The 2020 Constitutional Amendments
The 2020 constitutional amendments represent the most comprehensive revision of the 1993 Constitution of the Russian Federation. Approved by referendum in July 2020, the amendments restructured executive power, modified the balance between federal and regional authorities, and introduced new social and ideological commitments. The amendments fundamentally altered the constitutional architecture of the Russian state, marking a significant shift from the post-Soviet constitutional settlement.
Legislative Process
President Putin proposed the amendments in his address to the Federal Assembly on 15 January 2020. The State Duma approved the bill on 11 March 2020. The Constitutional Court reviewed the amendments and affirmed their constitutionality on 16 March 2020. The nationwide vote took place from 25 June to 1 July 2020. The rapid legislative process reflected the government’s determination to enact the reforms before the end of Putin’s then-current term.
The process raised questions about compliance with constitutional amendment procedures. The amendments modified provisions in Chapter 1 of the Constitution (Foundations of the Constitutional Order), which under Article 135 can only be revised by a Constitutional Assembly, not by ordinary legislative amendment. The government circumvented this limitation by characterizing the changes as amendments rather than a revision, a distinction upheld by the Constitutional Court’s expedited review.
Presidential Term Limits
The most significant change was the reset of presidential term limits. The amended Article 81 removed the consecutive limitation on presidential terms and reset the count of presidential terms to zero, effectively allowing President Putin to run for two additional six-year terms. The amendment also increased the minimum requirements for presidential candidates, including a 25-year residency requirement and a prohibition on foreign citizenship or residency. These changes eliminated the constitutional mechanism for regular leadership rotation that was a central feature of the 1993 Constitution.
Supremacy of National Law
The amendments asserted the primacy of the Russian Constitution over international law and international court decisions. Article 79 was amended to provide that international treaties do not apply if they contravene the Constitution. The Constitutional Court was empowered to review international court decisions for constitutionality—a direct response to European Court of Human Rights judgments against Russia. This provision significantly limited the domestic effect of international human rights law.
The amendments also provided that decisions of international courts are not binding in Russia if they contradict the Constitution. The Constitutional Court has the power to declare such decisions unenforceable. This provision responded to ECtHR judgments requiring Russia to pay compensation to Yukos shareholders and to release certain prisoners. The assertion of constitutional supremacy over international law reflected a broader trend toward legal sovereignty.
Social and Ideological Provisions
The amendments introduced social welfare commitments, including regular indexation of pensions and a minimum wage not below the subsistence minimum. These provisions were largely symbolic, as the existing legislation already provided for indexation, but they elevated social commitments to constitutional status. 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 also recognized the historical continuity of the Russian state and the role of the Soviet Union in World War II. They declared that Russia is the successor of the Soviet Union and that the feats of the people in defending the Fatherland are preserved in the memory of the people. These provisions constitutionalized a particular historical narrative and assert the ideological foundations of the Russian state.
Judicial Reforms
The amendments restructured the judiciary. The Constitutional Court’s composition was reduced from 19 to 11 judges. The President gained expanded powers over the appointment and removal of judges, including the power to dismiss Constitutional Court and Supreme Court judges on the recommendation of the Federation Council. The President also gained the power to send requests to the Constitutional Court for review of legislation before its promulgation.
The judicial reforms strengthened executive influence over the judiciary while maintaining formal judicial independence. The reduction in the Constitutional Court’s size made it easier for the President to shape the Court’s composition through new appointments. The power to dismiss judges based on the Federation Council’s recommendation created a mechanism for removing recalcitrant judges. The enhanced presidential role in judicial appointments and discipline increased executive control over the judicial branch.
Federal Structure
The amendments centralized power in federal authorities. The President gained the power to dismiss regional governors and to coordinate federal and regional executive bodies. The State Council, previously an advisory body, received constitutional status. The amendments established a unified system of public authority, subordinating regional authorities to federal coordination. These changes reduced the federal character of the Russian state and strengthened presidential control over regional governance.
Significance
The 2020 amendments fundamentally altered the Russian constitutional order. They eliminated effective term limits, strengthened presidential dominance, subordinated the judiciary to executive control, and asserted constitutional supremacy over international law. The amendments represent the most significant constitutional change in post-Soviet Russia, marking a transition from the post-Soviet constitutional settlement to a more centralized and authoritarian model of governance. The amendments have had profound implications for Russian politics, law, and Russia’s relationship with the international legal order.