The Constitution of 1993 and a new “Law on
the Constitutional Court” of July 21, 1994, en-
larged the court to nineteen members. Under this
new legislation, judges were to be nominated by
the President and confirmed by the Federation
Council. In order to handle the rapidly increasing
caseload, the new law permitted the court to con-
sider multiple cases simultaneously. Under the pro-
visions of the new law, judges no longer served for
life; rather they have twelve-year terms. Retirement
was made mandatory at the age of seventy.
The Constitutional Court is charged with rul-
ing on the constitutionality of federal laws, presi-
dential enactments, republic constitutions, regional
charters, international treaties, and republic, re-
gional and local legislative and executive acts. The
court also has the responsibility to resolve juris-
dictional disputes between state and legislative bod-
ies at the federal and lower levels.
Access to the Court is relatively unrestricted;
most cases require no previous hearing. After hear-
ing oral arguments from interested parties, the
judges retire to draft opinions (and, more rarely,
dissenting options). Rendering a decision is a slow
process, often taking two to four weeks. Decisions
of the court are final and not subject to appeal. Al-
though the Court agrees to hear only a small por-
tion of all cases filed, it issues many determinations
(opredeleniya) that, although falling short of offi-
cial decisions, attempt to revolve disputes by refer-
ring to previously rendered decisions.
In contrast to the previous court, the Consti-
tutional Court of the Russian Federation initially
focused on cases involving the rights of the indi-
vidual. In the period from 1995 to 1996, more than
70 percent of the cases considered by the court dealt
with individual rights, while only 12 percent dealt
with separation of powers and 17.6 percent dealt
with questions of federalism. The court appeared
to be directing its attention to types of cases that
would bolster its legitimacy and solidify its place
in the judicial system, while avoiding conflicts with
other branches of government and with the pow-
erful regional governors.
With the election of President Vladimir Putin
in early 2000, the Constitutional Court adopted a
more assertive role again, especially in cases relat-
ing to Russia’s federal relations. The Constitutional
Court ruled that the constitutions of several re-
publics violated the Basic Law of the Russian Fed-
eration, forcing them to revise their constitutions
to bring them into line with the federal constitu-
tion. In contrast, the Court has, with a few notable
exceptions, prudently avoided clashing with the
President. The future legitimacy and credibility of
the Court will depend on its adroitness in avoiding
damaging confrontations with powerful state of-
ficials in which it cannot prevail, while still ren-
dering meaningful decisions that uphold the
primacy of constitutional principles.
See also: CONSTITUTION OF 1993; REFERENDUM OF DE-
CEMBER 1993
BIBLIOGRAPHY
Sharlet, Robert. (1993). “The Russian Constitutional
Court: The First Term.” Post-Soviet Affairs 9:1–39.
Smith, Gordon B. (1996). Reforming the Russian Legal Sys-
tem. Cambridge, UK: Cambridge University Press.
Trochev, Alexei. (2002). “Implementing Russian Consti-
tutional Court Decisions.” East European Constitu-
tional Review 11:1–2.
G
ORDON
B. S
MITH
CONSTITUTIONAL DEMOCRATIC PARTY
The liberal Constitutional Democratic Party, or
Party of People’s Freedom (known as the Cadets,
from the initials of its name), was Russia’s largest
political party before 1917. Founded in October
1905, the party’s basic goals were embodied in its
name: transformation of Russia into a constitu-
tional, rule-of-law state and democratization of the
political and social order. Its program called for civil
rights for all citizens, including freedom of speech,
assembly, religion, and person; full equality of all
before the law; a legislative body elected by equal,
direct, universal suffrage (female as well as male);
separation of church and state; and greater local
self-government. The program also contained im-
portant social provisions, including labor protections
and the right to unionize and strike, mandatory
health insurance and state-funded old age pensions,
a progressive income tax, and a state land fund to
address peasant land hunger.
At its height, in 1905 and 1906, the Constitu-
tional Democrats had approximately 100,000
members and 346 local party organizations, and
was strongest in larger urban areas. Prominent
leaders included Peter Struve, Ivan Petrunkevich,
Prince Dmitry Shakhovskoy, Vladimir Nabokov,
Maxim Vinaver, Andrei Shingarev, and the party
head, Paul Miliukov. The composition of the Cadets
CONSTITUTIONAL DEMOCRATIC PARTY
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ENCYCLOPEDIA OF RUSSIAN HISTORY