Zakonnost (Legality Principle) in Russian Law

The principle of zakonnost (legality) is a foundational concept of the Russian legal order. Rooted in the Soviet doctrine of socialist legality (sotsialisticheskaya zakonnost), the principle has been adapted to the post-Soviet constitutional framework while retaining its core function: ensuring that all state organs, officials, and citizens observe and comply with the law. Zakonnost operates at multiple levels — constitutional, legislative, administrative, and judicial — and is enforced through a distinctive system of supervisory oversight (nadzor) that includes the Procuracy, the Constitutional Court, and the ordinary courts.

Conceptual Foundations

Zakonnost requires strict and uniform observance of legislation throughout the territory of the Russian Federation. Article 15 of the Constitution provides that the Constitution has supreme legal force and that all laws and other legal acts must not contradict it. State authorities, local self-government bodies, officials, citizens, and their associations are obliged to observe the Constitution and laws. This hierarchical norm control defines the structure of Russian legality: the Constitution sits at the apex, followed by federal constitutional laws, federal laws, presidential decrees and government regulations, and regional legislation. Each level must conform to the one above it. The principle of zakonnost thus encompasses both formal legality (compliance with enacted norms) and constitutional legality (compliance with constitutional standards).

Historical Development

The Soviet concept of socialist legality was developed under Vyshinsky in the 1930s as a tool for enforcing state discipline and suppressing deviation from Party directives. After Stalin’s death, the doctrine evolved under Khrushchev and Brezhnev to encompass procedural regularity and the protection of citizens’ rights, though always within the framework of Party supremacy. The post-Soviet transformation reconceptualised zakonnost as a principle of constitutional democracy rather than Party rule. The 1993 Constitution replaced the Soviet emphasis on state discipline with a focus on human rights, separation of powers, and judicial protection. However, the institutional mechanisms for enforcing zakonnost — particularly the Procuracy’s general supervisory function — retained significant continuity with the Soviet period.

The Procuracy and Nadzor

The Procuracy (Prokuratura) is the primary institutional guarantor of zakonnost through its supervisory function (nadzor). Article 129 of the Constitution establishes the Procuracy as a unified centralised system exercising supervision over compliance with the Constitution and the implementation of laws. The Federal Law on the Procuracy of the Russian Federation (1992, as amended) defines the Procuracy’s supervisory authority, which includes oversight of federal executive bodies, legislative and executive bodies of federal subjects, local self-government, military administration, control bodies, and their officials. The Procuracy may conduct inspections (proverki) of compliance with laws, issue orders to eliminate violations (predstavleniya), initiate administrative proceedings, and refer matters for criminal prosecution. The Procuracy’s general supervisory function is a distinctive feature of the Russian legal system, exceeding the prosecutorial functions typical in Western legal systems. Critics argue that the Procuracy’s broad supervisory powers create opportunities for abuse and undermine judicial independence, while defenders emphasise its role in maintaining legal unity and combating corruption.

Constitutional Legality

The Constitutional Court of the Russian Federation is the highest judicial authority for constitutional legality. The Court reviews the constitutionality of federal laws, normative acts of the President, the Federation Council, the State Duma, and the Government, as well as constitutions and laws of federal subjects. The Court’s decisions establishing the unconstitutionality of a legal norm remove that norm from the legal system and create a precedent binding on all state bodies. The Constitutional Court has developed principles of legal certainty, proportionality, and protection of legitimate expectations as components of constitutional zakonnost. The Court’s commitment to constitutional legality has been tested in politically sensitive cases involving presidential decrees, electoral legislation, and the implementation of international court judgments.

Judicial Review of Legality

The ordinary courts, particularly the courts of general jurisdiction and the arbitration courts, also enforce zakonnost through administrative and civil proceedings. Citizens may challenge acts and decisions of state bodies and officials under the Code of Administrative Proceedings (CAS RF). The courts review whether the challenged act complies with the law, whether it was adopted within the competence of the issuing body, and whether it respects citizens’ rights. The standard of review incorporates the principle of proportionality derived from constitutional interpretation. The Supreme Court provides guidance on the uniform application of laws through its plenary resolutions (postanovleniya Plenuma Verkhovnogo Suda), which, while not formally binding, are followed by lower courts in practice and contribute to legal unity.

Zakonnost in Practice

Despite the formal commitment to zakonnost, implementation faces significant challenges. Selective enforcement — where laws are applied rigorously against political opponents or economic competitors but leniently toward favoured entities — undermines the principle of uniform legality. The gap between formal law and legal practice is a persistent feature of the Russian legal system. The Procuracy’s supervisory powers are themselves subject to legal regulation, but the concentration of supervisory authority in a single hierarchical body creates risks of abuse. The principle of zakonnost also coexists uneasily with the extensive use of presidential decrees to regulate matters that might be expected to require legislation, raising questions about the proper hierarchy of legal norms.

Significance

Zakonnost remains a central organising principle of Russian law. It bridges the Soviet legacy of hierarchical legal control with the post-Soviet commitment to constitutional democracy. The Procuracy’s supervisory function, the Constitutional Court’s power of constitutional review, and the ordinary courts’ administrative jurisdiction all serve to enforce zakonnost in different ways. The principle’s effectiveness depends on the independence and integrity of the institutions that enforce it, and the persistent challenges of selective enforcement and informal influence continue to test the commitment to uniform, predictable legality in Russia.