Law of Russia

Lore & Background

The Russian Federation emerged as an independent state in 1991 following the dissolution of the Soviet Union. Its Constitution, adopted on 12 December 1993 with 54.5% of the vote, took effect on 25 December 1993. It establishes a semi-presidential system with strong executive power and increased independence for the president, while proclaiming the rule of law, political pluralism, and separation of powers. The Constitution is the supreme law of the land, overriding federal and local laws, and courts are guided by it.

Reader's Guide

The law of Russia is defined by its hierarchical structure, with the Constitution at the apex, followed by federal constitutional laws, then statutes such as the Civil Code and Criminal Code. The Civil Code is regarded as the 'constitution' of the market economy and supersedes contradictory provisions in other codes. Presidential decrees and agency regulations are subordinate to the Constitution and federal laws. Judicial decisions are not formally binding, but lower courts generally follow principles established by the supreme courts, and the Supreme Court may set aside decisions that contravene uniformity in interpretation. The Constitutional Court interprets the Constitution authoritatively, and ordinary courts may decline to apply laws that violate the Constitution. USSR legislation fills gaps transitionally, and custom is explicitly recognized as a source of law in the Civil Code. The system reflects legal positivism combined with general principles such as good faith, reasonableness, and justice.

Did You Know?

• The most significant amendment extended the presidential term from four to six years in 2008.
• The Criminal Code of Russia came into force on 1 January 1997, replacing the Soviet analogue of 1960.