Учебное пособие для студентов юридических специальностей chapter I law

Unit 8 The Constitution of the Russian Federation

Before you read
Discuss these questions.

1. 
   Have you read the current Russian Constitution?
   

Can you compare it with the former one?

2. 
   What was the reason of changing the Constitution in Russia during the 20^th century?
   
3. 
   Can you give any examples of the “work” of the Russian Constitution?
   
4. 
   Is there any need for a constitutional reform in Russia at present?
   

The New Russian Constitution
The Constitution of the Russian Federation is the supreme normative legal act, holding the highest juridical power, superiority, and direct action on the Russian territory. All laws and other legal acts adopted in Russia must comply with the Constitution.

The Russian Federation enacted the Constitution on 12 December 1993. The Russian Constitution, approved by the state referendum, is the basis of the Russian constitutional law and the most important source of domestic law. The Constitution provides for a federal state and introduces the concept of separation of powers. The Constitution provides for the separation of executive, legislative and judicial power. The legislature is structured as a parliament. The main legislative body, the Federal Assembly, is composed of two chambers – the Federation Council (the upper house) and the State Duma (the lower house). The Constitution deals with such matters as the national territory, the President, the Legislature, the Executive, the Judiciary of the Russian Federation and, of course, the fundamental rights.

It is commonly said, that the executive branch consists of the President, elected directly by people for a four-year term, and the Government. However, the President of the Russian Federation states separate to the executive power. The President is the guarantee of the Constitution and possesses some executive, legislative and judicial powers.
Amendments to the Constitution
The Government is responsible before the President and is headed by a Head of the Government (unofficially called a Prime-Minister), who is nominated by the President and confirmed by the State Duma.

The Russian Constitution is a rigid Constitution as to the complex procedure of
adopting the amendments to the Constitution. The Federal Law No. 33-FZ On
the Procedure for the Approval and Entry Into Force of the Amendments to the
Constitution of the Russian Federation, dated 4 March 1998, together with the
Constitution establishes the procedure and conditions for making, adopting and
approving amendments, as well as their entry into force. The Constitution cannot be altered by the State Duma alone. The Constitution can be amended as follows:

• 
  Every proposal for an amendment must be initiated by the President of the
  Russian Federation, by the Federation Council, by the State Duma, by the
  Government of the Russian Federation, by legislative bodies of the subjects of
  the Russian Federation and by the group of not less than 1/5 deputies of the
  Federation Council and the State Duma.
  
• 
  The Constitution provides that Bases of the Constitutional Principles,
  Rights and Obligations of People and Amendments to the Constitution and Revision of the Constitution cannot be changed by the Federal Assembly (both the State Duma and the Federation Council). In the event a proposal to revise any of the above provisions is supported by three-fifths of the total number of deputies of the Federation Council and the State Duma, a Constitutional
  Assembly shall be convened in accordance with the federal constitutional law.
  The Constitutional Assembly may either confirm the inviolability of the
  Constitution of the Russian Federation or develop a new draft of the Constitution of the Russian Federation, which shall be adopted by two-thirds of the total number of deputies to the Constitutional Assembly or submitted to referendum. The Constitution of the Russian Federation shall be considered adopted during such poll if more than half of its participants have voted for it, provided more than half of the electorate has taken part in the poll.
  
• 
  Any other provision of the Constitution may be amended whether by variation, addition or repeal.
  

Certain modifications in the names of the subjects of the Russian Federation were brought in by the Decrees of the President of the Russian Federation, dated 9 January 1996, 10 February 1996 and 9 June 2001. The Ruling of the Constitutional Court of the Russian Federation No. 15-P, dated 28 November 1995, empowered the President of the Russian Federation to adopt decrees on changing the names of the subjects of the Russian Federation, that is to be based on the decision of the correspondent subject of the Russian Federation.
Vocabulary
amend v вносить поправку, изменение, дополнение (в конституцию)

amendment n поправка (к конституции)

approval n одобрение, утверждение, санкционирование

chapter n глава (конституции)

alter v изменить, изменять(ся)

comply with v соответствовать (чему-либо)

confirm v 1 подтверждать; 2 утверждать, санкционировать

Constitutional Assembly Конституционное Собрание

convene v созывать, собирать

decree n декрет, указ

domestic law внутреннее/внутригосударственное право

draft n проект

electorate n контингент избирателей, избирательный корпус, электорат

empower v уполномочивать, предоставлять право

enact v принимать (закон)

entry into force вступление в силу

Federal Assembly Федеральное Собрание – парламент Российской Федерации

(представительный и законодательный орган)

Federal Council Совет Федерации (Верхняя палата парламента Российской

Федерации)

inviolability n неприкосновенность

juridical adj юридический, законный, правовой

nominative adj назначенный

poll n голосование

provide for v предусматривать

provided conj при условии (что), если только, в том случае если

provision n положение, постановление

repeal n аннулирование, отмена

rigid adj строгий, суровый, неукоснительный

ruling n решение, постановление, определение (суда)

state v 1 утверждать; 2 устанавливать

State Duma Государственная Дума (Нижняя палата парламента Российской

Федерации)

stipulate v обусловливать, оговаривать в качестве особого условия

submit v представлять на рассмотрение

superiority n превосходство, преимущество

variation n изменение, перемена
Reading tasks
A Answer these questions.
1 Why is the Constitution of the Russian Federation the supreme normative legal act?

2 When was the Constitution enacted?

3 What does the Constitution introduce?

4 What matters does the Constitution deal with?

5 What does the executive branch consist of?

6 What powers does the President possess?

7 Who is the Government responsible to?

8 Why is the Russian Constitution called rigid?

9 How can the Constitution be altered?

10 Who can initiate a proposal for an amendment?

11 When is a Constitutional Assembly convened?

12 What is the procedure of the modification in the name of the subject of the

Russian Federation?

B Decide which of the statements (a, b, or c) corresponds exactly to the meaning of the text and best completes the sentence.
1 The Constitution of the Russian Federation is the supreme normative act because

a) it is approved by the President

b) it deals with many matters

c) it holds the highest juridical power.
2 The Constitution provides for

a) the modification in the name of the citizen of the Russian Federation

b) the separation of powers

c) the nomination of the President of the Russian Federation.
3 The Constitution can be altered

a) by the Federal Assembly

b) by the President

c) by the Constitutional Assembly.
4 A new draft of the Constitution of the Russian Federation shall be adopted

a) by-two thirds of the deputies to the Constitutional Assembly

b) by-two fifths of the electorate

c) by-two thirds taking part in the poll.
5 The President is empowered to adopt decrees on changing the names of the subjects of the Russian Federation on the basis of

a) the ruling of the Constitutional Assembly

b) the decisions of the subjects of the Russian Federation

c) his own decision.
Language focus
A Put the verbs in brackets into the Present Simple active or passive form.
1 The Russian Federation _______ (consist) of republics, territories, regions, cities of federal importance, and autonomous regions and areas.

2 The federal structure of the Russian Federation _______ (base) on its integrity.

3 The Russian Federation is a social state whose policy _______ (aim) at creating conditions for a worthy life.

4 Everyone _______ (guarantee) the right to qualified legal assistance.

5 The state _______ (provide) access to justice for victims of crimes.

6 The economic activity aimed at monopolization and unfair competition _______ (not to allow).

7 A citizen _______ (carry out) military service according to the federal law.

8 The state flag, coat-of-arms and anthem of the Russian Federation _______ (establish) by the federal constitutional law.

B Complete these sentences using an appropriate preposition from the box.

after about between before by for

from in of on to with without

1. 
   The State Duma consists _______ 450 deputies.
   
2. 
   The status of the capital is determined _______ the federal law.
   
3. 
   The border _______ the subjects of the Russian Federation may be changed upon their mutual consent.
   
4. 
   The Russian language is a state language _______ the whole territory of the Russian Federation.
   
5. 
   The Russian Federation guarantees to all its people the right to preserve their native language and to create conditions _______ its study and development.
   
6. 
   The Russian Federation may participate _______ interstate associations.
   
7. 
   Any citizen of the Russian Federation not younger than 35 years of age and _______ a permanent residence record in the Russian Federation of not less than 10 years may be elected the President of the Russian Federation.
   
8. 
   The proposal on the candidate to the post of the Chairman of the Government of the Russian Federation is submitted not later than two weeks _______ the resignation of the Government.
   
9. 
   The Chairman of the Government may raise _______ the State Duma the issue of confidence to the Government.
   
10. 
    The collection, keeping, use and dissemination of information _______ the private life of a person is not allowed without his or her consent.
    
11. 
    The Council of the Federation elects _______ among its deputies the Chairman of the Council of the Federation.
    
12. 
    No one may be subject to medical, scientific or other experiment _______ voluntary consent.
    
13. 
    Citizens of the Russian Federation have the right to freely return _______ the Russian Federation.
    

Vocabulary tasks
A Below are the main chapter titles from the Russian Constitution. Link the titles to the details of the contents of each chapter.

1	The Fundamentals of the Constitutional System	a	When taking office the President of the Russian Federation shall take the oath of loyalty to the people.
2	Rights and Freedoms of Man and Citizen	b	Changes in borders of the areas in which local self-government is administered shall be made with the consideration of the opinion of the population of the corresponding areas.
3	The Federal Structure	c	Everyone shall have the right to freedom and personal immunity.
4	The President of the Russian Federation	d	In case of a referendum the Constitution of the Russian Federation shall be considered adopted, if over half of the voters who came to the polls, supported it and under the condition that over half of the electorate participated in the referendum.
5	The Federal Assembly	e	The parliament of the Russian Federation shall be representative and legislative body… .
6	The Government of the Russian Federation	f	The Russian Federation … is a democratic federal law-bound State with a republican form of government.
7	Judicial power	g	The courts shall be financed only from the federal budget…
8	Local Self-Government	h	The territory of the Russian Federation shall include the territories of its subjects, inland waters and territorial sea, and the air space over them.
9	Constitutional Amendments and Review of the Constitution	i	Not later than a week after appointment the Chairman of the Government of the Russian Federation shall submit to the President of the Russian Federation proposals on the structure of the federal bodies of executive power.

B Match adjectives and nouns as they occur in the text.

1	legislative	a	act
2	complex	b	power
3	legal	c	referendum
4	fundamental	d	law
5	juridical	e	body
6	total	f	house
7	state	g	rights
8	rigid	h	Constitution
9	upper	i	procedure
10	domestic	j	number

C Word families. Complete the chart.

verb	noun
introduce	–––
–––	separation
provide	–––
–––	government
nominate	–––
–––	procedure
–––	amendment
stipulate	–––
–––	addition
–––	proposal