Posts Tagged ‘Constitution’
“Vertical of power” is hardening its grip over the Constitutional Court. Kommersant reports today that two members of the Court were punished by their fellow judges for public criticism of the Russian judiciary system and the lack of democracy in general.
Vladimir Yaroslavtsev had to resign yesterday from the Council of Judges of the Russian Federation and its praesidium, a self-regulatory body of the Russian judiciary. The reason for that was his August interview with El Pais, in which he harshly criticised the political system built by Vladimir Putin. “The judiciary power in Russia during Vladimir Putin’s and Dmitry Medvedev’s presidencial terms has become a tool used by the executive power,” he claimed. “I feel like I’m standing at the ruins of justice,” the judge concluded.
Another member of the Constitutional Court, Anatoly Kononov, even has to resign from the court because of his public critical position. For a long time, he was opposing many undemocratic decisions of the court by declaring his individual opinion (the right a Constitutional Court judge legally has). He has also criticised these decisions (including the Court’s refusal to examine the cases of Mikhail Khodorkovsky and Natalia Morari) in the press. He also tried to defend judge Yaroslavtsev and to oppose the new order of selecting the Chairman of the Constitutional Court (he is now appointed by the President and the Senate instead of being elected by the judges themselves, as it used to be). As a result, he was forced by his colleagues to resign from his post for “undermining the authority of the judiciary system.”
Here is my latest column for RobertAmsterdam.com on Medvedev’s plan to change the Constitution.
First Amendment, Russian Edition
November 7, 2008
On 5th November the world’s attention was drawn to American presidential elections and the victory of Barack Obama. Meanwhile, Russian authorities used this day to declare an unprecedented reform in the country’s recent history—changes to the Constitution. Dmitry Medvedev in an annual address to the houses of the Parliament suggested that the presidential term should be increased from 4 years to 6 years and the Duma’s term—to 5 years.
There is no doubt that Medvedev’s “suggestion” will be regarded as an order by members of Parliament. They have already responded to his speech and expressed readiness to vote for any Kremlin’s amendments to the Constitution. A referendum on this issue is not required, so adopting the new legislation will be easy and quick. Some deputies have even said that Medvedev’s current term may be prolonged till 2014 instead of 2012 (and Duma’s till 2012 instead of 2011). Later and rarer elections will somewhat ease the Kremlin’s fear of an “electoral revolution”—its worst nightmare since the uprising at Kyiv Maidan.
The changes, if passed, will become the first amendment to the Russian Constitution since it was adopted on a referendum15 years ago. Medvedev’s predecessor, Vladimir Putin, has always been repeating that the Constitution doesn’t need any changes. He preferred to simply ignore it: when he abolished elections of regional governors, submitted the Parliament to himself, technically introduced censorship and political repression, violated independence of courts and property rights. But some things still couldn’t be changed without amending the Constitution, like the length of president’s term or the two-term limit. As usual with KGB, Putin didn’t do the dirty part of the work himself, he used Medvedev instead.
Ironically, the first changes to the Constitution were suggested by the person elected to his office at the staged and fraudulent elections that lacked even minimal legitimacy. Then they are to be approved by the undemocratically elected Duma lacking any real opposition and then by the Council of Federation whose members haven’t been elected at all. To add to this picture of cynicism, this is done while praising the Constitution and its standards of democracy at a pompous celebration of its jubilee planned for 12th December.
The plans to change the Constiution were immediately condemned by the opposition and don’t seem to be popular among regular people. The emerging united democratic movement Solidarity called Medvedev’s actions illegitimate and antidemocratic. The Other Russia coalition plans to hold a Dissenters’ March in December that will demand that the Constitution remains untouched. People who discuss the issue on the Internet and in the street also criticize the changes. The government, however, prefers to ignore the public opinion.
As the opposition candidate in the USA receives congratulations on winning presidential elections, Russian ruling elite shows once again that it’s not going to pass power to anybody else. Comparison of Russia’s first amendment to the Constitution to the American First Amendment perfectly symbolizes that development of democracy here has gone terribly wrong.
Today, as the world was discussing the outcome of presidential elections in the USA, Dmitry Medvedev claimed that the Russian Constitution would be changed soon. He plans to increase the length of president’s term to 6 years and Duma’s term to 5 years from 4 years. If this plan is implemented (and there is nothing to prevent him from doing that), this will be the first amendment to our Constitution since it was adopted 15 years ago.
Meanwhile, the Other Russia plans to hold another Dissenters’ March in December. Changes to the Constitution will certainly become one of its most important issues.