| Valery Zorkin will no longer save the Constitution A group of State Duma deputies and representatives of the public yesterday addressed an open letter to the Chairman of the Constitutional Court Valery Zorkin with a request to “protect the Constitution” from attacks by Russian President Vladimir Putin.
According to the authors of the letter, the president trampled on the spirit of the Constitution, “encroaching both on the provisions of a number of its articles and on the principles of a democratic, federal and rule-of-law state,” which, in accordance with Article 1 of the Basic Law of the country, is the Russian Federation. The reason for such conclusions was a bill recently introduced by the head of state to the State Duma, according to which governors will not be popularly elected, but approved by regional legislative assemblies on the proposal of the president.
The letter, in particular, was signed by State Duma deputies Vladimir Ryzhkov, Oleg Shein, Mikhail Zadornov, Svetlana Goryacheva, deputy chairman of the Yabloko party Sergei Mitrokhin, chairman of the organizing committee of the Free Russia party Irina Khakamada, president of the INDEM Foundation Georgy Satarov, scientific director of the State University School of Economics Evgeny Yasin, Chairman of the Moscow Helsinki Group Lyudmila Alekseeva. The authors consider their letter to the Constitutional Court the last opportunity to stop the “anti-constitutional coup.”
“It seems to me, like other people who signed the letter, that the proposals made by the president affect the spirit of the Russian Constitution. And in this case, the Constitutional Court, if desired, could deal with this issue,” Yevgeny Yasin told a Vremya Novostei correspondent. - Of course, I had great doubts whether our Constitutional Court would look into it even after the laws were adopted. But in this case, in my opinion, what is important is that there is an infringement of the democratic rights and freedoms of citizens. That's why I signed this letter. I would be glad if the Constitutional Court considered the letter and spoke out. At least unofficially. And together we could prevent the actions of the authorities that violate the spirit of the Constitution. But I have my doubts. “I have the impression that the current chairman of the Constitutional Court, who, in his own words, combines the greatness of the state and civil rights and freedoms very well in his head, is unlikely to take this kind of letters seriously.”
The official reaction of the Constitutional Court to the letter is limited to the message of its press service that the court “does not have the right to respond to letters, but only to official complaints.” The head of the Committee on Constitutional Legislation of the Federation Council, Yuri Sharandin, also expressed his opinion on this matter. According to Mr. Sharandin, the Constitutional Court will not accept this appeal for consideration, because it “does not deal with what does not exist, and in accordance with the Constitution and current legislation can deliver its verdict only after a particular law has been adopted both houses of parliament, signed by the head of state and published in the press, that is, it will come into force.”
Obviously, the last word on the fate of the open letter should be said by the Chairman of the Constitutional Court Valery Zorkin. But, judging by the first reaction of the press service of the Constitutional Court, this time Mr. Zorkin will not repeat the experience of 1993, when, as an ordinary judge of the Constitutional Court, he considered the famous Yeltsin Decree No. 1400, which became the basis for the dissolution of the Duma, unconstitutional. Then Valery Zorkin had to leave the Constitutional Court.
“In today’s Russia, very few people show courage; mostly they show the opposite quality,” Vladimir Ryzhkov told a Vremya Novostei correspondent. - Legally, this is a controversial issue. One of the authors of the letter, Mikhail Krasnov, who was at one time Boris Yeltsin’s assistant on legal issues (and participated in the preparation of that very decree No. 1400. - Ed. ), drew attention to Article 100 part 3 of the Russian Constitution, according to which the Constitutional Court has the right proactively address the message to the Federal Assembly. For 11 years, this norm has never been used. However, this means that the Constitutional Court can, in a message to the Federal Assembly, give its assessment of the proposed bill. The press service of the Constitutional Court interprets its powers as narrowly as possible. But now the Constitutional Court has a choice - it can see the potential for a broader interpretation, according to which in exceptional cases, when the fate of the Constitution is at stake, this body, respected by us, can intervene in the course of events. We hope that all members of the Constitutional Court will become familiar with our letter and that it will be discussed.” Ksenia VERETENNIKOVA, |
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