In the political system established by the 1993 constitution, the Russian president wields considerable executive power. There is no vice president, and the legislative branch is far weaker than the executive. The president nominates the highest state officials, including the prime minister, who must be approved by the Duma. The president can pass decrees without consent from the Duma. He also is head of the armed forces and of the national Security Council.
Duma elections were held most recently on December 7, 2003, and presidential elections on March 14, 2004. The pro-government party, United Russia, won close to half of the seats in the Duma. Combined with its allies, it controls a two-thirds majority. The OSCE judged the Duma elections as failing to meet international standards for fairness, due largely to extensive slanted media bias in the campaign. In the March 2000 presidential election Vladimir Putin--named Acting President following the December 31, 1999 resignation of Boris Yeltsin--was elected in the first round with 53% of the vote. Putin was re-elected to another four-year term with 71% of the vote in March 2004. The Russian constitution does not allow presidents to serve more than two consecutive terms.
Russia is a federation, but the precise distribution of powers between the central government and the regional and local authorities is still evolving. The Russian Federation consists of 89 components, including two federal cities, Moscow and St. Petersburg. The constitution explicitly defines the federal government's exclusive powers, but it also describes most key regional issues as the joint responsibility of the federal government and the Federation components.
[source: US Department of State]
Law, Courts & Judgments
The Russian judiciary is divided into three branches: The courts of general jurisdiction (including military courts); subordinated to the Supreme Court; the arbitration (commercial) court system under the High Court of Arbitration; and the Constitutional Court (as well as constitutional courts in a number of administrative entities of the Russian Federation). Civil and criminal cases are tried in courts of primary jurisdiction, courts of appeals, and higher courts. The general court system's lowest level is the municipal court, which serves each city or rural district and hears more than 90 percent of all civil and criminal cases. The next level of courts of general jurisdiction is the regional courts. At the highest level is the Supreme Court. Decisions of the lower trial courts can be appealed only to the immediately superior court unless a constitutional issue is involved. The arbitration court system consists of city or regional courts as well as appellate circuit courts subordinated to the High Court of Arbitration. Arbitration courts hear cases involving business disputes between legal entities and between legal entities and the state.
Russia's judiciary and justice system are weak. Numerous matters that are dealt with by administrative authority in European countries remain subject to political influence in Russia. The Constitutional Court was reconvened in March 1995 following its suspension by President Yeltsin in October 1993. The 1993 constitution empowers the court to arbitrate disputes between the executive and legislative branches and between Moscow and the regional and local governments. The court also is authorized to rule on violations of constitutional rights, to examine appeals from various bodies, and to participate in impeachment proceedings against the president. The July 1994 Law on the Constitutional Court prohibits the court from examining cases on its own initiative and limits the scope of issues the court can hear.
In the past few years, the Russian Government has begun to reform the criminal justice system and judicial institutions, including the reintroduction of jury trials in certain criminal cases. Despite these efforts, judges are only beginning to assert their constitutionally mandated independence from other branches of government.
The Duma passed a Criminal Procedure Code and other judicial reforms during its 2001 session. These reforms help make the Russian judicial system more compatible with its Western counterparts and are seen by most as an accomplishment in human rights. The reforms have reintroduced jury trials in certain criminal cases and created a more adversarial system of criminal trials that protect the rights of defendants more adequately. In 2002, the introduction of the new code led to significant reductions in time spent in detention for new detainees, and the number of suspects placed in pretrial detention declined by 30%.
Human Rights
Russia's human rights record remains uneven and has worsened in some areas in recent years. Despite significant improvements in conditions following the end of the Soviet Union, problem areas remain. In particular, the Russian Government's military policy in Chechnya is a cause for international concern. Government forces have killed numerous civilians through the use of indiscriminate force in Chechnya. There have been credible allegations of violations of international human rights and humanitarian law committed by Russian forces. Chechen groups also have committed abuses as well as acts of terrorism.
Although the government has made progress in recognizing the legitimacy of international human rights standards, the institutionalization of procedures to safeguard these rights has lagged. There are, however, indications that the law is becoming an increasingly important tool for those seeking to protect human rights.
The judiciary is often subject to manipulation by political authorities and is plagued by large case backlogs and trial delays. Lengthy pretrial detention remains a serious problem. Russia has one of the highest prison population rates in the world, at 685 per 100,000. There are credible reports of beating and torturing of inmates and detainees by law enforcement and correctional officials. Prison conditions fall well below international standards. In 2000, human rights Ombudsman Oleg Mironov estimated that 50% of prisoners with whom he spoke claimed to have been tortured. Human rights groups estimate that about 11,000 inmates and prison detainees die annually, most because of overcrowding, disease, and lack of medical care. In 2001, President Putin pronounced a moratorium on the death penalty. However, there are reports that the Russian Government might still be violating promises they made upon entering the European Council, especially in terms of prison control and conditions.
Human rights groups are very critical of cases of Chechens disappearing in the custody of Russian officials. Russian authorities have introduced some improvements, including better access to complaint mechanisms, the formal opening of investigations in most cases, and the introduction of two decrees requiring the presence of civilian investigators and other nonmilitary personnel during all large-scale military operations and targeted search and seizure operations. Human rights groups welcome these changes but claim that most abuses remain uninvestigated and unpunished.
Efforts to institutionalize official human rights bodies have been mixed. In 1997, the Duma passed a law establishing a "human rights ombudsman," a position that is provided for in Russia's constitution and is required of members of the Council of Europe, to which Russia was admitted in February 1996. In February 2004, the Duma elected Vladimir Lukin to serve a 5-year term as human rights ombudsman, the second person to occupy this position since its creation. A member of the liberal “Yabloko” party, Lukin’s candidacy was proposed by President Putin and supported by the “United Russia” party. The Office of the Human Rights Ombudsman comments on a broad range of human rights issues. Lukin has identified the problems of children and the disabled as being among his immediate priorities, as well as the appointment of regional ombudsmen. The Presidential Human Rights Commission, headed by Ella Pamfilova and including a number of human rights activists among its 30 members, serves in an advisory capacity. It is charged with activities such as the analysis of draft laws pertaining to human rights and the review of letters from citizens detailing human rights problems. International human rights groups operate freely in Russia, although the government has hindered the movements and access to information of some individuals investigating the war in Chechnya.
The Russian constitution provides for freedom of religion and the equality of all religions before the law as well as the separation of church and state. Although Jews and Muslims continue to encounter prejudice and societal discrimination, they have not been inhibited by the government in the free practice of their religion. High-ranking federal officials have condemned anti-Semitic hate crimes, but law enforcement bodies have not effectively prosecuted those responsible. The influx of missionaries over the past several years has led to pressure by groups in Russia, specifically nationalists and the Russian Orthodox Church, to limit the activities of these "nontraditional" religious groups. In response, the Duma passed a restrictive and potentially discriminatory law in October 1997. The law is very complex, with many ambiguous and contradictory provisions. The law's most controversial provisions separate religious "groups" and "organizations" and introduce a 15-year rule, which allows groups that have been in existence for 15 years or longer to obtain accredited status. Senior Russian officials have pledged to implement the 1997 law on religion in a manner that is not in conflict with Russia's international human rights obligations. Some local officials, however, have used the law as a pretext to restrict religious liberty.
The constitution guarantees citizens the right to choose their place of residence and to travel abroad. Some big-city governments, however, have restricted this right through residential registration rules that closely resemble the Soviet-era "propiska" regulations. Although the rules were touted as a notification device rather than a control system, their implementation has produced many of the same results as the propiska system. The freedom to travel abroad and emigrate is respected although restrictions may apply to those who have had access to state secrets. Recognizing this progress, since 1994, the U.S. President has found Russia to be in full compliance with the provisions of the Jackson-Vanik Amendment.
[source: US Department of State]
Legal Profession
