Constitutional Amendments on Presidential Term Limits

The Russian constitutional amendments on presidential term limits represent the most significant changes to the 1993 Constitution since its adoption. The amendments, approved by referendum in July 2020, restructured the presidency and fundamentally altered the constitutional architecture of the Russian state. The changes have had profound implications for Russian political development and the balance of power within the constitutional system.

Background

The 1993 Constitution originally limited the President to two consecutive terms. Vladimir Putin served two terms from 2000 to 2008, then as Prime Minister from 2008 to 2012, and returned to the presidency in 2012. In 2020, President Putin proposed sweeping constitutional amendments that included resetting the presidential term limit. The proposal followed years of speculation about Putin’s political future and the constitutional mechanisms that might allow him to remain in power.

The original two-consecutive-term limit was a central feature of the 1993 Constitution’s design. It reflected the drafters’ concern with preventing the emergence of a new authoritarianism after the collapse of the Soviet system. The limitation was intended to ensure rotation in power and prevent the entrenchment of any single leader. Its removal represented a fundamental change in the constitutional architecture of the Russian state.

The Amendments

The 2020 amendments made several changes to presidential term limits. The amended Article 81 removed the word “consecutively” from the two-term limit, allowing a person to serve two terms non-consecutively without restriction. The amendments also included a grandfather clause resetting existing presidential terms to zero, effectively allowing Putin to serve two additional terms after the amendments took effect. This meant Putin could potentially remain President until 2036.

The amendments also increased the requirements for presidential candidates. Candidates must be at least 35 years old, have resided in Russia for at least 25 years, and must never have held foreign citizenship or permanent residency abroad. These requirements were presented as protecting national sovereignty but effectively limited the pool of eligible candidates.

Constitutional Court Review

The Constitutional Court reviewed the amendments prior to the referendum, as required by Article 3 of the Law on Constitutional Amendments. In its ruling of 16 March 2020, the Court held that the amendments were consistent with the Constitution’s fundamental principles. The Court emphasized that the sovereign right of the people to amend their constitution includes the power to reset term limits. The review was completed in just five days, raising questions about the thoroughness of the Court’s analysis.

The Court’s reasoning relied on the distinction between constitutional provisions that can be amended through the ordinary amendment procedure and those that require a new constitution. The Court held that term limits were not among the unamendable provisions of Chapters 1, 2, and 9. The Court also rejected arguments that resetting term limits violated the principle of rotation in power, holding that the people’s sovereign will in the referendum could legitimately extend presidential terms.

The Referendum

The nationwide vote took place from 25 June to 1 July 2020, with official turnout reported at 67.97% and approval at 77.92%. The referendum’s conduct drew criticism regarding procedural irregularities and the lack of genuine opposition campaigning. The vote was held over several days to reduce crowds during the pandemic, and electronic voting was introduced in Moscow. Critics argued that the result was predetermined by the absence of meaningful alternatives and the state’s control over media coverage.

Broader Constitutional Changes

The 2020 amendments extended far beyond term limits. They introduced provisions on the supremacy of Russian law over international law, establishing that the Constitution prevails over international treaties and decisions of international courts. The amendments expanded the State Council’s constitutional role and strengthened presidential powers over the judiciary, including the power to dismiss Constitutional Court and Supreme Court judges.

The amendments also added social welfare guarantees, including regular indexation of pensions and a minimum wage not below the subsistence minimum. Ideological provisions affirmed traditional family values, defined marriage as a union between a man and a woman, and protected the institution of marriage. The amendments recognized the historical continuity of the Russian state and the role of the Soviet Union in World War II.

Implications for Russian Federalism

The amendments centralized power in the presidency and diminished the autonomy of regional authorities. The President gained powers to dismiss regional governors and to coordinate federal and regional executive bodies. These changes reduced the federal character of the Russian state. The amendments also unified the system of public authority, establishing a single system of state power that subordinates regional authorities to federal control.

Significance

The 2020 amendments transformed the Russian constitutional order. They eliminated the effective term limit that was a central feature of the 1993 Constitution. They strengthened presidential dominance and subordinated the judiciary and regional authorities to executive control. The amendments represent the most significant constitutional change in post-Soviet Russia, marking a shift from the post-Soviet constitutional settlement toward a more centralized and presidential system with reduced constraints on executive power.