Let’s just go through the first 16 articles of the Constitution (the ones describing the “fundamentals of the constitutional order”) the way online reviewers go through phones and other gadgets.
Let’s set political preferences aside and objectively note whether our device has this feature or not. As if we were checking whether it has a 10-megapixel camera or a charger included in the box. We’ll put YES or NO under each of the features described.
Then, based on the results, we’ll decide whether today’s Constitution Day is really something to congratulate each other on.
CONSTITUTION OF THE RUSSIAN FEDERATION Section One. General Provisions
Chapter 1. Fundamentals of the Constitutional Order
Article 1 The Russian Federation—Russia is a democratic federal rule-of-law state with a republican form of government. NO, the words “democratic” and “rule-of-law” are clearly superfluous The names “Russian Federation” and “Russia” are equivalent. YES
Article 2 The individual, his rights and freedoms, are the highest value. Recognition, observance, and protection of the rights and freedoms of the individual and citizen are the duty of the state. clearly NO—even in official rhetoric, the very idea of “human rights advocacy” is mocked; the highest values have become “the restoration of empire,” “military power,” “respect in the world,” and so on.
Article 3 The bearer of sovereignty and the sole source of power in the Russian Federation is its multinational people. NO—whether you like or dislike the group of people entrenched in the Kremlin, you can’t deny that they, not the people, are the real source of power right now The people shall exercise their power directly, as well as through bodies of state authority and bodies of local self-government. NO The highest direct expression of the power of the people shall be referendums and free elections. NO, nationwide referendums were held in 1991 and 1993. Since this Constitution was adopted—not once, although there have been many attempts. They are effectively banned. No one may usurp power in the Russian Federation. Seizure of power or appropriation of governmental authority shall be prosecuted under federal law. NO, “appropriation of governmental authority” is basically the motto of the people running Russia now.
Article 4 The sovereignty of the Russian Federation extends throughout its entire territory. YES The Constitution of the Russian Federation and federal laws shall have supremacy throughout the territory of the Russian Federation. NO—for example, in Chechnya, the head of the republic has declared the supremacy of Sharia norms that contradict Russian law. The Russian Federation shall ensure the integrity and inviolability of its territory. YES
Article 5 The Russian Federation consists of republics, territories, regions, federal cities, one autonomous region, and autonomous districts—all equal subjects of the Russian Federation. NO, don’t tell me that Chechnya and Smolensk Region are equal. Or that Moscow, which sucks up all the country’s resources, is equal to the other regions?
A republic (state) has its own constitution and legislation. A territory, region, federal city, autonomous region, or autonomous district has its own charter and legislation. YES The federal structure of the Russian Federation is based on its state integrity, the unity of the system of state authority, the division of jurisdiction and powers between the bodies of state authority of the Russian Federation and the bodies of state authority of its constituent entities, and the equality and self-determination of the peoples in the Russian Federation. there are many questions about self-determination, but let’s say YES In relations with federal bodies of state authority, all subjects of the Russian Federation are equal among themselves. of course NO
Article 6 Citizenship of the Russian Federation shall be acquired and terminated in accordance with federal law, and it is unified and equal regardless of the grounds on which it was acquired. YES, although there are many questions about the distribution of passports in South Ossetia and so on Every citizen of the Russian Federation shall possess on its territory all the rights and freedoms and bear equal duties provided for by the Constitution of the Russian Federation. NO—for example, I am barred from participating in elections, even though the Constitution (Article 32) says only those held in places of deprivation of liberty are restricted A citizen of the Russian Federation may not be deprived of citizenship or of the right to change it. YES
Article 7 The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a dignified life and the free development of the individual. NO, we see cuts in spending on education and healthcare; only military and police spending is growing In the Russian Federation, labor and people’s health are protected; a guaranteed minimum wage is established; state support is provided for the family, motherhood, fatherhood, and childhood, for people with disabilities and elderly citizens; a system of social services is developed; and state pensions, benefits, and other guarantees of social protection are established. NO, the funded portion of pensions has been confiscated several times, and as already noted, social spending is no longer a budget priority.
Article 8 In the Russian Federation, the unity of the economic space, the free movement of goods, services, and financial resources, support for competition, and freedom of economic activity are guaranteed. NO, no one even argues anymore about the monopolization of the economy. The notorious Rotenbergs are everywhere—from construction and pipe supplies to collecting money from truck drivers. In the Russian Federation, private, state, municipal, and other forms of property are recognized and protected equally. NO, the state’s share of the economy was 70% of GDP last year, and now it is even higher. A private entrepreneur almost always loses to the state in any court.
Article 9 Land and other natural resources shall be used and protected in the Russian Federation as the basis of the life and activity of the peoples living in the relevant territory. NO, no one could honestly say that resource rents are distributed fairly in Russia. Land and other natural resources may be in private, state, municipal, and other forms of ownership. YES
Article 10 State power in the Russian Federation shall be exercised on the basis of its division into legislative, executive, and judicial branches. The bodies of legislative, executive, and judicial authority are independent. NO, the courts are completely controlled, and even formally judges are approved by the Presidential Administration and appointed by the president. The State Duma and the Federation Council are utterly lacking in independence.
Article 11 State power in the Russian Federation shall be exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation. YES State power in the subjects of the Russian Federation shall be exercised by the bodies of state authority formed by them. YES The division of jurisdiction and powers between the bodies of state authority of the Russian Federation and the bodies of state authority of the subjects of the Russian Federation shall be effected by this Constitution, the Federal Treaty, and other treaties on the division of jurisdiction and powers. YES
Article 12 Local self-government is recognized and guaranteed in the Russian Federation. Local self-government is independent within the limits of its authority. Bodies of local self-government do not form part of the system of state authority. NO, local self-government has been destroyed, mayoral elections are being abolished everywhere, and local governments have neither budgets nor powers.
Article 13 Ideological diversity is recognized in the Russian Federation. NO, that one is obvious No ideology may be established as state or mandatory ideology. NO, it’s not just ideology—we’re even getting a single official history textbook so there won’t be different interpretations of historical events Political diversity and a multi-party system are recognized in the Russian Federation. NO, greetings from the unregistered and liquidated “Progress Party” Public associations are equal before the law. NO, greetings from “foreign agent organizations” and the dubious “Night Wolves” (a pro-Kremlin nationalist biker club), which receive state grants even for children’s holiday parties. The creation and activity of public associations whose goals or actions are aimed at violently changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining state security, creating armed formations, or inciting social, racial, national, or religious hatred shall be prohibited. YES, we’re very good at banning things.
Article 14 The Russian Federation is a secular state. No religion may be established as state or mandatory religion. still YES, although we’re rapidly heading toward NO Religious associations are separate from the state and equal before the law. this is an unequivocal NO
Article 15 The Constitution of the Russian Federation has supreme legal force, direct effect, and applies throughout the territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation. NO, try invoking your constitutional right to assemble peacefully and without weapons somewhere—you’ll hear laughter while sitting in a police van. Bodies of state authority, bodies of local self-government, officials, citizens, and their associations are obliged to observe the Constitution of the Russian Federation and the laws. NO, same example with the right of assembly Laws are subject to official publication. Unpublished laws shall not be applied. Any normative legal acts affecting the rights, freedoms, and duties of the individual and citizen may not be applied unless they have been officially published for general information. NO, there are huge numbers of secret and “For Official Use Only” documents from the Federal Penitentiary Service, the FSB, and the Interior Ministry that directly affect our rights. The universally recognized principles and norms of international law and the international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules different from those provided by law, the rules of the international treaty shall apply. NO, they even introduced a special law on this just last week
Article 16 The provisions of this chapter of the Constitution constitute the foundations of the constitutional order of the Russian Federation and may not be changed except in the manner established by this Constitution. YES No other provisions of this Constitution may contradict the foundations of the constitutional order of the Russian Federation. YES, formally they do not
So, we have 15 “YES” and 26 “NO” answers.
Based on this review of our device, we can conclude that it does not match its advertised specifications in any way.
If even in the foundational part of the Constitution, 26 out of 41 provisions are not being observed, then either: a) an anti-constitutional coup has taken place in the country b) it is a bad constitution if it is so easy to ignore c) it is a bad constitution if a lying crook like Zorkin from the Constitutional Court can get around it so easily
So Russia’s Constitution Day is a day when we should remember that the country needs a new Basic Law.
P.S. Right now, the celebration of Constitution Day in Moscow’s Pushkin Square looks like this:
Tags