Yeltsin's pro-Western constitution will be amended

2024 Author: Seth Attwood | [email protected]. Last modified: 2023-12-16 15:55

The Constitutional Committee of the Federation Council sent to the State Duma an opinion on the draft law on an amendment to the Constitution, the senators supported the document. We are examining what will change in the main document of the country, given that the experts of Constantinople have repeatedly stated that the ex-President of Russia Boris Yeltsin created the Constitution of the Russian Federation under the dictates of the West.

The 1993 Constitution will finally be amended. Polls conducted last year indicated that two-thirds (68%) of the population of the Russian Federation consider it necessary to make changes from time to time to the text of the Basic Law. The President proposed to carry out the sovereignization of the critical provisions of this main document of the country.

Sovereignization of Russia as a state

A good start has been made in the issue of moving away from legal dependence and the supremacy of international law over national legislation.

It was decided to amend Article 79, adding the following text: "Decisions of interstate bodies adopted on the basis of the provisions of international treaties of the Russian Federation in their interpretation, contrary to the Constitution of the Russian Federation, are not subject to execution in the Russian Federation." This is probably about the decisions of international courts, which previously attributed to the payment of various monetary compensation according to their rulings against the Russian Federation, etc.

The addition is definitely correct. But it is regrettable that Article 15, paragraph 4 was left without amendment: "If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty are applied." This clause must be removed from the Constitution altogether as contrary to its new sovereign spirit.

Top officials will become monogamous patriots

The long-awaited and completely natural provision for the highest dignitaries of the Russian Federation is being introduced into the Constitution. If these proposals are accepted, then only citizens of the Russian Federation who do not have “foreign citizenship or residence permit or another document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state."

This limitation is made out of the need to ensure the security and independence of our state.

Interesting additions to Article 77, which says that "additional requirements may be established by federal law" to the country's top officials. Perhaps the restrictions associated with one compulsory citizenship are not final requirements and further there will be additional clarifications.

I think that it would be necessary to extend this rule to all civil servants, regardless of their rank. Why does the law require senior dignitaries to be monogamous patriots and does not oblige their deputies or ordinary officials to treat their service to the Motherland with the same uncompromising attitude? The question arises, can ordinary civil servants remain multi-patriots? I think this is unacceptable.

But, perhaps, due to changes in Article 71, other unconstitutional legislative acts with the same restrictions, but not included in the Basic Law, will be adopted in relation to other officials.

I would like to. And it would be correct.

The post of the President of Russia has a civilizational component

In the amendments, a special place is occupied by the office of the President of the Russian Federation.

Regarding the President of the Russian Federation, Article 81 clarifies his position that it can be occupied by a citizen of the Russian Federation, not only "not having", but also never "having previously had citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence. a citizen of the Russian Federation on the territory of a foreign state”.

This clarification is very important and secures the position of the country's president only for the natural citizens of Russia, who have never changed their Fatherland.

But that's not all. No less important is the proposed continuation of Article 81: “The requirement for a candidate for the office of President of the Russian Federation that he does not have citizenship of a foreign state does not apply to citizens of the Russian Federation who previously had the citizenship of a state that was adopted or part of which was admitted to the Russian Federation in accordance with with federal constitutional law, and permanently residing on the territory of a state admitted to the Russian Federation or the territory of a part of a state admitted to the Russian Federation”.

Of course, this provision is related to Crimea, which was admitted to the Russian Federation in 2014. But at the same time it can be understood in relation to those lands or states that may become part of Russia in the future. In fact, this is a quiet declaration of the gathering by the Russian Federation of the lands of Greater Russia, the territories of the split Russian world.

This is a tremendous amendment that holds great promise.

Russia is becoming a social state

To protect the social rights of citizens of the Russian Federation, the articles of the Constitution introduce guarantees on the minimum wage, not less than the subsistence level, and mandatory indexation of social benefits, as well as pension provision and its indexation.

The authorities introduce these guarantees into the Basic Law and will regulate them by federal laws.

The President redistributed the management system

President Putin proposed to the Federal Assembly to assume additional political rights, burdened with corresponding political responsibility.

According to the amendments to Article 83, the State Duma will approve the candidacy of the chairman of the government of the Russian Federation and his proposals for the candidacies of ministers.

And the Federation Council will have to consult with the president about the heads of federal executive bodies responsible for defense, security, internal affairs, emergencies, etc.

The President will also present to the Federation Council candidates for the Constitutional, Supreme and other federal courts. As well as candidates for the positions of the Attorney General and his deputies.

These rights, which outwardly seem to be the new advantages of the Federal Assembly, in practice are more likely to be the political responsibility that the deputies will have to take for the course pursued by the executive branch.

An interesting point, not previously announced, was the president's proposal to include in the Federation Council representatives of the Russian Federation, who are appointed to this body directly by the president: "Not more than 10% of the members of the Federation Council." Apparently, these confidants will represent the president himself, participating on an equal basis with other senators in the work of the Federation Council.

Special constitutional status of the Council of State

A special body is also introduced into the articles of the Constitution - the State Council. He will help the president to ensure the coordinated functioning and interaction of "government bodies, the definition of the main directions of the domestic and foreign policy of the Russian Federation and the priority directions of the socio-economic development of the state."

Its status will be additionally prescribed by federal law.

Local self-government is introduced into a unified system of public authority

The bill creates a unified system of public authority, introducing local self-government bodies into it. Changes will be made to Articles 132 and 133. This will also give local self-government the opportunity to more effectively exercise their powers that are of national importance.

Here it is surprising that the amendment did not affect Article 76, in paragraph 6, which states that "in the event of a conflict between federal law and a regulatory legal act of a constituent entity of the Russian Federation, issued in accordance with part four of this article, a regulatory legal act of a constituent entity of the Russian Federation is in force."

This confederal norm recognizes the supremacy of the law of a constituent entity of the Federation over federal legislation.

In general, while analyzing the proposed amendments to the Constitution, one must recognize them as important and substantially amending the old Basic Law. This is a good start, but it requires a logical continuation. Continuation of sovereignty and its deepening.