerced into joining any association or into membership thereof.

Article 31 [Assembly, Demonstration]
Citizens of the Russian Federation have the right to gather peacefully, without weapons, and to hold meetings, rallies, demonstrations, marches and pickets.

Article 32 [Participation]

(1) Citizens of the Russian Federation have the right to participate in the administration of the affairs of the state both directly and through their representatives.
(2) Citizens of the Russian Federation have the right to elect and to be elected to bodies of state governance and to organs of local self-government, as well as take part in a referendum.
(3) Citizens who have been found by a court of law to be under special disability, and also citizens placed in detention under a court verdict, do not have the right to elect or to be elected.
(4) Citizens of the Russian Federation have equal access to state service.
(5) Citizens of the Russian Federation have the right to participate in administering justice.

Article 33 [Petitions]
Citizens of the Russian Federation have the right to turn personally to, and send individual and collective petitions to state bodies and bodies of local self-government.

Article 34 [Property Rights]

(1) Everyone has the right to freely use his or her abilities and property for entrepreneurial or any other economic activity not prohibited by the law.
(2) No economic activity aimed at monopolization or unfair competition are allowed.

Article 35 [Private Property]

(1) The right of private property is protected by law.
(2) Everyone has the right to have property in his or her ownership, to possess, use and manage it either individually or
jointly with other persons.
(3) No one may be arbitrarily deprived of his or her property unless on the basis of decision by a court of law. Property can be forcibly alienated for state needs only on condition of a preliminary and equal compensation.
(4) The right of inheritance is guaranteed.

Article 36 [Land Ownership]

(1) Citizens and their associations have the right to have land in their private ownership.
(2) The possession, use and management of the land and other natural resources are freely exercised by their owners provided this does not cause damage to the environment or infringe upon the rights and interests of other persons.
(3) The terms and procedures for the use of land are determined on the basis of federal laws.

Article 37 [Work]

(1) Work is free. Everyone has the right to make free use of his or her abilities for work and to choose a type of activity and occupation.
(2) Forced labor is prohibited.
(3) Everyone has the right to work under conditions meeting the requirements of safety and hygiene, to remuneration for work without any discrimination whatsoever and not below the statutory minimum wage, and also the right to security against unemployment.
(4) The right to individual and collective labor disputes with the use of means of resolution thereof established by federal law, including the right to strike, is recognized.
(5) Everyone has the right to rest and leisure. A person having a work contract is guaranteed the statutory duration of the work time, days off and holidays, and paid annual vacation.

Article 38 [Children, Family]

(1) Motherhood and childhood, and the family are under state protection.
(2) Care for children and their upbringing are the equal right and duty of the parents.
(3) Employable children who have reached 18 years of age must take care of their non-employable parents.

Article 39 [Social Security]

(1) Everyone is guaranteed social security in old age, in case of disease, invalidity, loss of breadwinner,to bring up children and in other cases established by law.
(2) State pensions and social benefits are established by laws.
(3) Voluntary social insurance, development of additional forms of social security and charity are encouraged.

Article 40 [Housing]

(1) Everyone has the right to a home. No one may be arbitrarily deprived of a home.
(2) State bodies and organs of local self-government encourage home construction and create conditions for the realization of the right to a home.
(3) Low-income citizens and other citizens, defined by the law, who are in need of housing are housed free of charge or for affordable pay from government, municipal and other housing funds in conformity with the norms stipulated by the law.

Article 41 [Health Care]

(1) Everyone has the right to health care and medical assistance. Medical assistance is made available by state and municipal health care institutions to citizens free of charge, with the money from the relevant budget, insurance payments another revenues.
(2) The Russian Federation finances federal health care and health-building programs, take measures to develop state, municipal and private health care systems, encourage activities
contributing to the strengthening of the man's health, to the development of physical culture and sport, and to ecological, sanitary and epidemiologic welfare.
(3) Concealment by officials of facts and circumstances posing hazards to human life and health result in their liability in conformance with federal law.

Article 42 [Environment]
Everyone has the right to a favorable environment, reliable information about its condition and to compensation for the damage caused to his or her health or property by ecological violations.

Article 43 [Education]

(1) Everyone has the right to education.
(2) The accessibility and gratuity of pre-school, general secondary and vocational secondary education in public and municipal educational institutions and enterprises are guaranteed.
(3) Everyone has the right to receive, free of charge and on a competitive basis, higher education in a state or municipal educational institution or enterprise.
(4) Basic general education is mandatory. Parents or persons substituting for them must provide for their children to receive basic general education.
(5) The Russian Federation institutes federal state educational standards and support various forms of education and self-education.

Article 44 [Arts, Sciences, Culture]

(1) Everyone is guaranteed freedom of literary, artistic, scientific, intellectual and other types of creative activity and tuition. Intellectual property is protected by the law.
(2) Everyone has the right to participation in cultural life, to the use of institutions of culture, and access to cultural values.
(3) Everyone has the responsibility to care for the preservation of the historic and cultural heritage and safeguard landmarks of history and culture.

Article 45 [State Protection]

(1) State protection for human rights and liberties in the Russian Federation is guaranteed.
(2) Everyone has the right to defend his or her rights and liberties by any means not prohibited by the law.

Article 46 [Legal Protection]

(1) Everyone is guaranteed protection of his or her rights and liberties in a court of law.
(2) The decisions and actions (or inaction) of state organs, organs of local self-government, public associations and officials may be appealed against in a court of law.
(3) In conformity with the international treaties of the Russian Federation, everyone has the right to turn to interstate organs concerned with the protection of human rights and liberties when all the means of legal protection available within the state have been exhausted.

Article 47 [Access to the Courts]

(1) No one may be denied the right to having his or her case reviewed by the court and the judge under whose jurisdiction the given case falls under the law.
(2) Anyone charged with a crime has the right to have his or her case reviewed by a court of law with the participation of jurors in cases stipulated by the federal law.

Article 48 [Counsel]

(1) Everyone is guaranteed the right to qualified legal counsel. Legal counsel is provided free of charge in cases stipulated by the law.
(2) Every person who has been detained, taken into custody or
charged with a crime has the right to legal counsel (defense attorney) from the moment of, respectively, detention or indictment.

Article 49 [Innocence]

(1) Everyone charged with a crime is considered not guilty until his or her guilt has been proven in conformity with the procedures stipulated by the federal law and established by the verdict of a court of law.
(2) The defendant ist not obliged to prove his or her innocence.
(3) The benefit of doubt is interpreted in favor of the defendant.

Article 50 [Ne Bis In Idem]

(1) No one may be repeatedly convicted for the same offense.
(2) In the administration of justice no evidence obtained in violation of the federal law is allowed.
(3) Everyone sentenced for a crime has the right to have the sentence reviewed by a higher court according to the procedure instituted by the federal law, and also the right to plea for clemency or mitigation punishment.

Article 51 [Right to Remain Silent]

(1) No one is obliged to give evidence against himself or herself, for his or her spouse and close relatives, the range of which are established by the federal law.
(2) The federal law may stipulate other exemptions from the obligation to give evidence.

Article 52 [Victims]
The rights of persons who have sustained harm from crimes and abuses of power is protected by the law. The state guarantees the victims access to justice and compensation for damage.

Article 53 [Compensation]
Everyone has the right to compensation by the state for the damage caused by unlawful actions (or inaction) of state organs, or their officials.

Article 54 [Retroactive Laws]

(1) The law instituting or aggravating the liability of a person has no retroactive force.
(2) No one may be held liable for an action which was not recognized as an offense at the time of its commitment. If liability for an offense has been lifted or mitigated after its perpetration, the new law applies.

Article 55 [Limits on Restrictions]

(1) The listing of the basic rights and liberties in the Constitution may not be interpreted as the denial or belittlement of the other commonly recognized human and citizens' rights and liberties.
(2) No laws denying or belittling human and civil rights and liberties may be issued in the Russian Federation.
(3) Human and civil rights and liberties may be restricted by the federal law only to the extent required for the protection of the fundamentals of the constitutional system, morality, health, rights and lawful interests of other persons, for ensuring the defense of the country and the security of the state.

Article 56 [Restrictions]
Individual Restrictions of rights and liberties with identification of the extent and of their duration may be instituted in conformity with the federal constitutional law under conditions of the state of emergency in order to ensure the safety of citizens and protection of the constitutional system.
(2) A state of emergency throughout the territory of the Russian Federation and in individual areas thereof may be introduced in the circumstances and in conformity with the procedures defined by the federal constitutional law.
(3) The rights and liberties stipulated by Articles 20, 21, 23 (1), 24, 28, 34 (1), 40 (1), 46-54 of the Constitution are not subject to restriction.

Article 57 [Duty to Pay Taxes]
Everyone is obliged to pay lawful taxes and fees. Laws introducing new taxes or worsening the situation of tax payers may not have retroactive force.

Article 58 [Duty to Protect the Environment]
Everyone is obliged to preserve nature and the environment, and care for natural wealth.

Article 59 [Military Service]

(1) Defense of the homeland is a duty and obligation of the citizen of the Russian Federation.
(2) The citizen of the Russian Federation do military service in conformity with the federal law.
(3) The citizen of the Russian Federation whose convictions and faith are at odds with military service, and also in other cases stipulated by the federal law has the right to the substitution of an alternative civil service for military service.

Article 60 [Legal Age]
The citizen of the Russian Federation is recognized to be of legal age and may independently exercise his rights and duties in full upon reaching the age of 18.

Article 61 [Extradition]

(1) The citizen of the Russian Federation may not be deported out of Russia or extradited to another state.
(2) The Russian Federation guarantees its citizens defense and patronage beyond its boundaries.

Article 62 [Dual Citizenship]

(1) The citizen of the Russian Federation may have the citizenship of a foreign state (dual citizenship) in conformity with the federal law or international treaty of the Russian Federation.
(2) Possession of the citizenship of a foreign state by the citizen of the Russian Federation does not belittle his or her ranks and liberties or exempt him or her from the duties stemming from Russian citizenship unless otherwise stipulated by the federal law or international treaty of the Russian Federation.
(3) Foreign citizens and stateless persons enjoy in the Russian Federation the rights of its citizens and bear their duties with the exception of cases stipulated by the federal law or international treaty of the Russian Federation.

Article 63 [Asylum]

(1) The Russian Federation grants political asylum to foreign citizens and stateless citizens in conformity with the commonly recognized norms of the international law.
(2) The extradition of persons persecuted for their political views or any actions (or inaction), which are not qualified as criminal by the law of the Russian Federation, to other states is not allowed in the Russian Federation. The extradition of persons charged with crimes and also the hand-over of convicts for serving time in other countries is effected on the basis of the federal law or international treaty of the Russian Federation.

Article 64 [Change by Amendment]
The provisions of these articles form the basis of personal rights in the Russian Federation and may not be changed other than by the means set forth in this constitution.

Chapter 3 Russian Federation


Article 65 [Republics]

(1) The Russian Federation consists of the subjects of the Federation: Republic of Adygeya (Adygeya), Republic of Altai,
Republic of Bashkortostan, Republic of Buryatia, Republic of Dagestan, Republic of Ingushetia, Kabardin-Balkar Republic, Republic of Kalmykia -- Khalmg Tangch, Karachayevo-Cherkess Republic, Republic of Karelia, Republic of Komi, Republic of Mari El, Republic of Mordovia, Republic of Sakha (Yakutia), Republic of North Ossetia-Alania, Republic of Tatarstan (Tatarstan), Republic of Tuva, Udmurt Republic, Republic of Khakasia, Chechen Republic, Chuvash Republic -- Chavash Republics; Altai Territory, Krasnodar Territory, Krasnoyarsk Territory, Maritime Territory, Stavropol Territory, Khabarovsk Territory; Amur Region, Arkhangelsk Region, Astrakhan Region, Belgorod Region, Bryansk Region, Vladimir Region, Volgograd Region, Vologda Region, Voronezh Region, Ivanovo Region, Irkutsk Region, Kaliningrad Region, Kaluga Region, Kamchatka Region, Kemerovo Region, Kirov Region, Kostroma Region, Kurgan Region, Kursk Region, Leningrad Region, Lipetsk Region, Magadan Region, Moscow Region, Murmansk Region, Nizhny Novgorod Region, Novgorod Region, Novosibirsk Region, Omsk Region, Orenburg Region, Oryol Region, Penza Region, Perm Region, Pskov Region, Rostov Region, Ryazan Region, Samara Region, Saratov Region, Sakhalin Region, Sverdlovsk Region, Smolensk Region, Tambov Region, Tver Region, Tomsk Region, Tula Relation, Tyumen Region, Ulyanovsk Region, Chelyabinsk Region, Chita Region, Yaroslavl Region; Moscow, St. Petersburg -- federal cities; Jewish Autonomous Region; Aginsky Buryat Autonomous Area, Komi-Permyak Autonomous Area, Koryak Autonomous Area, Nenets Autonomous Area, Taimyr (Dolgan-Nenets) Autonomous Area, Ust-Ordynsky Buryat Autonomous Area, Khanty-Mansi Autonomous Area, Chukchi Autonomous Area, Evenk Autonomous Area, Yamal-Nenets Autonomous Area.
(2) Accession to the Russian Federation and formation of a new subject of the Russian Federation within it is carried out as envisaged by the federal constitutional law.

Article 66 [Territories, Regions]

(1) The status of a republic is defined by the Constitution and the constitution of the republic in question.
(2) The status of a territory, region, federal city, and autonomous region and autonomous area is determined by Constitution and the Charter of the territory, region, city of federal importance, autonomous region, autonomous area, adopted by the legislative (representative) body of the relevant subject of the Russian Federation.
(3) A federal law on autonomous region, autonomous area may be adopted at the nomination from the legislative and executive bodies of an autonomous region, autonomous area.
(4) Relations between autonomous areas within a territory or region may be regulated by the federal law and an agreement between bodies of state power of the autonomous area and, respectively, bodies of state power of the territory or the region.
(5) The status of a subject of the Russian Federation may be changed only with mutual consent of the Russian Federation and the subject of the Russian Federation in accordance with the federal constitutional law.

Article 67 [Territory]

(1) The territory of the Russian Federation incorporates the territories of its subjects, the internal and territorial seas and the air space over them.
(2) The Russian Federation has sovereign rights and exercise jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation under the procedure stipulated by the federal law and norms of international law.
(3) The boundaries between the subjects of the Russian Federation may be changed by their mutual agreement.

Article 68 [State Language]

(1) The state language of the Russian Federation throughout its territory is the Russian language.
(2) The republics have the right to institute their own state languages. They are used alongside the state language of the Russian Federation in bodies of state power, bodies of local self-government and state institutions of the republics.
(3) The Russian Federation guarantees all its peoples the right to preserve their native language and to create the conditions for its study and development.

Article 69 [Indigenous Rights]
The Russian Federation guarantees the rights of small indigenous peoples in accordance with the generally accepted principles and standards of international law and international treaties of the Russian Federation.

Article 70 [Flag, Emblem, Anthem]

(1) The national flag, State Emblem, and the national anthem, their description and the procedure for their official use are established by the federal constitutional law.
(2) The capital of the Russian Federation is the city of Moscow. The status of the capital is established by the federal law.

Article 71 [Federal Jurisdiction]
The jurisdiction of the Russian Federation includes:
a) the adoption and amendment of the Constitution and federal laws and supervision over compliance with them;
b) the federal structure and territory of the Russian Federation;
c) regulation and protection of the rights and liberties of the human being and citizen; citizenship of the Russian Federation; regulation and protection of the rights of national minorities;
d) establishment of the system of federal bodies of legislative, executive and judiciary power, procedure for the organization and activities thereof; formation of federal bodies of state power;
e) federal and state property and management thereof;
f) determining the basic principles of federal policy and federal programs in the field of state structure, the economy, the environment, and the social, cultural and national development of the Russian Federation;
g) establishment of the legal framework for a single market; financial, monetary, credit and customs regulation, emission of money and guidelines for price policy; federal economic services, including federal banks;
h) the federal budget; federal taxes and levies; federal funds of regional development;
i) federal power grids, nuclear energy, fissionable materials; federal transport, railways, information and communications; space activities;
j) foreign policy and international relations of the Russian Federation, international treaties of the Russian questions of war and peace;
k) foreign trade relations of the Russian Federation;
l) defense and security; defense production; determining procedures for the sale and purchase of arms, ammunition, military hardware and other equipment; production of fissionable materials, toxic substances, narcotics and procedure for the use thereof;
m) defining the status and protection of the state border, territorial waters, the air space, the exclusive economic zone and the continental shelf of the Russian Federation;
n) law courts; Prosecutor's Office; criminal, criminal-procedural and criminal-executive legislation; amnesty and pardon; civil, civil-procedural and arbitration-procedural legislation; legal regulation of intellectual property;
o) federal conflict of laws;
p) meteorological service; standards, models, the metric system and time measurement; geodesy and cartography; names of geographical objects; official statistics and accounting;
q) state decorations and honorary titles of the Russian
Federation;
r) federal state service.

Article 72 [Joint Jurisdiction]

(1) The joint jurisdiction of the Russian Federation and the subjects of the Russian Federation includes:
a) ensuring compliance of the constitutions and laws of the republics, charters, laws, and other regulatory legal acts of the territories, regions, federal cities, the autonomous region and autonomous areas with the Constitution and the federal laws;
b) protection of the rights and freedoms of man and citizen, protection of the rights of ethnic minorities; ensuring legality, law and order, and public safety; border zone regime;
c) issues of the possession, use and management of the land, mineral resources, water an d other natural resources;
d) delimitation of state property;
e) management of natural resources, protection of the environment and ecological safety; specially protected natural reserves; protection of historical and cultural monuments;
f) general questions of upbringing, education, science, culture, physical culture and sports;
g) coordination of health issues, protection of family, motherhood, fatherhood and childhood; social protection including social security;
h) implementing measures to combat catastrophes, natural disasters, epidemics and eliminating consequences thereof;
i) establishment of the general guidelines for taxation and levies in the Russian Federation;
j) administrative, administrative-procedural, labor, family, housing, land, water and forestry legislation; legislation on the sub-surface and environmental protection;
k) cadres of judiciary and law-enforcement agencies; the bar, notaries;
l) protection of the original environment and traditional way of life of small ethnic communities;
m) establishment of general guidelines of the organization of the system of bodies of state power and local self-government;
n) coordination of the international and external economic relations of the subjects of the Russian Federation, compliance with the international treaties of the Russian Federation.
(2) The provisions of this Article equally apply to the republics, territories, regions, federal cities, the autonomous region and autonomous areas.

Article 73 [Regional Jurisdiction]
Outside of the jurisdiction of the Russian Federation and the powers of the Russian Federation on issues within the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the subjects of the Russian Federation exercises the entire spectrum of state power.

Article 74 [Free Trade Zone]

(1) No customs frontiers, duties, levies, or any other barriers for free movement of goods, services, or financial means may be established on the territory of the Russian Federation.
(2) Restrictions on the movement of goods and services may be established under the federal law, if this is necessary for the protection of the people's safety, their lives and health, protection of environment and cultural values.

Article 75 [Money]

(1) The monetary unit of the Russian Federation is the ruble. The monetary emission is the exclusive responsibility of the Central Bank of the Russian Federation. No other currencies may be issued in the Russian Federation.
(2) The protection and stability of the ruble is the main function of the Central Bank of the Russian Federation which it exercises independently from other bodies of state power.
(3) The system of taxes levied to the federal budget and the general principles of taxation and levies in the Russian
Federation is established by the federal law.
(4) State loans are issued in accordance with the procedure established by the federal law and placed on a strictly voluntary basis.

Article 76 [Direct Effect of Federal Laws]

(1) On issues within the jurisdiction of the Russian Federation federal constitutional laws and federal laws are adopted having direct effect throughout the territory of the Russian Federation.
(2) On matters within the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation federal laws are issued and in accordance with them laws and other regulatory legal acts of the subjects of the Russian Federation is adopted.
(3) Federal laws may not contravene federal constitutional laws.
(4) Outside of the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation republics, territories, regions, federal cities, autonomous regions and autonomous areas effect their own legal regulation, including the adoption of laws and other regulatory legal acts.
(5) Laws and other regulatory legal acts of the subjects of the Russian Federation may not contravene federal laws adopted in accordance with Parts (1) and (2) of this Article. In the event of a contradiction between a federal law and any other act issued in the Russian Federation, the federal law applies.
(6) In the event of a contradiction between the federal law and a regulatory legal act of a subject of the Russian Federation issued in accordance with Part (4) of this Article, the regulatory legal act of the subject of the Russian Federation applies.

Article 77 [State Power]

(1) The system of state power bodies of the republics, territories, regions, federal cities, the autonomous region, autonomous areas are established by the subjects of the Russian Federation independently in accordance with the basic principles of the constitutional system of the Russian Federation and general principles of the organization of legislative and executive bodies of power as envisaged by the federal law.
(2) Within the jurisdiction of the Russian Federation and the powers of the Russian Federation on issues within the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation the federal bodies of executive power and bodies of executive power of the subjects of the Russian Federation forms the single system of executive power in the Russian Federation.

Article 78 [State Officials]

(1) To exercise their powers, the federal bodies of executive power may set up their own territorial structures and appoint respective officials.
(2) By agreement with organs of executive power of the subjects of the Russian Federation, the federal organs of executive power may delegate to them part of their powers provided this does not contravene the Constitution or federal laws.
(3) By agreement with the federal organs of executive power, organs of executive power of the subjects of the Russian Federation may delegate part of their powers to them.
(4) The President of the Russian Federation and the government of the Russian Federation shall, under the Constitution, exercise the authority of federal state power throughout the territory of the Russian Federation.

Article 79 [Inter-State Associations]
The Russian Federation may participate in inter-state associations and delegate some of its powers to them in accordance with international agreements if this does not restrict human or civil rights and liberties or contravene the fundamentals of the constitutional system of the Russian
Federation.

Chapter 4 President of the Russian Federation


Article 80 [Head of State]

(1) The President of the Russian Federation is the head of state.
(2) The President is the guarantor of the Constitution, and of human and civil rights and freedoms. In accordance with the procedure established by the Constitution, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, and ensure concerted functioning and interaction of all bodies of state power.
(3) The President of the Russian Federation defines the basic domestic and foreign policy guidelines of the state in accordance with the Constitution and federal laws.
(4) The President of the Russian Federation as head of state represents the Russian Federation inside the country and in international relations.

Article 81 [Term, Election]

(1) The President of the Russian Federation is elected for a term of four years by the citizens of the Russian Federation on the basis of general, equal and direct vote by secret ballot.
(2) A citizen of the Russian Federation not younger than 35, who has resided in the Russian Federation for not less than 10 years, may be elected President of the Russian Federation.
(3) No one person may hold the office of President of the Russian Federation for more than two terms in succession.
(4) The procedure for electing the President of the Russian Federation is determined by federal law.

Article 82 [Oath]

(1) At his inauguration, the President of the Russian Federation takes the following oath to the people:
"I vow, in the performance of my powers as the President of the Russian Federation to respect and protect the rights and freedoms of man and citizen, to observe and protect the Constitution, to protect the sovereignty and independence, security and integrity of the state and to serve the people faithfully."
(2) The oath is taken in a solemn atmosphere in the presence of members of the Council of the Federation, deputies of the House of Representatives [State Duma] and judges of the Constitutional Court of the Russian Federation.

Article 83 [Powers]
The President of the Russian Federation shall:
a) appoint Chairman of the Government of the Russian Federation subject to consent of the House of Representatives [State Duma];
b) have the right to preside over meetings of the Government of the Russian Federation;
c) decide on resignation of the Government of the Russian Federation;
d) introduce to the House of Representatives [State Duma] a candidature for appointment to the office of the Chairman of the Central Bank of the Russian Federation; submit to the House of Representatives [State Duma] the proposal on relieving the Chairman of the Central Bank of the Russian Federation of his duties;
e) appoint and dismiss deputy chairmen of the Government of the Russian Federation and federal ministers as proposed by the Chairman of the Government of the Russian Federation;
f) submit to the Federation Council candidates for appointment to the office of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation as well as the candidate for Prosecutor-General of the Russian Federation; submit to the Federation Council the
proposal on relieving the Prosecutor-General of the Russian Federation of his duties; appoint the judges of other federal courts.
g) form and head the Security Council of the Russian Federation, the status of which is determined by federal law;
h) endorse the military doctrine of the Russian Federation;
i) form the staff of the President of the Russian Federation;
j) appoint and dismiss plenipotentiary representatives of the President of the Russian Federation;
k) appoint and dismiss the Supreme Command of the Armed Forces of the Russian Federation;
l) appoint and recall, after consultations with the respective committees or commissions of the Federal Assembly, diplomatic representatives of the Russian Federation to foreign states and international organizations.

Article 84 [Powers in Relation to Parliament]
The President of the Russian Federation shall:
a) call elections to the chambers of the House of Representatives [State Duma] in accordance with the Constitution and federal law;
b) dissolve the House of Representatives [State Duma] in cases and under procedures envisaged by the Constitution;
c) call a referendum under procedures established by federal constitutional law;
d) introduce draft laws in the House of Representatives [State Duma];
e) sign and publish federal laws;
f) present annual messages to the Federal Assembly on the situation in the country and on basic directions of the internal and external policies of the state.

Article 85 [Dispute Settlement]

(1) The President of the Russian Federation may use dispute-settlement procedures to settle differences between organs of state power of the Russian Federation and organs of state power of the subjects of the Russian Federation, and also between organs of state power of the subjects of the Russian Federation. If no decision is agreed upon, he may turn the dispute over for review by the respective court of law.
(2) The President of the Russian Federation has the right to suspend acts by organs of executive power of the subjects of the Russian Federation if such acts contravene the Constitution and federal laws, the international obligations of the Russian Federation, or violate human and civil rights and liberties, pending the resolution of the issue in appropriate court.

Article 86 [Diplomacy]
The President of the Russian Federation shall:
a) supervise the conduct of the foreign policy of the Russian Federation;
b) conduct negotiations and sign international treaties of the Russian Federation;
c) sign instruments of ratification;
d) accept credentials and instruments of recall of diplomatic representatives accredited with him.

Article 87 [Commander-in-Chief]

(1) The President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.
(2) In the event of aggression against the Russian Federation or an immediate threat thereof, the President of the Russian Federation introduces martial law on the territory of the Russian Federation or in areas thereof with immediate notification thereof of the Federation Council and the House of Representatives [State Duma].

Article 88 [State of Emergency]
Under the circumstances and procedures envisaged by the
Federal Constitutional Law, the President of the Russian Federation imposes a state of emergency on the territory of the Russian Federation or in areas thereof with immediate notification of the Federation Council and the House of Representatives [State Duma].

Article 89 [Decorations, Pardon]
The President of the Russian Federation shall:
a) resolve issues of citizenship of the Russian Federation and of granting political asylum;
b) award state decorations of the Russian Federation, confer honorary titles of the Russian Federation and top military ranks and top specialized titles;
c) grant pardon.

Article 90 [Decrees, Executive Orders]

(1) The President of the Russian Federation issues decrees and executive orders.
(2) The decrees and orders of the President of the Russian Federation are binding throughout the territory of the Russian Federation.
(3) The decrees and orders of the President of the Russian Federation may not contravene the Constitution or federal laws.

Article 91 [Immunity]
The President of the Russian Federation possesses immunity.

Article 92 [Term Limits]

(1) The President of the Russian Federation assumes his powers from the time he is sworn in and terminate his exercise of such powers with the expiry of his tenure of office from the time the newly-elected President of the Russian Federation is sworn in.
(2) The powers of the President of the Russian Federation is terminated in the event of his resignation or sustained inability due to health to discharge his powers or in the event of impeachment. In such cases new elections of the President of the Russian Federation is held not later than three months after the early termination of the President's powers.
(3) In all cases when the President of the Russian Federation is unable to perform his duties such duties are temporarily performed by the chairman of the Government of the Russian Federation. The acting president of the Russian Federation has no right to dissolve the House of Representatives [State Duma], call a referendum or make proposals on amendment or revision of the provisions of the Constitution.

Article 93 [Impeachment]

(1) The President of the Russian Federation may be impeached by the Federation Council only on the basis of charges put forward against him of high treason or some other grave crime, confirmed by a ruling of the Supreme Court of the Russian Federation on the presence of indicia of crime in the President's actions and by a ruling of the Constitutional Court of the Russian Federation confirming that the procedure of bringing charges has been observed.
(2) The ruling of the House of Representatives [State Duma] on putting forward charges and the decision of the Federation Council on impeachment of the President is passed by the votes of two-thirds of the total number in each of the chambers at the initiative of at least one-third of the deputies of the House of Representatives [State Duma] and in the presence of the opinion of a special commission formed by the House of Representatives [State Duma].
(3) The decision of the Federation Council on impeaching the President of the Russian Federation is passed within three months of the charges being brought against the President by the House of Representatives [State Duma]. The charges against the President are considered to be rejected if the decision of the Federation Council is not passed.

Chapter 5 Federal Assembly


Article 94 [Supreme Legislative Body]
The Federal Assembly -- Parliament of the Russian Federation -- is the supreme representative and legislative body of the Russian Federation.

Article 95 [Two Chambers]

(1) The Federal Assembly consists of two chambers -- the Federation Council and the House of Representatives [State Duma].
(2) Two deputies from each subject of the Federation are members of Federation Council: one from the representative and one from the executive bodies of state authority.
(3) The House of Representatives [State Duma] consists of 450 deputies.

Article 96 [House of Representatives: State Duma]

(1) The House of Representatives [State Duma] is elected for a term of four years.
(2) The procedure for forming the Federation Council and the procedure for electing deputies to the House of Representatives [State Duma] is established by federal law.

Article 97 [Eligibility]

(1) Any citizen of the Russian Federation aged 21 and older who has the right to take part in elections may be elected deputy to the House of Representatives [State Duma].
(2) One and the same person may not concurrently be a deputy to the Federation Council and to the House of Representatives [State Duma]. A deputy to the House of Representatives [State Duma] may not be a deputy to any other representative body of state power or bodies of local self-government.
(3) The deputies to the House of Representatives [State Duma] work on a permanent professional basis. Deputies to the House of Representatives [State Duma] may not be employed in the civil service or engage in any activities for remuneration other than teaching, research or other creative activities.

Article 98 [Immunity]

(1) Deputies to the Federation Council and deputies to the House of Representatives [State Duma] possess immunity throughout their term in office. A deputy may not be detained, arrested, searched except when detained in the act of perpetrating a crime, and may not be subject to personal search except when such search is authorized by law to ensure the safety of other people.
(2) The question of stripping a deputy of immunity is decided on the recommendation of the Prosecutor-General of the Russian Federation by the corresponding chamber of the Federal Assembly.

Article 99 [Sessions]

(1) The Federal Assembly is a permanent body.
(2) The House of Representatives [State Duma] holds its first session on the 30th day after its election. The President of the Russian Federation may convene a session of the House of Representatives [State Duma] before this term.
(3) The first session of the House of Representatives [State Duma] is opened by the oldest deputy.
(4) From the start of the work of the new House of Representatives [State Duma] the powers of the previous House of Representatives [State Duma] cease.

Article 100 [Separation of Chambers]

(1) The Federation Council and the House of Representatives [State Duma] sit separately.
(2) The sessions of the Federation Council and the House of Representatives [State Duma] are open. Each chamber has the right to hold closed sessions as envisaged by its rules.
(3) The chambers may have joint sessions to hear the addresses of the President of the Russian Federation, addresses of the Constitutional Court of the Russian Federation and speeches by leaders of foreign states.

Article 101 [Chairman]

(1) The Federation Council elects from among its members the Chairman of the Federation Council and his deputies. The House of Representatives [State Duma] elects from among its members the Chairman of the House of Representatives [State Duma] and his deputies.
(2) The Chairman of the Federation Council and his deputies, the Chairman of the House of Representatives [State Duma] and his deputies presides over the sessions and supervise the internal rules of the chamber.
(3) The Federation Council and the House of Representatives [State Duma] form committees and commissions, exercise parliamentary supervision over issues within their jurisdiction and hold parliamentary hearings.
(4) Each chamber adopts its own rules and solve questions of internal organization and work.
(5) In order to exercise control over the federal budget the Federation Council and the House of Representatives [State Duma] form an Accounting Chamber, the membership and rules of order of which is determined by federal law.

Article 102 [Jurisdiction of Federation Council]

(1) The jurisdiction of the Federation Council includes: a) approval of changes of borders between the subjects of the Russian Federation;
b) approval of the decree of the President of the Russian Federation on the introduction of martial law;
c) approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;
d) making decisions on the possibility of the use of the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
e) calling of elections of the President of the Russian Federation;
f) impeachment of the President of the Russian Federation;
g) the appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Supreme Court of Arbitration of the Russian Federation;
h) the appointment to office and the removal from office of the Prosecutor-General of the Russian Federation;
i) the appointment to office and removal from office of the deputy Chairman of the Accounting Chamber and half of its staff of its auditors.
(2) The Federation Council passes resolutions on the issues within its jurisdiction under the Constitution.
(3) The decrees of the Federation Council are adopted by a majority of all deputies to the Federation Council unless otherwise provided for by the Constitution.

Article 103 [Jurisdiction of the House of Representatives]

(1) The jurisdiction of the House of Representatives [State Duma] includes:
a) granting consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;
b) decisions on confidence in the government of the Russian Federation;
c) the appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;
d) the appointment and dismissal of the Chairman of the Accounting Chamber and half of its staff of auditors;
e) the appointment and dismissal of the Plenipotentiary for Human Rights acting in accordance with the Federal Constitutional Law;
f) granting amnesty;
g) bringing charges against the President of the Russian Federation for his impeachment.
(2) The House of Representatives [State Duma] adopts resolutions on the issues of its jurisdiction envisaged by the Constitution.
(3) The resolutions of the House of Representatives [State Duma] are adopted by a majority of votes of all deputies of the House of Representatives [State Duma] unless otherwise provided for by the Constitution.

Article 104 [Initiative]

(1) The President of the Russian Federation, the Federation Council, the members to the Federation Council, the deputies to the House of Representatives [State Duma], the Government of the Russian Federation and the legislative (representative) bodies of the subjects of the Russian Federation have the right of legislative initiative. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Court of Arbitration of the Russian Federation also have the right of legislative initiative within their jurisdiction.
(2) Draft laws are introduced in the House of Representatives [State Duma].
(3) The draft laws on the introduction or abolishing of taxes, exemptions from the payment thereof, on the issue of state loans, on changes in the financial obligations of the state and other draft laws providing for expenditures covered from the federal budget may be introduced to the House of Representatives [State Duma] only with a corresponding resolution by the Government of the Russian Federation.

Article 105 [Majority]

(1) Federal laws are passed by the House of Representatives [State Duma].
(2) Federal laws are passed by a majority of votes of all deputies of the House of Representatives [State Duma] unless otherwise provided for by the Constitution.
(3) Laws adopted by the House of Representatives [State Duma] are passed to the Federation Council for review within five days.
(4) A federal law is considered passed by the Federation Council if more than half of its deputies vote for it or if within fourteen days it has not been considered by the Federation Council. In the event the Federation Council rejects the federal law, the chambers may set up a conciliatory commission to settle the differences, whereupon the federal law is again considered by the House of Representatives [State Duma].
(5) In the event the House of Representatives [State Duma] disagrees with the decision of the Federation Council, the federal law is considered adopted if, in the second voting, at least two-thirds of the total number of deputies to the House of Representatives [State Duma] vote for it.

Article 106 [Mandatory Consideration of Federation Council]
The federal laws adopted by the House of Representatives [State Duma] are considered by the Federation Council on a mandatory basis if such laws deal with the issues of: a) the federal budget; b) federal taxes and levies;
c) financial, monetary, credit and customs regulations and money emission;
d) ratification and denunciation of international treaties of the Russian Federation;
e) the status and protection of the state border of the Russian Federation;
f) war and peace.

Article 107 [Signing and Publication]

(1) An adopted federal law is sent to the President of the Russian Federation for signing and publication within five days.
(2) The President of the Russian Federation shall, within fourteen days, sign a federal law and publish it.
(3) If the President rejects a federal law within fourteen days since it was sent to him, the House of Representatives [State Duma] and the Federation Council again consider the law in accordance with the procedure established by the Constitution. If, during the second hearings, the federal law is approved in its earlier draft by a majority of not less than two thirds of the total number of deputies of the Federation Council and the House of Representatives [State Duma], it is signed by the President of the Russian Federation within seven days and published.

Article 108 [Constitutional Laws]

(1) Federal constitutional laws are passed on issues specified in the Constitution.
(2) A federal constitutional law is considered adopted, if it has been approved by a majority of at least three quarters of the total number of deputies of the Federation Council and at least two thirds of the total number of deputies of the House of Representatives [State Duma]. The adopted federal constitutional law is signed by the President of the Russian Federation within fourteen days and published.

Article 109 [Dissolution]

(1) The House of Representatives [State Duma] may be dissolved by the President of the Russian Federation in cases stipulated in Articles 111 and 117 of the Constitution.
(2) In the event of the dissolution of the House of Representatives [State Duma], the President of the Russian Federation determines the date of elections so that the newly-elected House of Representatives [State Duma] convenes not later than four months since the time of dissolution.
(3) The House of Representatives [State Duma] may not be dissolved on grounds provided for by Article 117 of the Constitution within one year after its election.
(4) The House of Representatives [State Duma] may not be dissolved since the time it has brought accusations against the President of the Russian Federation and until a corresponding decision has been taken by the Federation Council.
(5) The House of Representatives [State Duma] may not be dissolved during the period of the state of emergency or martial law throughout the territory of the Russian Federation, as well as within six months of the expiry of the term of office of the President of the Russian Federation.

Chapter 6 The Government of the Russian Federation


Article 110 [Executive Power]

(1) Executive power in the Russian Federation is 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 Chairmen of the Government and federal ministers.

Article 111 [Chairman]

(1) The Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation with consent of the House of Representatives [State Duma].
(2) The proposal on the candidacy of the Chairman of the Government of the Russian Federation is made no later than two weeks after the inauguration of the newly-elected President of the Russian Federation or after the resignation of the Government of the Russian Federation or within one week after the rejection of the candidate by the House of Representatives [State Duma].
(3) The House of Representatives [State Duma] considers the candidacy of the Chairman of the Government of the Russian Federation submitted by the President of the Russian Federation within one week after the nomination.
(4) After the House of Representatives [State Duma] thrice
rejects candidates for Chairman of the Government of the Russian Federation nominated by the President of the Russian Federation, the President of the Russian Federation appoints Chairman of the Government of the Russian Federation, dissolve the House of Representatives [State Duma] and call a new election.

Article 112 [Cabinet]

(1) The Chairman of the Government of the Russian Federation shall, not later than one week after appointment, submit to the President of the Russian Federation proposals on the structures of the federal bodies of executive power.
(2) The Chairman of the Government of the Russian Federation proposes to the President of the Russian Federation candidates for the office of Deputy Chairmen of the Government of the Russian Federation and federal ministers.

Article 113 [Guidelines]
The Chairman of the Government of the Russian Federation, in accordance with the Constitution, federal laws and decrees of the President of the Russian Federation determines the guidelines of the work of the Government of the Russian Federation and organizes its work.

Article 114 [Powers]

(1) The Government of the Russian Federation shall:
a) develop and submit the federal budget to the House of Representatives [State Duma] and ensure compliance therewith; submit a report on the execution of the federal budget to the House of Representatives [State Duma];
b) ensure the implementation in the Russian Federation of a uniform financial, credit and monetary policy;
c) ensure the implementation in the Russian Federation of a uniform state policy in the field of culture, science, education, health, social security and ecology;
d) manage federal property;
e) adopt measures to ensure the country's defense, state security and the implementation of the foreign policy of the Russian Federation;
f) implement measures to ensure legality, the rights and freedoms of citizens, protect property and public law and order and control crime;
g) exercise any other powers vested in it by the Constitution, federal laws and the decrees of the President of the Russian Federation.
(2) The work of the Government of the Russian Federation is regulated by federal constitutional law.

Article 115 [Decrees, Executive Orders]

(1) On the basis of and pursuant to the Constitution, federal laws and normative decrees of the President of the Russian Federation the Government of the Russian Federation issue decrees and orders and ensure their implementation thereof.
(2) The decrees and orders of the Government of the Russian Federation are binding throughout the Russian Federation.
(3) The decrees and executive orders of the Government of the Russian Federation may be repealed by the President of the Russian Federation if they contravene the Constitution, federal laws and the decrees of the President of the Russian Federation.

Article 116 [Term Limits]
The Government of the Russian Federation lays down its powers before the newly-elected President of the Russian Federation.

Article 117 [Resignation]

(1) The Government of the Russian Federation may hand in its resignation which may be accepted or rejected by the President of the Russian Federation.
(2) The President of the Russian Federation may take a decision
about the resignation of the Government of the Russian Federation.
(3) The House of Representatives [State Duma] may express non-confidence in the Government of the Russian Federation. The non-confidence resolution is approved by a simple majority of deputies in the House of Representatives [State Duma]. In the event the House of Representatives [State Duma] again expresses non-confidence in the Government of the Russian Federation within three months, the President of the Russian Federation announces the resignation of the Government or dissolve the House of Representatives [State Duma].
(4) The Chairman of the Government of the Russian Federation may put the question of confidence in the Government of the Russian Federation before the House of Representatives [State Duma]. In the case of a non-confidence vote by the House of Representatives [State Duma], the President decides within seven days about the resignation of the Government of the Russian Federation or about the dissolution of the House of Representatives [State Duma] and call a new election.
(5) If the Government of the Russian Federation resigns or lays down its powers, it shall, following instructions by the President of the Russian Federation, continue working until the formation of a new government of the Russian Federation.

Chapter 7 Judiciary


Article 118 [Administration of Justice]

(1) Justice in the Russian Federation is administered only by law courts.
(2) Judiciary power is exercised to constitutional, civil, administrative and criminal process.
(3) The judiciary system of the Russian Federation is established by the Constitution and the federal constitutional law. The creation of extraordinary courts is forbidden.

Article 119 [Eligibility]
Citizens of the Russian Federation aged 25 and older, holding a law degree and having worked in the law profession for at least five years may become judges The federal law may establish additional requirements for judges in the courts of the Russian Federation.

Article 120 [Endependence of Judges]

(1) Judges are independent and obey only the Constitution and the federal law.
(2) A court of law, having established the illegality of an act of government or any other body, passes a ruling in accordance with law.

Article 121 [Termination of Office]

(1) Judges may not be replaced.
(2) A judge may not have his powers terminated or suspended except under procedures and on grounds established by federal law.

Article 122 [Immunity]

(1) Judges possess immunity.
(2) Criminal proceedings may not be brought against a judge except as provided f or by federal law.

Article 123 [Publicity]

(1) All trials in all law courts are open. The hearing of a case can be in camera in cases provided by the federal law.
(2) Hearing of criminal cases in law courts in absentia are not allowed except the cases provided for by the federal law.
(3) The trial is conducted on an adversarial and equal basis.
(4) In cases stipulated by federal law trials is held by jury.

Article 124 [Financing]
Law courts are financed only out of the federal budget and
financing ensure full and independent administration of justice in accordance with federal law.

Article 125 [Constitutional Court]

(1) The Constitutional Court of the Russian Federation consists of 19 judges.
(2) The Constitutional Court of the Russian Federation on request by the President of the Russian Federation, the House of Representatives [State Duma], one-fifth of the members of the Federation Council or deputies of the House of Representatives [State Duma], the Government of the Russian Federation, the Supreme Court of the Russian Federation and Supreme Arbitration Court of the Russian Federation, bodies of legislative and executive power of subjects of the Russian Federation resolve cases about compliance with the Constitution of:
a) federal laws, normative acts of the President of the Russian Federation, the Federation Council, House of Representatives [State Duma] and the Government of the Russian Federation;
b) republican constitutions, charters, as well as laws and other normative acts of subjects of the Russian Federation published on issues pertaining to the jurisdiction of bodies of state power of the Russian Federation and joint jurisdiction of bodies of state power of the Russian Federation and bodies of state power of subjects of the Russian Federation;
c) agreements between bodies of state power of the Russian Federation and bodies of state power of subjects of the Russian Federation, agreements between bodies of state power of subjects of the Russian Federation;
d) international agreements of the Russian Federation that have not entered into force.
(3) The Constitutional Court of the Russian Federation resolves disputes over jurisdiction:
a) between the federal state bodies;
b) between state bodies of the Russian Federation and state bodies of the subjects of the Russian Federation;
c) between supreme state bodies of subjects of the Russian Federation.
(4) The Constitutional Court of the Russian Federation, proceeding from complaints about violation of constitutional rights and freedoms of citizens and requests from courts reviews the constitutionality of the law applied or due to be applied in a specific case in accordance with procedures established by federal law.
(5) The Constitutional Court of the Russian Federation on request by the President of the Russian Federation, the Federation Council, House of Representatives [State Duma], the Government of the Russian Federation, legislative bodies of subjects of the Russian Federation interprets the Constitution.
(6) Acts and their provisions deemed unconstitutional loose force thereof; international agreements of the Russian Federation may not be enforced and applied if they violate the Constitution.
(7) The Constitutional Court of the Russian Federation on request of the Federation Council rules on compliance with established procedures when charging the President of the Russian Federation with state treason or other grave crime.

Article 126 [Supreme Court]
The Supreme Court of the Russian Federation is the highest judiciary body on civil, criminal, administrative and other matters triable by general jurisdiction courts, and effects judiciary supervision over their activity in line with federal procedural forms and offers explanations on judicial practice issues.

Article 127 [Supreme Arbitration Court]
The Supreme Arbitration Court of the Russian Federation is the highest judiciary body resolving economic disputes and other cases considered by arbitration courts, and carries out judicial
supervision over their activity in line with federal legal procedures and offers explanations on questions of judiciary practice.

Article 128 [Appointment]

(1) Judges of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation, of the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council following nomination by the President of the Russian Federation.
(2) Judges of other federal courts are appointed by the President of the Russian Federation in accordance with procedures established by federal law.
(3) The powers, and procedure of the formation and activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation and other federal courts are established by federal constitutional law.

Article 129 [Prosecutor]

(1) The Prosecutor's Office of the Russian Federation is a single centralized system in which lower prosecutors are subordinated to higher prosecutors and the Prosecutor-General of the Russian Federation.
(2) The Prosecutor-General of the Russian Federation is appointed to his post and relieved from the post by the Federation Council on nomination by the President of the Russian Federation.
(3) Prosecutors of subjects of the Russian Federation are appointed by the Prosecutor-General of the Russian Federation after consultations with its subjects.
(4) Other prosecutors are appointed by the Prosecutor-General of the Russian Federation.
(5) The powers, organization and working procedure for the Prosecutor's Office of the Russian Federation are determined by federal law.

Chapter 8 Local Self-Government


Article 130 [Local Self-Government]

(1) Local self-government in the Russian Federation ensures independent solution by the population of local issues, the ownership, use and disposal of municipal property.
(2) Local self-government is exercised by the citizens through referendums, elections and forms of expression of their will, through elected and other bodies of local self-government.

Article 131 [Localities]

(1) Local self-government is exercised in the cities, rural areas and other localities taking into account historical and other local traditions. The structure of bodies of local self-government is determined by the population independently.
(2) The borders of territorial entities under local self-government are changed only with the consent of their population.

Article 132 [Powers]

(1) The bodies of local self-government independently manage municipal property, form, approve and execute the local budget, establish local taxes and levies, ensure law and order and solve any other local issues.
(2) The bodies of local self-government may be invested under law with certain state powers with the transfer of material and financial resources required to exercise such powers. The exercise of the powers transferred is supervised by the state.

Article 133 [Compensation]
Local self-government in the Russian Federation is guaranteed by the right to judicial protection and compensation for any additional expenses arising from the decisions passed by the
bodies of state power, and the ban on the restrictions of the rights of local self-government established by the Constitution and federal laws.

Chapter 9 Constitutional Amendments and Revisions


Article 134 [Amendments]
Proposals on amendments and revision of constitutional provisions may be made by the President of the Russian Federation, the Federation Council, the House of Representatives [State Duma], the Government of the Russian Federation, legislative (representative) bodies of the subjects of the Russian Federation as well as groups of deputies numbering not less than one-fifth of the total number of deputies of the Federation Council or the House of Representatives [State Duma].

Article 135 [Restrictions]

(1) The provisions of Chapters 1, 2 and 9 of the Constitution may not be revised by the Federal Assembly.
(2) In the event a proposal to revise any provisions in Chapters 1, and 9 of the Constitution is supported by three-fifths of the total number of deputies of the Federation Council and the House of Representatives [State Duma], a Constitutional Assembly is convened in accordance with the federal constitutional law.
(3) The Constitutional Assembly may either confirm the inviolability of the Constitution or develop a new draft of the Constitution which is adopted by two-thirds of the total number of deputies to the Constitutional Assembly or submitted to popular voting. The Constitution is considered adopted during such poll if more than half of its participants have voted for it, provided more than half of the electorate have taken part in the poll.

Article 136 [Majority]
Amendments to Chapters 3 to 8 of the Constitution are adopted in accordance with the procedures envisaged for the adoption of a federal constitutional law and come into force following the approval thereof by no less than two-thirds of the subjects of the Russian Federation.

Article 137 [Republics, Regions, Territories]

(1) Changes to Article 65 of the Constitution which determines the composition of the Russian Federation, are made on the basis of the federal constitutional law on admission to the Russian Federation and the formation within the Russian Federation of a new subject and on a change of the constitutional-legal status of the subject of the Russian Federation.
(2) In the event of a change in the name of the republic, territory, region, federal cities, autonomous region and autonomous area, the new name of the subject of the Russian Federation is included in Article 65 of the Constitution.

[Part II] Second Part: Concluding and Transitional Provisions


Section 1

(1) The Constitution comes into force from the day of its official publication on the basis of the results of a nationwide vote.
(2) The election day, December 12, 1993 is considered the day of adoption of the Constitution.
(3) Simultaneously, the Constitution (Fundamental Law) of the Russian Federation - Russia, adopted 12 April, 1978, with the changes and amendments that followed, ceases to be valid.
(4) In the event of a situation of nonconformity between the Constitution and the Federal Treaty - the Agreement on the Delineation of Jurisdiction and Powers between the Federal Bodies of State Power of the Russian Federation and the Bodies
of State Power of the Sovereign Republics making up the Russian Federation, the Agreement on the Delineation of Jurisdiction and Powers between the Federal Bodies of State Power of the Russian Federation and Bodies of State Power of the territories, regions, the cities of Moscow and St. Petersburg of the Russian Federation, the Agreement on the Delineation of Jurisdiction and Powers between the Federal Bodies of State Power of the Russian Federation and Bodies of State power of the autonomous region, autonomous areas making up the Russian Federation, and similarly other agreements between the Federal Bodies of State Power of the Russian Federation and Bodies of State Power of the subjects of the Russian Federation, agreements between Bodies of State Power of the subjects of the Russian Federation, the provisions of the Constitution apply.

Section 2
Laws and other legal acts in effect on the territory of the Russian Federation until the enactment of this Constitution are enforced in so far as they do not contravene the Constitution.

Section 3
The President of the Russian Federation, elected in accordance with the Constitution (Fundamental Law) of the Russian Federation - Russia, from the day this Constitution takes effect exercises the powers set down in the Constitution until the end of his term for which he was elected.

Section 4
The Council of Ministers - the Government of the Russian Federation from the day this Constitution takes effect assumes the rights, duties and responsibilities of the Government of the Russian Federation set down in the Constitution and in future is designated as the Government of the Russian Federation.

Section 5

(1) Courts in the Russian Federation exercise the right to administer justice in accordance with their powers as set down in this Constitution.
(2) After the Constitution takes effect the judges of all courts of the Russian Federation preserve their powers until the end of their terms for which they were elected. Vacancies are filled in accordance with the procedures set down in this Constitution.

Section 6

(1) Until the adoption of a federal law setting forth the procedures for trial by jury, the prior procedure for conducting trials is retained.
(2) Until the enforcement of criminal-procedural legislation of the Russian Federation in accordance with the provisions of this Constitution, the prior procedures of the arrest, custody and detention of individuals suspected of committing crimes is maintained.

Section 7
The Federal Council and the House of Representatives [State Duma] of the first convocation is elected for a two-year term.

Section 8
The Federation Council holds its first session on the 30th day after election. The first session of the Federation Council is opened by the President of the Russian Federation.

Section 9

(1) A deputy of the House of Representatives [State Duma] of the first convocation may simultaneously be a member of the Government of the Russian Federation. Deputies of the House of Representatives [State Duma] - members of the Government of the Russian Federation - are not covered by the provisions of this Constitution concerning deputies' immunity from
responsibility for their activities (or their lack of activity) connected with the execution of their official duties.
(2) Deputies of the Federation Council of the first convocation exercise their powers on a temporary basis.

http://www.servat.unibe.ch/law/icl/rs00000_.html
http://www.servat.unibe.ch/law/icl/index.html

Aucun commentaire: