Chapter 1. The Fundamentals of the Constitutional System 


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Chapter 1. The Fundamentals of the Constitutional System



The First Section

 

Chapter 1. The Fundamentals of the Constitutional System

 

Article 1

 

1. The Russian Federation - Russia is a democratic federal law-governed State with a republican form of government.

 

2. The names "Russian Federation" and "Russia" shall be equal.

 

Article 2

Man, his rights and freedoms are the supreme value. The recognition, observance and protection of the rights and freedoms of man and citizen are duties of the State.

 

Article 3

 

1. The bearer of sovereignty and the only source of power in the Russian Federation shall be its multinational people.

 

2. The people shall exercise their power directly, and also through the bodies of state power and local self-government.

 

3. The supreme direct expression of the power of the people shall be referenda and free elections.

 

4. No one may usurp power in the Russian Federation. Seizure of power or usurping state authority shall be prosecuted under federal law.

 

Article 4

 

1. The sovereignty of the Russian Federation shall cover the whole of its territory.

 

2. The Constitution of the Russian Federation and federal laws shall have supremacy in the whole territory of the Russian Federation.

 

3. The Russian Federation shall ensure the integrity and inviolability of its territory.

 

Article 5

 

1. The Russian Federation consists of republics, territories, regions, cities of federal importance, an autonomous region and autonomous areas - equal subjects of the Russian Federation.

 

2. A republic (State) shall have its own constitution and legislation. A territory, region, city of federal importance, autonomous region, and autonomous area shall have its charter and legislation.

 

3. The federal structure of the Russian Federation is based on its state integrity, the unity of the system of state authority, the division of authority and powers between the bodies of state power of the Russian Federation and bodies of state power of the subjects of the Russian Federation, the equality and self-determination of peoples in the Russian Federation.

 

4. In relations with federal bodies of state authority all the subjects of the Russian Federation shall be equal.

 

Article 6

 

1. Citizenship of the Russian Federation shall be acquired and terminated according to federal law; it shall be one and equal, irrespective of the grounds of acquisition.

 

2. Every citizen of the Russian Federation shall enjoy in its territory all the rights and freedoms and bear equal duties provided for by the Constitution of the Russian Federation.

 

3. A citizen of the Russian Federation may not be deprived of his or her citizenship or of the right to change it.

 

See Federal Law No. 62-FZ of May 31, 2002 on Russian Federation Citizenship

 

Article 7

 

1. The Russian Federation is a social State whose policy is aimed at creating conditions for a worthy life and the unhindered development of man.

 

2. In the Russian Federation the labour and health of people shall be protected, guaranteed minimum wages and salaries shall be established, state support ensured for the family, maternity, paternity and childhood, for disabled persons and the elderly, a system of social services developed, state pensions, allowances and other social security guarantees shall be established.

 

Article 8

 

1. In the Russian Federation guarantees shall be provided for the integrity of the economic space, a free flow of goods, services and financial resources, support for competition, and the freedom of economic activity.

 

2. In the Russian Federation recognition and equal protection shall be given to private, state, municipal and other forms of ownership.

 

Article 9

 

1. Land and other natural resources shall be utilised and protected in the Russian Federation as the basis of life and activity of the people living in the corresponding territories.

 

2. Land and other natural resources may be in private, state, municipal and other forms of ownership.

 

Article 10

State power in the Russian Federation shall be exercised on the basis of its division into legislative, executive and judicial. The legislative, executive and judicial authorities shall be independent.

 

Article 11

 

1. State power in the Russian Federation shall be exercised by the President of the Russian Federation, the Federal Assembly (the Council of the Federation and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation.

 

2. State power in the subjects of the Russian Federation shall be exercised by the bodies of state authority created by them.

 

3. The division of authority and powers among the bodies of state power of the Russian Federation and the bodies of state power of the subjects of the Russian Federation shall be effectuated by this Constitution, federal and other treaties on the delimitation of the authority and powers.

 

Article 12

In the Russian Federation local self-government shall be recognised and guaranteed. Local self-government shall be independent within the limits of its authority. The bodies of local self-government shall not be part of the system of state authorities.

 

Article 13

 

1. In the Russian Federation ideological diversity shall be recognised.

 

2. No state or obligatory ideology may be established as one.

 

3. In the Russian Federation political diversity and the multi-party system shall be recognised.

 

4. Public associations shall be equal before the law.

 

5. The creation and activities of public associations whose aims and actions are aimed at a forced change of the fundamental principles of the constitutional system and at violating the integrity of the Russian Federation, at undermining its security, at setting up armed units, and at instigating social, racial, national and religious strife shall be prohibited.

 

Concerning activities of public associations see Federal Law No. 82-FZ of May 19, 1995 on Public Associations and Federal Law No. 95-FZ of July 11, 2001 on Political Parties

 

Article 14

 

1. The Russian Federation is a secular state. No state or obligatory religion may be established.

 

2. Religious associations shall be separate from the State and shall be equal before the law.

 

See Federal Law No. 125-FZ of September 26, 1997 on the Freedom of Conscience and Religious Associations

 

Article 15

 

1. The Constitution of the Russian Federation shall have the supreme juridical force, direct application and shall be used on the whole territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation shall not contradict the Constitution of the Russian Federation.

 

2. The bodies of state authority, bodies of local self-government, officials, private citizens and their associations shall be obliged to observe the Constitution of the Russian Federation and laws.

 

3. Laws shall be officially published. Unpublished laws shall not be used. Normative legal acts concerning human rights, freedoms and duties of man and citizen may not be used, if they are not officially published for general knowledge.

 

4. The universally-recognised norms of international law and international treaties and agreements of the Russian Federation shall be a component part of its legal system. If an international treaty or agreement of the Russian Federation establishes other rules than those envisaged by law, the rules of the international agreement shall be applied.

 

Article 16

 

1. The provisions of the present chapter of the Constitution comprise the fundamental principles of the constitutional system of the Russian Federation, and may not be changed otherwise than according to the rules established by the present Constitution.

 

2. No other provision of the present Constitution may contradict the fundamental principles of the constitutional system of the Russian Federation.

 

Article 17

 

1. In the Russian Federation recognition and guarantees shall be provided for the rights and freedoms of man and citizen according to the universally recognised principles and norms of international law and according to the present Constitution.

 

2. Fundamental human rights and freedoms are inalienable and shall be enjoyed by everyone from the day of birth.

 

3. The exercise of the rights and freedoms of man and citizen shall not violate the rights and freedoms of other people.

 

Article 18

The rights and freedoms of man and citizen shall operat directly. They determine the essence, meaning and implementation of laws, the activities of the legislative and executive authorities, local self-government and shall be ensured by the administration of justice.

 

Article 19

 

1. All people shall be equal before the law and courts.

 

2. The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, nationality, language, origin, property and official status, place of residence, religion, convictions, membership of public associations, and also of other circumstances. All forms of limitations of human rights on social, racial, national, linguistic or religious grounds shall be banned.

 

3. Men and women shall enjoy equal rights and freedoms and have equal possibilities to exercise them.

 

Article 20

 

1. Everyone shall have the right to life.

 

2. Capital punishment until its complete abolition may be envisaged by a federal law only as a penalty for especially grave crimes against life, and the accused shall be granted the right to have his case examined by a jury.

 

Article 21

 

1. Human dignity shall be protected by the State. Nothing may serve as a basis for its derogation.

 

2. No one shall be subject to torture, violence or other cruel or humiliating treatment or punishment. No one may be subject to medical, scientific and other experiments without voluntary consent.

 

Article 22

 

1. Everyone shall have the right to freedom and personal immunity.

 

2. Arrest, detention and remanding in custody shall be allowed only by court decision. Without the court's decision a person may not be detained for a term of more than 48 hours.

 

Article 23

 

1. Everyone shall have the right to the inviolability of private life, personal and family secrets, the protection of one's honour and good name.

 

2. Everyone shall have the right to privacy of correspondence, of telephone conversations, postal, telegraph and other messages. Limitations of this right shall be allowed only by court decision.

 

Article 24

 

1. The collection, keeping, use and dissemination of information about the private life of a person shall not be allowed without his or her consent.

 

2. The bodies of state authority and local self-government, their officials shall ensure for everyone the possibility of acquainting themselves with the documents and materials directly affecting his or her rights and freedoms, unless otherwise provided for by law.

 

Article 25

The home shall be inviolable. No one shall have the right to enter a home against the will of those living there, except for the cases established by a federal law or by court decision.

 

Article 26

 

1. Everyone shall have the right to determine and indicate his nationality. No one may be forced to determine and indicate his or her nationality.

 

2. Everyone shall have the right to use his or her native language, to a free choice of the language of communication, upbringing, education and creative work.

 

Article 27

 

1. Everyone who legally stays in the territory of the Russian Federation shall have the right to free travel, choice of place of stay or residence.

 

2. Everyone may freely leave the Russian Federation. Citizens of the Russian Federation shall have the right to freely return to the Russian Federation.

 

On the procedure of exit from the Russian Federation and entry into the Russian Federation see Federal Law No. 114-FZ of August 15, 1996

 

Article 28

Everyone shall be guaranteed the freedom of conscience, the freedom of religion, including the right to profess individually or together with others any religion or to profess no religion at all, to freely choose, possess and disseminate religious and other views and act according to them.

 

See Federal Law No. 125-FZ of September 26, 1997 on the Freedom of Conscience and Religious Associations

 

Article 29

 

1. Everyone shall be guaranteed the freedom of ideas and speech.

 

2. Propaganda or agitation instigating social, racial, national or religious hatred and strife shall not be allowed. The propaganda of social, racial, national, religious or linguistic supremacy shall be banned.

 

3. No one may be forced to express his views and convictions or to reject them.

 

4. Everyone shall have the right to freely look for, receive, transmit, produce and distribute information by any legal means. The list of data comprising state secrets shall be determined by a federal law.

 

5. The freedom of mass communication shall be guaranteed. Censorship shall be banned.

 

Article 30

 

1. Everyone shall have the right to association, including the right to create trade unions for the protection of his or her interests. The freedom of activity of public association shall be guaranteed.

 

2. No one may be compelled to join any association and remain in it.

 

Concerning trade unions, their rights and guarantees for their activity see Federal Law No. 10-FZ of January 12, 1996

Concerning activities of public associations see Federal Law No. 82-FZ of May 19, 1995 on Public Associations and Federal Law No. 95-FZ of July 11, 2001 on Political Parties

 

Article 31

Citizens of the Russian Federation shall have the right to assemble peacefully, without weapons, hold rallies, meetings and demonstrations, marches and pickets.

 

On Rallies, Meetings, Demonstrations, Marches and Picketing, see Federal Law No. 54-FZ of June 19, 2004

 

Article 32

 

1. Citizens of the Russian Federation shall have the right to participate in managing state affairs both directly and through their representatives.

 

2. Citizens of the Russian Federation shall have the right to elect and be elected to state bodies of power and local self-government bodies, and also to participate in referenda.

 

As to the Referendum of the Russian Federation, see Federal Constitutional Law No. 5-FKZ of June 28, 2004

 

3. Citizens recognised by court as legally unfit, as well as citizens kept in places of confinement under a court sentence, shall be deprived of the right to elect and be elected.

 

4. Citizens of the Russian Federation shall enjoy equal access to state service.

 

5. Citizens of the Russian Federation shall have the right to participate in administering justice.

 

Article 33

Citizens of the Russian Federation shall have the right to address personally, as well as to submit individual and collective appeals to state bodies and local self-government bodies.

 

On the procedure for handling applications of citizens of the Russian Federation, see Federal Law No. 59-FZ of May 2, 2006

 

Article 34

 

1. Everyone shall have the right to free use of his abilities and property for entrepreneurial and economic activities not prohibited by law.

 

2. Economic activity aimed at monopolization and unfair competition shall not be allowed.

 

Article 35

 

1. The right of private property shall be protected by law.

 

2. Everyone shall have the right to have property, possess, use and dispose of it both personally and jointly with other people.

 

3. No one may be deprived of property other than by a court decision. Forced confiscation of property for state needs may be carried out only with the condition that preliminary and complete compensation.

 

4. The right of inheritance shall be guaranteed.

 

Article 36

 

1. Citizens and their associations shall have the right to possess land as private property.

 

2. Possession, utilization and disposal of land and other natural resources shall be exercised by the owners freely, if it is not detrimental to the environment and does not violate the rights and lawful interests of other people.

 

3. The terms and rules for the use of land shall be established by a federal law.

 

Article 37

 

1. Labour is free. Everyone shall have the right to freely use his labour capabilities, to choose the type of activity and profession.

 

2. Forced labour shall be banned.

 

3. Everyone shall have the right to labour conditions meeting the safety and hygiene requirements, to labour remuneration without any discrimination whatsoever and to wages and salaries not lower than the minimum established by federal law, as well as the right to protection against unemployment.

 

4. Recognition shall be given to the right to individual and collective labour disputes with the use of methods for their resolution established by federal law, including the right to strike.

 

5. Everyone shall have the right to rest and leisure. Those working under labour contracts shall be guaranteed a fixed duration of working time, days off and holidays, and annual paid leave established by federal law.

 

Article 38

 

1. Maternity and childhood, and the family shall be protected by the State.

 

2. Care for children and their upbringing shall be equally the right and obligation of parents.

 

3. Able-bodied children over 18 years of age shall take care of disabled parents.

 

Article 39

 

1. Everyone shall be guaranteed social security at the expense of the State in old age, in case of illness, disability, loss of the bread-winner, for bringing up children and in other cases established by law.

 

2. State pensions and social allowances shall be established by law.

 

3. Promotion shall be given to voluntary social insurance and the creation of additional forms of social security and charity.

 

Article 40

 

1. Everyone shall have the right to a home. No one may be arbitrarily deprived of his or her home.

 

2. The bodies of state authority and local self-government shall encourage housing construction and create conditions for exercising the right to a home.

 

3. People on low-incomes and other persons mentioned in law and in need of a home shall receive it gratis or for reasonable payment from the state, municipal and other housing stocks according to the norms established by law.

 

Article 41

 

1. Everyone shall have the right to health protection and medical aid. Medical aid in state and municipal health establishments shall be rendered to individuals gratis, at the expense of the corresponding budget, insurance contributions and other proceeds.

 

2. In the Russian Federation federal programmes for protecting and improving the health of the population shall be financed by the State; measures shall be adopted to develop state, municipal and private health services; activities shall be promoted which facilitate the improvement of health, the development of physical culture and sport, ecological and sanitary-epidemiological well-being.

 

3. The concealment by officials of facts and circumstances posing a threat to the life and health of people shall entail responsibility according to federal law.

 

Article 42

Everyone shall have the right to a favourable environment, reliable information about its state and to restitution for damage inflicted on his health and property by ecological transgressions.

 

Article 43

 

1. Everyone shall have the right to education.

 

2. Guarantees shall be provided for general access to and free pre-school, secondary and higher vocational education in state or municipal educational establishments and at enterprises.

 

3. Everyone shall have the right to receive on a competitive basis a free higher education in a state or municipal educational establishment and at an enterprise.

 

4. The basic general education shall be free of charge. Parents or those acting as such shall enable their children to receive a basic general education.

 

5. The Russian Federation shall establish federal state educational standards and support various forms of education and self-education.

 

On education see Law of the Russian Federation No. 3266-1 of July 10, 1992

 

Article 44

 

1. Everyone shall be guaranteed the freedom of literary, artistic, scientific, technical and other types of creative activity, and teaching. Intellectual property shall be protected by law.

 

2. Everyone shall have the right to participate in cultural life and use cultural establishments and to access to items of cultural value.

 

3. Everyone shall be obliged to care for the preservation of cultural and historical heritage and protect monuments of history and culture.

 

Article 45

 

1. State protection of the rights and freedoms of man and citizen shall be guaranteed in the Russian Federation.

 

2. Everyone shall be free to protect his rights and freedoms by all means not prohibited by law.

 

Article 46

 

1. Everyone shall be guaranteed judicial protection of his rights and freedoms.

 

2. Decisions and actions (or inaction) of bodies of state authority and local self-government, public associations and officials may be appealed against in court.

 

3. Everyone shall have the right to appeal, according to international treaties of the Russian Federation, to international bodies for the protection of human rights and freedoms, if all the existing internal state means of legal protection have been exhausted.

 

Article 47

 

1. No one may be deprived of the right to the consideration of his or her case in that court and by that judge in whose cognizance the given case is according to law.

 

2. A person accused of committing a crime shall have the right to the examination of his case by a jury court in cases envisaged by federal law.

 

Article 48

 

1. Everyone shall be guaranteed the right to qualified legal assistance. In cases envisaged by law the legal assistance shall be free.

 

2. Any person detained, taken into custody or accused of committing a crime shall have the right to receive the assistance of a lawyer (counsel for the defence) from the moment of detention, confinement in custody or facing charges accordingly.

 

Article 49

 

1. Everyone accused of committing a crime shall be considered innocent until his guilt is proved according to the rules fixed by federal law and confirmed by the sentence of a court which has come into legal force.

 

2. The accused shall not be obliged to prove his innocence.

 

3. Unremovable doubts about the guilt of a person shall be interpreted in favour of the accused.

 

Article 50

 

1. No one may be convicted twice for one and the same crime.

 

2. In administering justice it shall not be allowed to use evidence received by violating federal law.

 

3. Everyone convicted of a crime shall have the right to appeal against the judgement in a superior court according to the rules envisaged by federal law, as well as to ask for pardon or mitigation of punishment.

 

Article 51

 

1. No one shall be obliged to give evidence incriminating themselves, a husband or wife or close relatives the range of whom is determined by federal law.

 

2. Federal law may envisage other cases of absolution from the obligation to testify.

 

Article 52

The rights of victims of crimes and of abuse of office shall be protected by law. The State shall provide access to justice for them and compensation for the damage sustained.

 

Article 53

Everyone shall have the right to state compensation for damage caused by unlawful actions (inaction) of bodies of state authority and their officials.

 

Article 54

 

1. A law introducing or aggravating responsibility shall not have retrospective effect.

 

2. No one may bear responsibility for an action which was not regarded as a crime when it was committed. If after violating the law the relevant responsibility is eliminated or mitigated, the new law shall be applied.

 

Article 55

 

1. The listing in the Constitution of the Russian Federation of the fundamental rights and freedoms shall not be interpreted as a rejection or derogation of other universally recognized human rights and freedoms.

 

2. In the Russian Federation no laws shall be adopted cancelling or derogating human rights and freedoms.

 

3. The rights and freedoms of man and citizen may be limited by federal law only to the extent necessary for the protection of the fundamental principles of the constitutional system, morality, health, the rights and lawful interests of other people, for ensuring defence of the country and security of the State.

 

Article 56

 

1. In conditions of a state of emergency, in order to ensure the safety of citizens and the protection of the constitutional system and in accordance with federal constitutional law certain limitations may be placed on human rights and freedoms with the establishment of the extent and duration of such limitations.

 

2. A state of emergency may be introduced in the whole territory of the Russian Federation and in certain parts thereof in the circumstances and according to the rules established by the federal constitutional law.

 

See Federal Constitutional Law No. 3-FKZ of May 30, 2001 on the State of Emergency

 

3. The rights and freedoms envisaged in Articles 20, 21, 23 (the first part), 24, 28, 34 (the first part),40 (the first part), 46-54 of the Constitution of the Russian Federation, shall not be liable to limitation.

 

Article 57

Everyone shall be obliged to pay the legally established taxes and dues. Laws introducing new taxes or deteriorating the position of taxpayers may not have retroactive effect.

 

Article 58

Everyone shall be obliged to preserve nature and the environment, treat and carefully the riches of nature.

 

Article 59

 

1. Defence of the Fatherland shall be a duty and obligation of citizens of the Russian Federation.

 

2. A citizen shall carry out military service according to federal law.

 

3. A citizen of the Russian Federation shall have the right to replace military service by alternative civilian service if his convictions or religious belief prohibit military service and also in other cases envisaged by federal law.

 

Article 60

A citizen of the Russian Federation may exercise his or her rights and duties in full from the age of 18.

 

Article 61

 

1. A citizen of the Russian Federation may not be deported from Russia or extradited to another State.

 

2. The Russian Federation shall guarantee its citizens protection and patronage abroad.

 

Article 62

 

1. A citizen of the Russian Federation may hold the citizenship of a foreign State (dual citizenship) according to federal law or an international agreement of the Russian Federation.

 

2. The possession of foreign citizenship by a citizen of the Russian Federation shall not derogate his rights and freedoms and shall not free him from the obligations stipulated by Russian citizenship, unless otherwise provided for by federal law or an international agreement of the Russian Federation.

 

3. Foreign nationals and stateless persons shall enjoy in the Russian Federation the rights and bear the obligations of citizens of the Russian Federation, except for cases envisaged by federal law or international agreement of the Russian Federation.

 

See Federal Law No. 115-FZ of July 25, 2002 on the Legal Position of Foreign Citizens in the Russian Federation

 

Article 63

 

1. The Russian Federation shall grant political asylum to foreign nationals and stateless persons according to the universally recognised norms of international law.

 

2. In the Russian Federation it shall not be allowed to extradite to other States those people who are persecuted for political convictions, as well as for actions (or inaction) not recognised as a crime in the Russian Federation. The extradition of people accused of a crime, and also the handing over of convicted persons to serve sentences in other States shall be carried out on the basis of federal law or the international agreement of the Russian Federation.

 

See the Regulations on the Procedure for Granting Political Asylum by the Russian Federation approved by Decree of the President of the Russian Federation No. 746 of July 21, 1997

 

Article 64

The provisions of the present chapter comprise the basis of the legal status of the individual in the Russian Federation and may not be changed otherwise then according to the rules introduced by the present Constitution.

 

Article 65

 

1. The Russian Federation includes the following subjects of the Russian Federation:

 

Decree of the President of the Russian Federation No. 841 of July 25, 2003 included a new name of an entity of the Russian Federation - Khanty-Mansiisk autonomous area - Yugra in part 1 of Article 65 of theConstitution of the Russian Federation instead of the name the Khanty-Mansiisk autonomous area

Decree of the President of the Russian Federation No. 679 of June 9 9, 2001 included the new designation of an entity of the Russian Federation - the Chuvash Republic - Chuvashia - in part 1 of Article 65 of the Constitution instead of the designation the Chuvash Republic - Chavash respubliki

Decree of the President of the Russian Federation No. 173 of February 10, 1996 included a new designation of an entity of the Russian Federation - the Republic of Kalmykia - in paragraph 1 of Article 65 of the Constitution instead of the designation the Republic of Kalmykia - Khalm Tangch

Decree of the President of the Russian Federation No. 20 of January 9, 1996 included the new designation of an entity of the Russian Federation in paragraph 1 of Article 65 of the Constitution - the Republic of Ingushetia and the Republic of North Ossetia-Alania instead of the designation the Ingush Republic and the Republic of North Ossetia

the Republic of Adygeya (Adygeya), the Republic of Altai, the Republic of Bashkortostan, the Republic of Buryatia, the Republic of Daghestan, the Republic of Ingushetia, the Kabardino-Balkarian Republic, the Republic of Kalmykia, the Karachayevo-Circassian Republic, the Republic of Karelia, the Komi Republic, the Republic of Marii El, the Republic of Mordovia, the Republic of Sakha (Yakutia), the Republic of North Ossetia-Alania, the Republic of Tatarstan (Tatarstan), the Republic of Tuva, the Udmurtian Republic, the Republic of Khakassia, the Chechen Republic, the Chuvash Republic - Chuvashia;

the Altai Territory, the Krasnodar Territory, the Krasnoyarsk Territory, the Primorie Territory, the Stavropol Territory, and the Khabarovsk Territory; the Amur Region, the Archangel Region, the Astrakhan Region, the Belgorod Region, the Bryansk Region, the Vladimir Region, the Volgograd Region, the Vologda Region, the Voronezh Region, the Ivanovo Region, the Irkutsk Region, the Kaliningrad Region, the Kaluga Region, the Kamchatka Region, the Kemerovo Region, the Kirov Region, the Kostroma Region, the Kurgan Region, the Kursk Region, the Leningrad Region, the Lipetsk Region, the Magadan Region, the Moscow Region, the Murmansk Region, the Nizhni Novgorod Region, the Novgorod Region, the Novosibirsk Region, the Omsk Region, the Orenburg Region, the Orel Region, the Penza Region, the Perm Region, the Pskov Region, the Rostov Region, the Ryazan Region, the Samara Region, the Saratov Region, the Sakhalin Region, the Sverdlovsk Region, the Smolensk Region, the Tambov Region, the Tver Region, the Tomsk Region, the Tula Region, the Tyumen Region, the Ulyanovsk Region, the Chelyabinsk Region, the Chita Region, and the Yaroslavl Region;

Moscow, St. Petersburg - cities of federal importance;

the Jewish Autonomous Region;

the Aginsk Buryat Autonomous Area, the Komi-Permyak Autonomous Area, the Koryak Autonomous Area, the Nenets Autonomous Area, the Taimyr (Dolgano-Nenets) Autonomous Area, the Ust-Ordyn Buryat Autonomous Area, the Khanty-Mansi Autonomous Area, the Chukotka Autonomous Area, the Evenki Autonomous Area, and the Yamalo-Nenets Autonomous Area.

 

2. The admission to the Russian Federation and the creation in it of a new subject shall be carried out according to the rules established by the federal constitutional law.

 

See Federal Constitutional Law No. 6-FKZ of December 17, 2001 on the Procedure for Admission to and Formation Within the Russian Federation of a New Constituent Member of the Russian Federation

 

Article 66

 

1. The status of a republic shall be determined by the Constitution of the Russian Federation and the constitution of the republic.

 

2. The status of a territory, region, city of federal importance, autonomous region and autonomous area shall be determined by the Constitution of the Russian Federation and the charter of the territory, region, city of federal importance, autonomous region or autonomous area, adopted by the legislative (representative) body of the corresponding subject of the Russian Federation.

 

3. At the proposal of the legislative and executive bodies of the autonomous region or autonomous area a federal law on the autonomous region or autonomous area may be adopted.

 

4. The relations between the autonomous area within a territory or region may be regulated by a federal law or a treaty between the bodies of state authority of the autonomous area and, accordingly, the bodies of state authority of the territory or region.

 

5. The status of a subject of the Russian Federation may be changed upon mutual agreement of the Russian Federation and the subject of the Russian Federation and according to the federal constitutional law.

 

Article 67

 

1. The territory of the Russian Federation shall include the territories of its subjects, inland waters and territorial sea, and the air space over them.

 

See also Federal Law No. 155-FZ of July 31, 1998 on the Internal Sea Waters, Territorial Sea and Adjacent Zone of the Russian Federation

 

2. The Russian Federation shall possess sovereign rights and exercise jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation according to the rules established by federal law and the norms of international law.

 

See Federal Law No. 191-FZ of December 17, 1998 on the Exclusive Economic Zone of the Russian Federation

See Federal Law No. 187-FZ of November 30, 1995 on the Continental Shelf of the Russian Federation

 

3. The borders between the subjects of the Russian Federation may be changed upon their mutual consent.

 

Article 68

 

1. The Russian language shall be the state language on the whole territory of the Russian Federation.

 

See Federal Law No. 53-FZ of June 1, 2005 on the State Language of the Russian Federation

 

2. The Republics shall have the right to establish their own state languages. In the bodies of state authority and local self-government, state institutions of the republics they shall be used together with the state language of the Russian Federation.

 

3. The Russian Federation shall guarantee to all of its peoples the right to preserve their native language and to create conditions for its study and development.

 

Article 69

The Russian Federation shall guarantee the rights of the indigenous minority peoples according to the universally recognised principles and norms of international law and international treaties and agreements of the Russian Federation.

 

On guarantees of rights of indigenous minority peoples of the Russian Federation, see Federal Law No. 82-FZ of April 30, 1999

 

Article 70

 

1. The state flag, coat of arms and anthem of the Russian Federation, their description and rules for official use thereof shall be established by the federal constitutional law.

 

See Federal Constitutional Law No. 1-FKZ of December 25, 2000 on the National Flag of the Russian Federation

See Federal Constitutional Law No. 2-FKZ of December 25, 2000 on the National Emblem of the Russian Federation

 

2. The capital of the Russian Federation is the city of Moscow. The status of the capital shall be determined by federal law.

 

Article 71

The jurisdiction of the Russian Federation includes:

a) adoption and amending of the Constitution of the Russian Federation and federal laws, control over their observance;

b) federal structure and the territory of the Russian Federation;

c) regulation and protection of the rights and freedoms of man and citizen; citizenship in the Russian Federation, regulation and protection of the rights of national minorities;

 

On the interpretation of Item (d) of Article 71 of the Constitution of the Russian Federation see Decisionof the Constitutional Court of the Russian Federation No. 2-P of January 27, 1999

d) establishment of the system of federal legislative, executive and judicial bodies, the rules for their organisation and activities, formation of federal bodies of state authority;

e) federal state property and its management;

f) establishment of the principles of federal policy and federal programmes in the sphere of state, economic, ecological, social, cultural and national development of the Russian Federation;

 

See the Fundamentals of the Legislation of the Russian Federation on Culture approved by Law of the Russian Federation No. 3612-1 of October 9, 1992

g) establishment of the legal basis for a single market; financial, currency, credit, and customs regulation, money issue, the principles of pricing policy; federal economic services, including federal banks;

h) federal budget, federal taxes and dues, federal regional development funds;

i) federal power systems, nuclear power-engineering, fissionable materials, federal transport, railways, information and communication, outer space activities;

j) foreign policy and international relations of the Russian Federation, international treaties and agreements of the Russian Federation, issues of war and peace;

k) foreign economic relations of the Russian Federation;

l) defence and security; military production; determination of rules of selling and purchasing weapons, ammunition, military equipment and other military property; production of poisonous substances, narcotic substances and rules for their use;

m) determination of the status and protection of the state border, territorial sea, air space, exclusive economic zone and continental shelf of the Russian Federation;

n) judicial system, procurator's office, criminal, criminal procedural and penal legislation, amnesty and pardoning, civil, civil procedural and arbitration procedural legislation, legal regulation of intellectual property;

o) federal law of conflict of laws;

p) meteorological service, standards, metric system, horometry, geodesy and cartography, names of geographical units, official statistics and accounting;

q) state awards and honourary titles of the Russian Federation;

r) federal state service.

 

Article 72

 

1. The joint jurisdiction of the Russian Federation and the subjects of the Russian Federation includes:

a) providing for the correspondence of the constitutions and laws of the republics, the charters and other normative legal acts of the territories, regions, cities of federal importance, autonomous region or autonomous areas to the Constitution of the Russian Federation and federal laws;

b) protection of the rights and freedoms of man and citizen; protection of the rights of national minorities; ensuring the rule of law, law and order, public security and the border zone regime;

c) issues of possession, use and disposal of land, subsoil, water and other natural resources;

d) delimitation of state property;

e) utilization of natural resources, protection of the environment and ensuring ecological safety; specially protected natural territories, protection of historical and cultural monuments;

f) general questions of upbringing, education, science, culture, physical culture and sports;

g) coordination of issues of health care; protection of the family, maternity, paternity and childhood; social protection, including social security;

h) carrying out measures against catastrophes, natural calamities, epidemics, elimination of their aftermath;

i) establishment of common principles of taxation and dues in the Russian Federation;

j) administrative, administrative procedural, labour, family, housing, land, water, and forest legislation; legislation on subsoil and environmental protection;

k) personnel of the judicial and law enforcement agencies; the Bar, notary offices;

l) protection of the traditional habitat and way of life of small ethnic communities;

m) establishment of common principles of organisation of the system of bodies of state authority and local self-government;

 

On the general principles of the organization of the legislative (representative) and executive bodies of state power of the subjects of the Russian Federation see Federal Law No. 184-FZ of October 6, 1999

n) coordination of international and foreign economic relations of the subjects of the Russian Federation, fulfillment of international treaties and agreements of the Russian Federation.

 

See Federal Law No. 4-FZ of January 4, 1999 on Coordination of International and Foreign Economic Relations of the Subjects of the Russian Federation

 

2. The provisions of this Article shall be equally valid for the republics, territories, regions, cities of federal importance, autonomous regions or autonomous areas.

 

Article 73

Outside the limits of authority of the Russian Federation and the powers of the Russian Federation on issues under joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the subjects of the Russian Federation shall possess full state authority.

 

Article 74

 

1. In the territory of the Russian Federation it shall not be allowed to establish customs borders, dues or any other barriers to the free flow of goods, services and financial resources.

 

2. Limitations on the transfer of goods and services may be introduced according to federal law, if it is necessary to ensure security, protect the life and health of people, protect nature and items of cultural values.

 

Article 75

 

1. The monetary unit in the Russian Federation shall be the rouble. Money issue shall be carried out exclusively by the Central Bank of the Russian Federation. Introduction and issue of other currencies in Russia shall not be allowed.

 

2. Protecting and ensuring the stability of the rouble shall be the major task of the Central Bank of the Russian Federation, which it shall fulfil independently of the other bodies of state authority.

 

3. The system of taxes paid to the federal budget and the general principles of taxation and dues in the Russian Federation shall be established by federal law.

 

4. State loans shall be issued according to the rules established by federal law and shall be floated on a voluntary basis.

 

Article 76

 

 

On the interpretation of Part 1 of Article 76 of the Constitution of the Russian Federation see Decision of the Constitutional Court of the Russian Federation No. 2-P of January 27, 1999

1. On the issues under the jurisdiction of the Russian Federation federal constitutional laws and federal laws shall be adopted and have direct action in the whole territory of the Russian Federation.

 

2. On the issues under the joint jurisdiction of the Russian Federation and subjects of the Russian Federation federal laws shall issued and laws and other normative acts of the subjects of the Russian Federation shall be adopted according to them.

 

3. Federal laws may not contradict the federal constitutional laws.

 

4. Outside the limits of authority of the Russian Federation, of the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the republics, territories, regions, cities of federal importance, autonomous region or autonomous areas shall exercise their own legal regulation, including the adoption of laws and other normative acts.

 

5. The laws and other legislative acts of the subjects of the Russian Federation may not contradict the federal laws adopted according to the first and second parts of this Article. In the case of a contradiction between a federal law and an act issued in the Russian Federation the federal law shall be applied.

 

6. In the case of a contradiction between a federal law and a normative act of a subject of the Russian Federation adopted according to the fourth part of this Article, the normative legal act of the subject of the Russian Federation shall be applied.

 

Article 77

 

1. The system of bodies of state authority of the republics, territories, regions, cities of federal importance, autonomous region or autonomous areas shall be established by the subjects of the Russian Federation independently and according to the principles of the constitutional system of the Russian Federation and the general principles of the organisation of representative and executive bodies of state authority established by federal law.

 

2. Within the limits of jurisdiction of the Russian Federation and the powers of the Russian Federation on the issues under the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation the federal bodies of executive authority and the bodies of executive authority of the subjects of the Russian Federation shall make up a single system of executive power of the Russian Federation.

 

Article 78

 

1. The federal bodies of executive power in order to exercise their powers may create their own territorial bodies and appoint corresponding officials.

 

2. The federal bodies of executive power by agreement with the bodies of executive power of the subjects of the Russian Federation may transfer to them the fulfillment of a part of their powers, if this does not contradict the Constitution of the Russian Federation and federal laws.

 

3. The bodies of executive power of the subjects of the Russian Federation by agreement with the federal bodies of executive power may transfer to them the fulfillment of a part of their powers.

 

4. The President of the Russian Federation and the Government of the Russian Federation shall ensure, according to the Constitution of the Russian Federation, the implementation of the powers of federal state authority in the whole territory of the Russian Federation.

 

Article 79

The Russian Federation may participate in interstate associations and transfer to them part of its powers according to international treaties and agreements, if this does not involve the limitation of the rights and freedoms of man and citizen and does not contradict the principles of the constitutional system of the Russian Federation.

 

Article 80

 

1. The President of the Russian Federation shall be the head of the State.

 

2. The President of the Russian Federation shall be guarantor of the Constitution of the Russian Federation, of the rights and freedoms of man and citizen. According to the rules established by the Constitution of the Russian Federation, he shall adopt measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensure coordinated functioning and interaction of all the bodies of state power.

 

Decree of the President of the Russian Federation No. 1602 of September 1, 2000 created the State Council of the Russian Federation, which is an advisory body intended to assist in the implementation of powers of the head of state in the area of coordinated activities and interaction of bodies of state power, and approved the Regulations on it

 

3. According to the Constitution of the Russian Federation and federal laws the President of the Russian Federation shall determine the guidelines of the internal and foreign policies of the State.

 

4. As the head of the State the President of the Russian Federation represent the Russian Federation within the country and in international relations.

 

Article 81

 

 

Law of the Russian Federation on an Amendment to the Constitution of the Russian Federation No. 6-FKZ of December 30, 2008 reworded Part 1 of Article 81 of the Constitution. The new wording of the Part shall enter into force from the day of the official publication of the said Law

The amendments shall be applied with respect to the President of the Russian Federation elected after the entry into force of the said Law

See the Part in the previous wording

1. The President of the Russian Federation shall be elected for a term of six years by citizens of the Russian Federation on the basis of universal equal and direct suffrage by secret ballot.

 

2. Any citizen of the Russian Federation not younger than 35 years of age and with a permanent residence record in the Russian Federation of not less than 10 years may be elected President of the Russian Federation.

 

3. One and the same person may not be elected President of the Russian Federation for more than two terms running.

 

4. The rules for electing the President of the Russian Federation shall determined by the federal law.

 

Article 82

 

1. When taking office the President of the Russian Federation shall take the following oath of loyalty to the people:

"I swear in exercising the powers of the President of the Russian Federation to respect and safeguard the rights and freedoms of man and citizen, to observe and protect the Constitution of the Russian Federation, to protect the sovereignty and independence, security and integrity of the State, to faithfully serve the people".

 

2. The oath shall be taken in a solemn atmosphere in the presence of members of the Council of the Federation, deputies of the State Duma and judges of the Constitutional Court of the Russian Federation.

 

Article 83

The President of the Russian Federation shall:

a) appoint by agreement with the State Duma the Chairman of the Government of the Russian Federation;

b) have the right to chair meetings of the Government of the Russian Federation;

c) adopt decision on the resignation of the Government of the Russian Federation;

d) present to the State Duma a candidate for the appointment to the post of the Chairman of the Central Bank of the Russian Federation, raise before the State Duma the issue of dismissing the Chairman of the Central Bank of the Russian Federation;

e) at the proposal of the Chairman of the Government of the Russian Federation appoint and dismiss deputy chairmen of the Government of the Russian Federation and federal ministers;

f) present to the Council of the Federation candidates for appointment as judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Higher Court of Arbitration of the Russian Federation, as well as a candidate for the post of the Procurator-General of the Russian Federation; submit to the Council of the Federation a proposal to dismiss the Procurator-General of the Russian Federation; appoint judges of other federal courts;

g) form and head the Security Council of the Russian Federation, the status of which is determined by federal law;

h) approve the military doctrine of the Russian Federation;

i) form the Administration of the President of the Russian Federation;

 

Administration of the President of the Russian Federation was formed by Decree of the President of the Russian Federation No. 400 of March 25, 2004

j) appoint and dismiss plenipotentiary representatives of the President of the Russian Federation;

 

The Regulations on a Plenipotentiary Representative of the President of the Russian Federation In a Region of the Russian Federation were approved by Decree of the President of the Russian Federation No. 696 of July 9, 1997

k) appoint and dismiss the supreme command of the Armed Forces of the Russian Federation;

l) after consultations with corresponding committees and commissions of the chambers of the Federal Assembly appoint and recall diplomatic representatives of the Russian Federation in foreign States and international organisations.

 

Article 84

The President of the Russian Federation shall:

a) announce elections to the State Duma according to the Constitution of the Russian Federation and the federal law;

b) dissolve the State Duma in cases and according to the rules established by the Constitution of the Russian Federation;

c) announce referendums according to the rules established by the federal constitutional law;

d) submit bills to the State Duma;

e) sign and make public federal laws;

f) address the Federal Assembly with annual messages on the situation in the country, on the guidelines for the internal and foreign policies of the State.

 

Article 85



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