Legal Systems in The Russian Federation Overview

Legal systems in the Russian Federation: overview, Practical Law Country Q&A...
Legal systems in the Russian Federation: overview

by Valeriya Kachura and Aleksandr Kuznetsov, Liniya Prava Law Firm
Please note the law-stated date of this resource. It does not consider recent events, including legal developments related to the
2022 Ukraine crisis. For resources concerning these topics, see Russia Sanctions and Related Considerations Toolkit.
Country Q&A | Law stated as at 01-May-2021 | Russian Federation
A Q&A guide to the legal system in the Russian Federation.
The Q&A gives a high level overview of the key legal concepts including the constitution, system of governance
and the general legislative process; the main sources of law; the court structure and hierarchy; the judiciary and
its appointment; the general rules of civil and criminal litigation, including reporting restrictions, evidentiary
requirements, the roles of the judge and counsel, burdens of proof and penalties.
Constitution
Form
General constitutional features
Amendment
Legal system
Form
Main sources of law
Court structure and hierarchy
Litigation (civil and criminal)
Contributor profiles
Valeriya Kachura, Partner, Deputy Managing Partner, Head of Corporate/M&A Practice and Private Clients Practice
Aleksandr Kuznetsov, Senior Associate, Head of Capital Markets Practice
Constitution
Form
© 2022 Thomson Reuters. All rights reserved. 1

1. What form does your constitution take?
The Constitution of the Russian Federation was adopted by national referendum in 1993. It is a single written document. As
Russia is a federal state, which includes 85 equal regions (constituent entities), the Constitution is federal.
General constitutional features
2. What is the system of governance?
System
The system of governance in the Russian Federation is a semi-presidential republic. The President of the Russian Federation
(President), as the highest executive authority, provides overall guidance of the Government of the Russian Federation. He
appoints after (consultation with the Parliament):
• The Prime Minister, whose nomination must be confirmed by the State Duma and other members of the Government
of the Russian Federation (Government).
• Federal ministers in charge of:
• defence;
• state security;
• internal affairs;
• justice;
• foreign affairs;
• emergencies and natural disasters;
• public security.
The above are appointed after consultation with the Federal Council of the Federal Assembly.
• Other federal ministers after confirmation of their nominations by the State Duma.
• The collegial executive body (in which power is vested in a committee).
The President is also empowered to:

• Dismiss the government.
• Dismiss the Prime Minister.
• Confirm the resignation of the Prime Minister, Deputy Prime Ministers, federal ministers, and heads of federal
executive bodies, which are subordinate to the President.
The Federal Assembly of the Russian Federation (Parliament) is Russia's representative and legislative body.
Judicial power is held by federal judges, appointed by the President, and judges of the regional courts, appointed by local
authorities.
Head of state
The President is the head of the state. The key duties of the President are to:
• Protect the sovereignty, independence and state integrity of the Russian Federation.
• Ensure the coherent interaction of all state bodies.
• Determine the principal directions of domestic and foreign policies.
• Represent the country in international relations.
The President also serves as commander-in-chief of the military forces. The President is elected for six years by direct election.
The same person must not be elected the President of the Russian Federation for more than two terms.
Structure
The Government exercises executive power. It consists of the Prime Minister, the deputy prime ministers and the federal
ministers, appointed by the President. The Government's duties are divided among ministries, federal services and governmental
agencies.
The Parliament consists of the State Duma (lower house) and the Council of the Federation (upper house). There are 450 deputies
in the State Duma and 170 members in the Council of the Federation. Deputies of the State Duma are elected nationwide every
five years. Members of the Council of the Federation include:
• Two representatives from each Russian region appointed by regional authorities.
• Up to 30 representatives of the Russian Federation, appointed by the President.
• The ex-President whose term of office ended or who was dismissed.
At present there are 26 special-purpose committees working on particular bills in the State Duma, and ten such committees
working on particular bills in the Council of the Federation.

3. Does the constitution provide for a separation of powers?
The Constitution provides for a separation of powers that is fundamental and strictly upheld. Public authorities are distributed
among the Parliament (legislative branch), the President with the Government (executive branch) and the courts (judicial
branch).
The President can dismiss the Government, the Prime Minister and, in exceptional cases, dissolve the State Duma. The President
also has the power of legislative veto.
The State Duma can remove the Government by a vote of no confidence.
The Parliament, via a qualified majority vote, can impeach the President.
The Constitutional Court can invalidate a law or a legal act that does not comply with the Constitution. The independence of the
juridical system is ensured by certain guarantees for judges including irrevocability, immunity from legal process and others.
4. What is the general legislative process?
Proposal and drafting
The power to initiate legislative process belongs to the President, the Council of the Federation and its members, the deputies
of the State Duma, the Government and the legislative bodies of the regions.
The Constitutional Court and the Supreme Court can also propose a bill, but only on issues within their authority.
Bills are submitted to the State Duma, which establishes committees to amend bills and holds regular meetings to review these
bills for adoption (called "readings").
Scrutiny
Federal laws are passed by a majority of votes of the total number of the deputies of the State Duma. The general rule is that
three readings are required to pass a bill.
The federal laws adopted by the State Duma are submitted for consideration by the Council of the Federation. A federal law
is deemed to be approved by the Council of the Federation if over half of its members have voted for it or if the Council of
the Federation does not review it within 14 days.
The Council of the Federation must consider federal laws on:
• The federal budget.

• Federal taxes and levies.
• The ratification and denunciation of international treaties.
• The status and protection of state boundaries.
• Financial, currency, credit and customs regulation.
If the Council of the Federation rejects a law, both chambers of the Parliament can set up a conciliatory commission to overcome
the contradictions that have arisen, after which the federal law is re-considered by the State Duma. If there is a disagreement
with the decision of the Council of the Federation, the State Duma can still adopt the federal law with a two-thirds' majority
vote of the total number of deputies.
Enactment
Adopted federal law is submitted to the President for execution. The President must sign the federal law and make it public
within 14 days, or reject it and return it to the Parliament for re-consideration by exercising the power of legislative veto.
The legislative veto can be overruled by a two-thirds' majority of the deputies of the State Duma and the members of the
Council of the Federation. In this case, the President must sign the adopted federal law within seven days and make it public.
Under general rules, federal laws come into force once ten days have passed since their official publication, unless the law
itself provides otherwise.
5. Is there a procedure by which the judiciary can review legislative and executive actions?
The judiciary can review legislative and executive actions dealing with cases involving administrative or other public legal
relationships. The federal courts (courts of general jurisdiction and commercial courts), including the Supreme Court, can
examine and invalidate legal acts, decisions and actions of state bodies on the petition of an individual or an organisation. The
court will deem a legal act or action unlawful if it does not comply with the law and infringes the rights or lawful interests
of the applicant.
The Constitutional Court considers the compliance of federal constitutional laws, federal laws and other legal acts with the
Constitution at the request of:
• The President.
• The Parliament.
• One-fifth of the members of the Council of the Federation or of the deputies of the State Duma.
• The Government.
• The courts.
• Regional authorities.

In addition, the Constitutional Court can determine whether a law has been applied in compliance with the Constitution, where
individuals or organisations lodge complaints that their constitutional rights or individual freedoms have been breached. The
Constitutional Court invalidates laws and legal acts that it considers incompatible with the Constitution.
6. Are certain emergency powers reserved for the executive?
The special powers are reserved to the President for military and emergency situations only. The President is the only official
entitled to impose a state of emergency and suspend any legal acts that contradict the decree of the President. The Council of the
Federation must consider the decree and approve or reject it within 72 hours of its official publication. If the decree is rejected,
its legal force expires 72 hours after its official publication.
The maximum length of a state of emergency is 30 days (60 days in local areas), which can be renewed by the President. The
President can:
• Suspend the powers of local authorities and the activities of any political parties.
• Prohibit public events.
• Impose other restrictions to ensure the safety of citizens and constitutional order.
The law limits the emergency powers of the President, as there are very few grounds on which a state of emergency can be
established.
7. Are human rights constitutionally protected?
Chapter 2 of the Constitution, entitled "Rights and freedoms of a man and a citizen", is dedicated to the recognition and protection
of human rights. All political, economic, social and cultural rights stipulated by the Universal Declaration of Human Rights
are protected by the Constitution, including:
• The right to life.
• Freedom from torture.
• The right to a fair trial.
• Freedom of speech.
• Freedom of thought, conscience and religion.
• Freedom of movement.

• Press freedom.
• Freedom of assembly.
Chapter 2 of the Constitution cannot be altered on its own. The only way to amend provisions of this chapter is to convene
the Constitutional Assembly, which can prepare a draft of a new constitution or confirm the force of the existing Constitution.
A new constitution can be adopted by a two-thirds' majority of the total number of members of the Constitutional Assembly
or by national referendum.
Amendment
8. By what means can the constitution be amended?
The provisions of Chapters 1, 2 and 9 of the Constitution stipulate fundamental principles of the constitutional system, human
rights and the procedure for amending the Constitution. They can only be revised by the adoption of a new constitution by the
Constitutional Assembly (see Question 7).
Chapters 3 to 8 of the Constitution can be amended by a law passed by not less than a two-thirds' majority of the total number
of deputies of the State Duma, and approved by not less than a three-quarters' majority of the total number of members of
the Council of the Federation. Once the law is passed, it must be signed by the President within 14 days and made public.
In addition, to enter into force, such laws must be approved by legislative bodies representing not less than two-thirds of the
regions of the Russian Federation.
Legal system
Form
9. What form does your legal system take?
The Russian Federation has a civil law system. Russian law includes both codified laws (for example, the Civil Code and the
Criminal Code) and other laws which, as a general rule, must be consistent with the relevant codes. Legislation has supreme
juridical force (compared with bylaws and other sources of law). However, the Constitutional Court can invalidate laws that
are unconstitutional.
International law is recognised as part of the Russian legal system (see Question 11).

Case law can be recognised as a de facto source of law. This means that judgments by the Constitutional Court that contain
interpretations of the law bind all courts, state agencies, legal entities and individuals. Supreme Court judgments are also binding
on the lower courts to ensure uniformity of legal practice (see Question 13).
Main sources of law
10. What are the main domestic sources of law?
The main sources of law in Russia are (in descending hierarchical order):
• The Constitution.
• Federal constitutional laws.
• Federal laws.
• Decrees of the President.
• Resolutions of the Government.
• Legal acts of authorised state bodies.
11. To what extent do international sources of law apply?
International conventions and treaties, as well as universally-recognised norms of international law, are deemed to be an integral
part of the Russian legal system. The provisions of an international treaty are applied where an international agreement stipulates
other rules than those provided by the domestic law. However, no international treaty can contravene the Constitution due to
its supreme juridical force within Russia.
The Russian Federation can undertake the obligations set by an international treaty by signing, reciprocating, ratifying,
approving, accepting or acceding to it. The Parliament ratifies international treaties on human rights, Russian territorial integrity,
principles of international relations and participation by Russia in international organisations.
Decisions of the European Court of Human Rights in relation to the Russian Federation must not conflict with the Constitution
for the purposes of their recognition and enforcement (Resolution of the Constitutional Court dated 14 July 2015 No. 21-P).
Court structure and hierarchy

12. What is the general court structure and hierarchy?
The Russian court structure consists of the Constitutional Court and federal and regional courts, both headed by the Supreme
Court. Federal courts include commercial courts that resolve economic disputes and courts of general jurisdiction handling all
other cases.
Regional courts include magistrates' courts resolving minor matters, and the constitutional (statutory) courts of the Russian
regions, which handle cases concerning the regions' constitutions (statutes).
The Constitutional Court deals with disputes concerning the constitutionality of certain legal acts and is a separate judicial body
in the Russian court system.
Courts of general jurisdiction are:
• Magistrates' courts and district courts.
• Courts of the regions (appellate).
• Courts of the regions (cassation).
• The Supreme Court.
Commercial courts are:
• The commercial courts of the regions.
• The commercial appellate courts (appellate).
• The district commercial courts (cassation).
• The Supreme Court.
The Supreme Court is the court of cassation (second-tier) and the supervisory court handling cases on challenge of judicial acts
of the Supreme Court and holding a final decision for both courts of general jurisdiction and commercial courts.
13. To what extent are lower courts bound by the decisions of higher courts?
Courts, as well as all other public authorities, are legally bound by the resolutions of the Constitutional Court.

In relation to the Supreme Court, Russian legislation does not expressly require lower courts to comply with its decisions.
However, under the Civil Procedure Code and the Commercial Procedure Code a failure to comply with the interpretation of
law given by the Supreme Court constitutes a ground to revise a lower court's decision on the discovery of new facts. As a
result, in their decisions, the lower courts often refer to the legal positions of the Presidium of the Supreme Court or decisions
by the Plenary Session of the Supreme Court.
The ruling of Presidium or the Plenary Session of the Supreme Court constitutes a ground for the revision of a lower court's
decision provided that the ruling contains a direct reference to its retroactive effect in similar cases (Ruling of the Constitutional
Court dated 17 October 2017 No. 24-#). It is now incumbent on the legislator to make respective amendments to the procedural
legislation.
14. Are there specialist courts for certain legal areas?
There are several specialist courts in Russia, including:
• The Court for Intellectual Property Rights. This is a specialist commercial court that resolves disputes connected
solely with IP rights.
• Military courts. These form part of a system of courts of general jurisdiction which handle all cases involving military
officers.
• Commercial courts. These only handle cases connected with economic activity, bankruptcy and corporate issues.
The number of specialist courts may increase when anticipated reform of administrative justice occurs, which will provide for
the establishment of separate courts that only handle administrative disputes.
15. Are quasi-legal authorities commonly used?
Quasi-legal authorities are not commonly used in the Russian Federation. An individual can apply to the ombudsman in the case
of an infringement of his or her rights. The ombudsman can take all necessary measures to protect the rights of an individual,
including filing a request with the authorised body and taking legal action. The ombudsman can act based on an individual
request or on his or her own initiative if an individual cannot apply to an authorised body or court in his or her own right or the
person disagrees with the decision made by authorised body upon his claim.
There are also a human rights ombudsman, a children's rights ombudsman and a business ombudsman at the federal level, as
well as regional ombudsmen.
Alternative dispute resolution, including mediation and arbitration, is becoming more popular in Russia, due to:

• The increasing caseload of state courts.
• The time involved in resolving a dispute through the courts.
• A preference for keeping the outcome confidential.
• The ability to choose the arbitrator or mediator.
16. Does the constitution provide for an independent judiciary?
An independent judiciary is one of the key constitutional principles of the Russian legal system. The judges are bound only by
the Constitution and federal laws. The independence of judges is provided for by the irrevocability of their appointment, their
immunity from legal process (special procedure of prosecution by the consent of the relevant judicial qualification committee)
and social guarantees including lifetime maintenance, obligatory insurance of the judge and the judge's family members,
provision of medical services, compensation of travel expenses, and so on.
17. How are members of the judiciary typically appointed?
Appointment
Judges of courts of general jurisdiction and commercial courts are appointed by the President on the recommendation of the
chairman of the Supreme Court. Judges of the Constitutional and Supreme Court are appointed by the Council of the Federation
on the recommendation of the President. Judges of magistrates' courts and constitutional courts of regions are assigned by the
representative body of the region.
Qualifications
Under the Constitution, judges must be citizens of the Russian Federation over the age of 25, with a higher degree in law and
with at least five years of legal practice experience.
There are special requirements applicable to judges of certain courts. The position of a judge of the Constitutional Court can only
be held by citizens of Russia over 40 years of age with a higher degree in law and at least 15 years of legal practice experience.
To be appointed a judge of the Supreme Court, the candidate must have Russian citizenship and be over the age of 35. In
addition, he or she must have a higher degree in law and at least ten years of legal practice experience.

A judge of the court of appeal or the court of cassation appeal must be a Russian citizen aged over 30 years, with a higher
degree in law and at least seven years of legal practice experience.
Litigation (civil and criminal)
18. Do the courts use an adversarial, non-adversarial or other system?
The legal system of the Russian courts is established by procedural legislation including the Civil, Commercial, Criminal and
Administrative Procedure Codes and can be described as mixed. It adheres to all principles of the adversarial system including
the oral nature of judicial proceedings, publicity and directness. However, due to an absence of general requirements regarding
the professional experience and education of the parties' representatives, in practice judges are actively involved in investigating
the facts of the case, clarifying the legal positions of the parties, specifying the legal grounds of a claim and so on.
19. Who is responsible for gathering evidence?
The parties to the court proceedings are responsible for gathering evidence. The claimant and the defendant in civil proceedings
(and the prosecutor and the accused in criminal proceedings) put before the court evidence gathered to prove the facts they
refer to. The court decides which facts are of importance to the case and which party must prove them and submit them for
discussion, even if the parties have not referred to some of them.
The court is not obliged to gather evidence. However, for the purposes of giving a reasonable and justified judgment, the court
can participate and assist the parties in gathering evidence that cannot be obtained by the parties themselves.
20. Is evidence independently examined before a trial?
Evidence is independently and impartially examined before a trial. In both civil and criminal proceedings, the court is the only
body responsible for examining evidence. The positions of the parties regarding particular evidence are taken into account. The
examination of the evidence is conducted either in the court room in the presence of the parties or in the field, if the evidence
being examined cannot be delivered to the court room.

After direct and personal examination of the evidence by the court, the results are fixed in the record of the proceedings. To
ensure the impartial examination of the evidence, the court interrogates witnesses, involves experts in the proceedings and
requires the parties to provide additional evidence.
There is no evidentiary threshold to be met to proceed to trial. The court assesses the evidence in accordance with its inherent
judgment, based on an overall, complete, objective and direct investigation of the evidence gathered by the parties. After an
examination of the evidence gathered, the court has full discretion to either proceed with the trial or to request the provision
of additional evidence.
21. Are trials/hearings open to the public?
Civil law
All civil cases are open to the public except for where the law prescribes otherwise, such as cases involving state secrets or
private matters, for example, those regarding the adoption of a child, and so on. In addition, a trial may be closed to the public
following a party's petition arguing that such closure is necessary to keep confidential a commercial or other legally protected
secret, a private matter or in other circumstances. The party must show that an open trial may interfere with a legal investigation,
divulge secrets or violate the lawful interests of an individual.
Criminal law
Judicial hearings in all criminal cases are open to the public expect where:
• This may lead to the divulgence of state or other secrets protected by federal law.
• The crimes involved are allegedly perpetrated by persons under 16.
• This may lead to the divulgence of private information regarding the participants.
• Secrecy is required to guarantee the security of the participants, their close relatives and so on.
22. Are reporting restrictions typically imposed in relation to a trial?
Civil law
Reporting restrictions can be imposed at all stages of a judicial procedure (trial) including pre-trial and post-trial. The access
to a trial cannot be limited for hearings open to the public. The rules are the same for all stages of the legal proceedings. The
press, legal publishers and social media cannot be present at trials that are closed to the public. During proceedings, the judge

can close an open trial to the public at any stage, upon the application of the party to the proceeding on certain legal grounds.
The court also can partially convert an open trial to a closed one. Certain trials involving state secrets or adoption, for example,
must be closed.
Criminal law
The rules on reporting restrictions in criminal cases are identical to those in civil cases.
23. What is the main function of the trial and who are the main parties to it?
The main functions of a trial are to:
• Protect the rights, freedoms and lawful interests of the parties to legal proceedings.
• Examine impartially and evaluate the evidence that has been gathered.
• Give a reasonable and just decision.
The key parties to civil proceedings are the claimant and the defendant. In criminal proceedings, the key parties are the prosecutor
and the accused. Third parties participate in legal proceedings to defend their rights and interests, which may be affected by
the judgment.
Various persons assist in the delivery of justice including witnesses, experts, interpreters and so on. The witnesses, as well as
other participants, can be re-examined during the trial in relation to any discrepancies in their testimonies.
24. What is the main role of the judge and counsel in a trial?
Role of judiciary
As the Russian courts apply a mixed system of judicial procedure (see Question 18), the judges are impartial adjudicators, but
at the same time can participate actively in the legal proceedings. For instance, the judge can interrogate the witnesses after the
parties, engage experts in the legal proceedings, if necessary, and assist the parties in gathering evidence.
In civil cases, a court can, on its own initiative, void a transaction (in exceptional cases, that is, to protect the public interest,
and in other cases stipulated by the law) or refuse to satisfy the claims of a party that has abused its rights or acted in bad faith.
Role of legal counsel

The key role of legal counsel is to present the legal position of his or her client to the court, gather all necessary evidence,
negotiate with the other party and legally examine evidence submitted by the client.
25. To what extent are juries used?
Civil law
Juries are not used in civil cases.
Criminal law
Juries are used in criminal cases if the accused requests it, except for cases involving charges of terrorism and related crimes,
mass unrests, state treason, espionage, armed rebellion and so on. The jury is comprised of 12 people who:
• Are at least 25 years old.
• Have no criminal convictions.
• Have full legal capability.
• Are not registered with the narcological or psychoneurological dispensaries.
• Have a good command of the language used in legal proceedings.
26. What restrictions exist as to the evidence that can be heard by the court?
The evidence gathered by the parties must meet the criteria of relevance, admissibility and reliability. The evidence as a whole
must also be sufficient and relate to each other.
If the evidence does not meet this criteria (for example, it was received by breaching the law), the court must deem it inadmissible
and not consider it. If evidence has a prejudicial effect, the court is not entitled to re-examine and re-assess it. The presence
of a jury has no impact on these rules.

27. Which party has the burden of proof in a trial and at what standard is this burden met?
Civil law
The claimant and the defendant must gather evidence to prove the facts they refer to. The burden of proof cannot be switched
between the parties. The obligation of each party is to provide the court with sufficient evidence of their claims and objections.
The court evaluates each evidence according to its inner conviction, based on a comprehensive, full, unbiased and direct
examination of the evidence. The level of proof also depends on the activity of the parties to the case (for example, the absence
of objections may lead to considering the fact as proved).
Criminal law
The Constitution stipulates that every person accused of committing a crime is considered innocent until his or her guilt is
proved, according to the rules fixed by the federal law and confirmed by the relevant court decision. As a result, the prosecution
is obliged to prove that the accused is guilty. The burden of proof cannot not be transferred to the accused. The Russian
legislation does not establish a certain level of proof because evidences are examined and evaluated by the court on the basis
of its inner conviction.
28. What verdicts can the court give?
Civil law
Given the complexity of civil and business relations, courts can give diverse judgments. In general, however, the court can give
a verdict in favour of the claimant or the defendant, for example, a recognition of a right, specific performance of an obligation,
compensation for losses, and so on. The facts of the particular case will be taken into account when determining the verdict.
Criminal law
There are two possible verdicts in criminal cases: guilty and not guilty.
29. What range of penalties/relief can the court order upon a verdict?
Civil law
The court can order the following types of relief:

• Recognition of a right.
• Restoration of the status that existed before a right was violated and the suppression of actions that violated the right or
created the threat of violation.
• Recognition of a voidable transaction as invalid and the consequences of that invalidity.
• Recognition of an act by a state agency as invalid.
• Specific performance of the obligation.
• Compensation for losses.
• Payment of a penalty.
• Compensation for moral harm, and so on.
Criminal law
The court can order the following penalties:
• Fines.
• Deprivation of the right to hold specific offices or to engage in specific activities.
• Deprivation of a special, military or honorary title.
• Compulsory community service.
• Correctional labour.
• Compulsory labour.
• Limitation of military service (retention of a certain amount from the soldier`s salary, prohibition of promotion of the
soldier).
• Restriction of freedom (prohibition of leaving the certain area or visiting certain public places).
• Arrest.
• Service in a disciplinary military unit.
• Deprivation of freedom for a fixed period.
• Life imprisonment.
• Capital punishment (there is currently a moratorium on the execution of such verdicts).
Contributor profiles

Valeriya Kachura, Partner, Deputy Managing Partner, Head of Corporate/M&A Practice

and Private Clients Practice
Liniya Prava Law Firm

T +7 495 937 8000
E valeriya.kachura@lp.ru
W http://lp.ru/team/valeriya_kachura
Professional qualifications. 1993 – 1998: Specialist degree, Far Eastern State University, faculty of law
Areas of practice. Corporate law and M&A; commercial law; legal due diligence; arbitration and private client
support.
Aleksandr Kuznetsov, Senior Associate, Head of Capital Markets Practice
Liniya Prava Law Firm

T +7 495 937 8000
E aleksandr.kuznetsov@lp.ru
W http://lp.ru/team/aleksandr_kuznetsov
Professional qualifications. 2009 – 2014: Specialist degree, HSE University, faculty of law
Areas of practice. Corporate law and M&A; banking law; capital markets.
END OF DOCUMENT
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Legal systems in the Russian Federation: overview

Country Q&A | Law stated as at 01-May-2021 | Russian Federation

A Q&A guide to the legal system in the Russian Federation.

General constitutional features

Main sources of law

Court structure and hierarchy

Litigation (civil and criminal)

Aleksandr Kuznetsov, Senior Associate, Head of Capital Markets Practice

© 2022 Thomson Reuters. All rights reserved. 1

1. What form does your constitution take?

General constitutional features

2. What is the system of governance?

• Federal ministers in charge of:

• emergencies and natural disasters;

• The collegial executive body (in which power is vested in a committee).

The President is also empowered to:

© 2022 Thomson Reuters. All rights reserved. 2

• Dismiss the government.

• Dismiss the Prime Minister.

• Ensure the coherent interaction of all state bodies.

• Determine the principal directions of domestic and foreign policies.

• Represent the country in international relations.

• Two representatives from each Russian region appointed by regional authorities.

• Up to 30 representatives of the Russian Federation, appointed by the President.

• The ex-President whose term of office ended or who was dismissed.

© 2022 Thomson Reuters. All rights reserved. 3

3. Does the constitution provide for a separation of powers?

The State Duma can remove the Government by a vote of no confidence.

4. What is the general legislative process?

Proposal and drafting

The Council of the Federation must consider federal laws on:

• The federal budget.

© 2022 Thomson Reuters. All rights reserved. 4

• Federal taxes and levies.

• The ratification and denunciation of international treaties.

• The status and protection of state boundaries.

• Financial, currency, credit and customs regulation.

© 2022 Thomson Reuters. All rights reserved. 5

6. Are certain emergency powers reserved for the executive?

• Prohibit public events.

7. Are human rights constitutionally protected?

• The right to life.

• Freedom from torture.

• The right to a fair trial.

• Freedom of thought, conscience and religion.

© 2022 Thomson Reuters. All rights reserved. 6

8. By what means can the constitution be amended?

9. What form does your legal system take?

© 2022 Thomson Reuters. All rights reserved. 7

Main sources of law

10. What are the main domestic sources of law?

• Federal constitutional laws.

• Decrees of the President.

• Resolutions of the Government.

• Legal acts of authorised state bodies.

11. To what extent do international sources of law apply?

Court structure and hierarchy

© 2022 Thomson Reuters. All rights reserved. 8

12. What is the general court structure and hierarchy?

Courts of general jurisdiction are:

• Magistrates' courts and district courts.