Constitutional Changes and the Russian Philosophy of Justice

On October 7, 1977, the sixtieth anniversary of the Russian Revolution, a new constitution was unveiled. Unlike earlier constitutions which emphasized repression and exploitation, the current constitution represents the latest progressive step on the road to a complete communist state.

Although the public was involved in the revisions made in the constitution, it is believed that their input was cosmetic. The power of the Communist Party was strengthened, however; and from this one might conclude that the system of justice is also party controlled.

On paper many provisions of the Soviet right to due process are similar to those in the United States. The major difference is that these rights may be denied a citizen charged with a crime. A follow-up to the new constitution is to be the recodification of the entire Russian criminal code by 1985.     

The ICC and Russian Constitutional Problems

The Statute of the International Criminal Court (the ICC Statute)has not yet been submitted to the Russian parliamentary chambers,the Duma, and the Council of the Federation. However, an Inter-AgencyPanel led by the Ministry of Justice has been set up, with aview to drafting amendments to current Russian legislation andfacilitating Russia's cooperation with the ICC. Major problemsstanding in the way of Russia's ratification include certainprovisions of Russia's Constitution, which, for instance, donot provide for an international court substituting nationalcourts, and lay down the right to jury trial and the right toseek pardon. However, there are various ways of reconcilingthe Constitution with the ICC Statute. In short, there are noinsurmountable legal hurdles to harmonizing the Russian Constitutionand laws with the ICC Statute: the question of Russia's ratificationis mostly a question of political will.     

Constitutional Judicial Review in the Russian Federation

The institution of constitutional judicial review has acquired a new legal foundation for its application: the Constitution of the Russian Federation (RF), adopted on 12 December 1993; the federal constitutional Law on the Constitutional Court of the Russian Federation of 21 June 1994; and other acts. However, the opportunities for full implementation of this new legislation on constitutional judicial review in the Russian Federation are constrained by problems from the past: first of all, by the problem of depoliticization, which has assumed exaggerated proportions as a result of the lack of practical success that marked the first stage of the Constitutional Court's operation in Russia. The resolution of this problem has become a condition for the viability of specialized constitutional judicial review in the RF. The difficulty of understanding and mastering this problem is further aggravated by the ambiguous nature of the institution of constitutional judicial review, not only in the Russian model but also in the classical model of its organization. For it is indisputable that constitutional judicial review is a component of the mechanism of judicial authority, regardless of where it is situated in the constitutional structure of power. However, constitutional judicial review cannot be wholly equated with traditional judicial functions since it is at the same time also a political activity undertaken through a jurisdictional form.     

Constitutional Court of the Russian Federation,Ruling of February 8, 2001, No. 15-O

In Nal' chik they are estimating the losses caused at residences during an attack by fighters and are replacing glass in the buildings in the Iskozh neighborhood, located near the third city division of internal affairs, where the fighters held hostages for more than a day.     

Constitutional Court of the Russian Federation,Determination of October 3, 2002, No. 233-O

A group of members of the Public Chamber adopted a petition addressed to the parliament. It contains a proposal to improve the legislation in the sphere of countering extremist activity.     

Constitutional Court of the Russian Federation,Decree of July 17, 2002, No. 13-P

Arbitrazh defended the supervisors against the journalists     

Constitutional Court of the Russian Federation,Ruling of May 15, 2001, No. 134-O

An article in Rossiiskaia gazeta became the reason for initiation of a criminal case against Ruslan Nakhushev, a lawyer and religious figure well known in Nal'chik. But many lawyers think that the future of the case is transparent, due to the flaws in domestic legislation.     

Chechnya's Right of Secession under Russian Constitutional Law

This article was written in a period of time when the escalationof the armed conflict in Northern Caucasus and particularlyin Chechnya reached the zenith of violence and unpardonablehuman slaughter.¹ Although contemporary international law doesnot accept the separatist movement's claims to create its ownstatehood, we have to look at the constitutional proceduresfor the modifications of the Fundamental Law of the RussianFederation: At the same time, the political situation afterthe dissolution of the former Soviet Union, the strong presidentialpowers in the constitutional hierarchy of executive organs,and the evident tensions between them and the Russian constitutionaltraditions have to be taken into account. The ambiguous and complicated character of the Chechen conflictis due to the fact that the Russian Federation has tried tokeep this conflict from the attention of the international communityby claiming that the Russian-Chechen conflict is an entirelyinternal matter. It is doubtful in this case if the Russianleadership, who have continued their tough policy, will finda peaceful solution to the almost ten-year armed conflict inthe region. Footnotes ^*LLM, Sofia University "Saint Kliment Ohridski", Faculty ofLaw.     

Supervision of the Execution of Decisions of the Constitutional Court of the Russian Federation

In the middle of 2000, efforts to bring the legislation of subjects of the Federation into correspondence with federal norms were greatly intensified in our state. A pressing problem in this connection is the timely implementation of decisions of the Constitutional Court of the Russian Federation (RF).     

Book Review “M. Nicolini,S. Bagni,Comparative Constitutional Justice,Eleven, 2021”

Liverpool Law Review -     

Discreet Signs of the Supreme Idea: On Certain Transcendent Categories in Russian and Soviet Constitutional Law

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The purpose of this article is to analyse world-view and mythological expressions in Russian and...     

Decree of the President of the Russian Federation No. 1377 of October 14, 2012, Moscow, "On Disciplinary Regulations for the Bodies of Internal Affairs of the Russian Federation"

Decree No. 1377 sets the standards of the service discipline, defines rights and obligations of employees and supervisors in observing the service discipline, and establishes awards and disciplinary sanctions in the bodies of internal affairs of the Russian Federation.