Translated material
How the constitution was buried
On December 12, 1993, a new constitution was adopted. By its 20th anniversary, the basic law of the state not only de facto ceased to be a direct law, as indicated in its 15th article, but also subjected to significant adjustment of de jure: 84 articles of the Constitution were fully or partially revised. Most of them fell victim to law enforcement, but 18 articles contrary to the direct constitutional prohibition were significantly changed or even completely canceled by presidential decrees, federal laws and sentences of courts
| *About what provisions of the Constitution lost force by 2008, see The New Times No. 50 of December 15, 2008 |
Article 3
/.../ 3. The highest direct expression of the power of the people is a referendum and free elections. /.../
| On June 28, 2004, the Federal Constitutional Law “On a Referendum” was adopted, which forbidden to bear financial issues on it and conduct plebiscites in the last year of the powers of the president and the State Duma. In addition, in support of the referendum, it is necessary to collect 2 million signatures in 45 days, which makes the organization of the referendum on the initiative of citizens virtually impossible |
Article 7
- The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. /.../
| On November 23, 2012, the State Duma adopted a law on the federal budget for 2013. Defense costs compared to the previous year will increase by almost 26%, to 2.3 trillion rubles, and law enforcement costs - by 8%, up to 2 trillion. In total, these two articles make up 32% of all federal budget expenditures |
Article 10
State power in the Russian Federation is carried out on the basis of division into legislative, executive and judicial. The legislative, executive and judicial authorities are independent.
| On June 2, 2009, amendments to the Law “On the Constitutional Court of the Russian Federation” were adopted, according to which the chairman of the highest judicial body of the Russian Federation and his deputies, previously elected by the judges of the Constitutional Court, are appointed by the Federation Council on the proposal of the President of the Russian Federation |
The Chairman of the Constitutional Court Valery Zorkin (on the right) has turned into an appointment of the presidential appointment Article 12
In the Russian Federation, local government is recognized and guaranteed. Local government within their powers on their own. Local self -government bodies are not included in the system of state authorities.
| On October 6, 2003, the Federal Law “On the General Principles of the Organization of Local Self -Government” was adopted, allowing governors to delay the heads of municipalities and introduce external financial management in municipalities |
Article 19
All are equal before the law and the court.
The state guarantees the equality of human and citizen rights and freedoms regardless of gender, race, nationality, language, origin /.../
| On January 25, 2013, the State Duma adopted (in the first reading) a bill of administrative responsibility for the “propaganda of homosexuality among minors”; Independent experts regard this norm as a violation of the principle of equality of citizens' rights |
Public protection of the rights of sexual minorities (in the photo-acceleration of the action of gay activists in Moscow) will soon become an administrative offense
** Article 27 **- Everyone who is legal in the Russian Federation has the right to move freely, choose a place of stay and residence. /.../
| Adopted on February 15, 2013 (in the first reading) the presidential bill tightens the rules of registration at the place of residence and at the place of stay and strengthens responsibility for their violation up to imprisonment for up to three years |
Article 28
Everyone guarantees freedom of conscience, freedom of religion, including the right to confess individually or together with others any religion or not to profess any, freely choose, have and spread religious and other beliefs and act in accordance with them.
| On June 11, 2013, the State Duma plans to adopt in the final third reading amendments to the Criminal Code, providing for liability (up to imprisonment for up to three years) for a "public insulting religious feelings" |
Article 29
Everyone guarantees freedom of thought and word.
Propaganda or agitation that exciting social, racial, national or religious hatred and enmity are not allowed. The propaganda of social, racial, national, religious or linguistic superiority is prohibited. /.../
| On July 28, 2012, the president signed two laws: the first returns to the Criminal Code the article “Slander” (maximum punishment-a fine of 5 million rubles), the second gives Roskomnadzor the right to block any Internet resource that allegedly contains information harmful to children |
Article 30
- Everyone has the right to unite, including the right to create trade unions to protect their interests. Freedom of activity of public associations is guaranteed. /.../
| The Federal Law of July 20, 2012 establishes for NGOs “performing the functions of a foreign agent”, increased reporting requirements and more rigid control by the state |
Article 31
Citizens of the Russian Federation have the right to gather peacefully without weapons, hold meetings, rallies and demonstrations, processions and pickets.
| The amendments to the Law on rallies signed by the President on June 8, 2012 Hundreds of times increased the amount of fines for violation of the rules of street shares and introduced additional restrictions on the organization of public events |
The freedom of assembly by the authorities replaced the freedom of their ban (in the photo - participants of the Strategy 31 campaign on Triumphal Square)
** Article 32 **Citizens of the Russian Federation have the right to participate in the management of state affairs both directly and through their representatives.
Citizens of the Russian Federation have the right to elect and be elected to state authorities and local governments /.../
| On May 2, 2012, amendments to the Law “On Basic Guarantees of Electoral Rights” were adopted, which deprive the right to be elected to any authorities of the Russian citizens, “sentenced ever to deprivation of liberty for serious and especially serious crimes” |
Article 38
- Motherhood and childhood, the family are under the protection of the state. /.../
| On December 28, 2012, the President of the Russian Federation signed the Federal Law “On measures to influence persons involved in violations of the fundamental rights and freedoms of a person, rights and freedoms of citizens of the Russian Federation” (“Law of Dima Yakovlev”) prohibiting the adoption of Russian children with US citizens |
Article 43
Everyone has the right to education.
The general accessibility and free of preschool, basic general and secondary vocational education in state or municipal educational institutions /.../ are guaranteed
| The Federal Law "On Education" of December 29, 2012 legalizes the provision of paid services in free educational institutions |
Article 44
- Each is guaranteed the freedom of literary, artistic, scientific, technical and other types of creativity, teaching. Intellectual property is protected by law. /.../
| On August 17, 2012, the Khamovnican Court of Moscow sentenced to two years in prison the members of the Pussy Riot group for Punk-Moleben in the Cathedral of Christ the Savior |
Article 61
- A citizen of the Russian Federation cannot be expelled outside the Russian Federation or issued to another state. /.../
| On July 9, 2010, the scientist Igor Sutyan, sentenced in 2004 to 15 years in prison for espionage, was pardoned by the Decree of the President of the Russian Federation and expelled from Russia in exchange for the liberation of Russian intelligence agents arrested in the United States |
Article 62
A citizen of the Russian Federation may have citizenship of a foreign state (dual citizenship) in accordance with federal law or international treaty of the Russian Federation.
The presence of a citizen of the Russian Federation of citizenship of a foreign state does not detract from his rights and freedoms /.../
| The “Anti -Magnetic Law” of December 28, 2012 prohibited Russians with US citizenship, be members or leaders of NPOs “participating in political activities” |
The head of the Moscow Helsinki group Lyudmila Alekseeva lost the right to lead her organization due to American citizenship
Article 7z
Outside the limits of the Russian Federation and the powers of the Russian Federation in the subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the subjects of the Russian Federation have the full state of state power.
| By Decree of the President of the Russian Federation of May 13, 2000, the Institute of Presidential Environmentals in federal districts with expanded powers to coordinate the work of federal authorities and control over the activities of regional authorities was established |
Article 135
- The provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation cannot be revised by the Federal Assembly. /.../
| All of the above legislative acts were adopted by the State Duma and the Federation Council in the manner prescribed for ordinary federal or constitutional laws. The Law on the Constitutional Assembly, which has the exclusive right to revise the 1st and 2nd chapters of the Constitution, has not yet been adopted |
For the actual revision of the Constitution, the State Duma deputies often had enough of a simple majority vote
Photos: ITAR-TASS, RIA Novosti