CS Knowledge Base

Adopted by national referendum on 12 December 1993 with 54.5% of the vote, the Constitution took effect on the day of its publication – 25 December of the same year. It sets out the fundamentals of government and proclaims the rule of law, the ideological neutrality of the state, political pluralism, competitive elections, and the separation of powers, while guaranteeing fundamental human rights to the Russian people. The Constitution establishes a semi‑presidential system that encompasses strong executive power and increased independence for the president. Since its adoption in a 1993 referendum, the Russian Constitution has been considered the supreme law of the land. Article 15 of the Constitution states that it "shall have supreme legal force and have direct effect, and shall be applicable throughout the entire territory of the Russian Federation." Courts are guided by the Constitution, and it overrides federal and local laws.

A federal constitutional law is a type of federal regulatory legal act adopted in accordance with the Constitution of the Russian Federation on matters stipulated by the Constitution. It has greater legal force than a federal law (federal laws must not contradict federal constitutional laws), but less legal force than a law of the Russian Federation on a constitutional amendment.

Statutes are the predominant legal source of Russian law and may only be enacted through the legislative process. Codes form the basis of law on a given matter and are usually supplemented by legislation to develop specific provisions. Although there are gaps in some codes, judges will find a basis for deciding a case within the relevant code. Codes are interpreted flexibly, and interpretation may be guided by the enumeration of 'general principles' set out in the codes. These general principles are usually articulated at the beginning of the codes, typically in the first chapter, to outline the purpose of the legislation. Reasoning by analogy is also permitted.

The Civil Code of Russia is regarded as the 'constitution' of the market economy and holds a special place in the hierarchy of codes, as it will supersede contradictory provisions in other codes. New codes and laws override older ones, unless a statute expressly preserves the old law.

The Criminal Code of Russia (UGKRF, 63‑ФЗ) is the penal statute, which defines conduct that is impermissible in Russia. The first and current Criminal Code came into force on 1 January 1997. On 8 January 1997, President Yeltsin signed the Criminal Correctional Code to regulate the conditions of sentences. The new Criminal Code replaced the Soviet analogue of 1960. The main changes concern economic crimes and property crimes.

Russia is a civil‑law country and, strictly speaking, decisions rendered by courts are not binding on other courts. However, lower courts generally follow the principles established by the supreme courts. Moreover, under Article 308.8 of the Code of Procedure in Commercial Courts, the Supreme Court may set aside a decision of a lower court on the grounds that it contravenes the uniformity in the interpretation of law as established by case law. In practice, but not in theory, the precedents of the higher courts are becoming an important source of Russian law.^[2]

The Russian Supreme Court has no authority to issue general 'explanations' of substantive law or procedural issues in the absence of a relevant 'case or controversy' before it. Legal scholars also participate in these discussions, and the opinions of judges and commentators are published and used as persuasive authority. This process is somewhat analogous to the discussion that scholars take part in in American Law Reports or in law reviews.^{[according to whom?]} Judges and scholars may codify current practice or, more importantly, address new issues of law to lower courts and instruct them on how to interpret these issues. The texts of the explanations of the law are published and cited by many courts. In contrast, only selected judicial opinions are published. It is not clear which explanations are binding on lower courts, as there is a tension between the Constitution and federal law, on the one hand, and guiding explanatory principles, on the other. Nevertheless, lower courts that ignore relevant explanations are likely to be reversed on appeal.

Judicial review enables courts to declare unconstitutional laws void. Constitutional courts thus act as negative legislators. The interpretations of the Constitution in the decisions of the Constitutional Court are also authoritative and binding on the political branches. Ordinary or lower courts may also exercise judicial review. Courts of general jurisdiction may decline to apply (1) any law that violates the Constitution, and (2) any normative regulations, particularly subordinate regulations that contravene statutes. The Supreme Court of the Russian Federation has jurisdiction to determine the constitutionality of regulations issued by government agencies. The Supreme Court has held that lower courts must evaluate the contents of applicable laws or other normative acts for their conformity with the Constitution, and must apply the Constitution in cases of conflict.