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RUSSIA - GOVERNMENT AND POLITICAL CONDITIONS
In the political system established by the 1993 constitution, the president wields considerable executive power. There is no vice president, and the legislative branch is far weaker than the executive. The bicameral legislature consists of the lower house (State Duma) and the upper house (the Federation Council). The president nominates the highest state officials, including the prime minister, who must be approved by the Duma. The president can pass decrees without consent from the Duma. He also is head of the armed forces and of the Security Council.
Duma elections were held most recently on December 2, 2007, and presidential elections on March 2, 2008. The pro-government party, United Russia, won a constitutional majority (more than two-thirds) of the seats in the Duma. Of the three other parties that won seats in the Duma, two of them--Just Russia and the Liberal Democratic Party--are considered to have a pro-Kremlin orientation. The final party represented in the Duma--the Communist Party--is the only opposition party. The Organization for Security and Cooperation in Europe's (OSCE) Office of Democratic Institutions and Human Rights did not observe the Duma elections because of restrictions placed on the observer mission by the Government of Russia and delays in issuing visas. Parliamentarians of the OSCE and the Council of Europe who observed the elections concluded that they were "not fair and failed to meet many OSCE and Council of Europe commitments and standards for democratic elections." They noted that the elections took place in an atmosphere which seriously limited political competition. Frequent abuses of administrative resources, media coverage strongly in favor of United Russia, and the revised election code combined to hinder political pluralism.
Dmitriy Medvedev, running as United Russia's candidate, was elected to a four-year term as President on March 2, 2008, with 70.28% of the vote. The Russian constitution does not allow presidents to serve more than two consecutive terms. A December 2008 law extended the terms of Duma deputies from four to five years and presidential terms from four to six years. The new terms take effect with the next elections, which for the Duma are scheduled to occur in December 2011 and for President in March 2012.
Russia is a federation, but the precise distribution of powers between the central government and the regional and local authorities is still evolving. The Russian Federation consists of 84 administrative units, including two federal cities, Moscow and St. Petersburg. The constitution explicitly defines the federal government's exclusive powers, but it also describes most key regional issues as the joint responsibility of the federal government and the regional administrative units. In 2000, President Putin grouped the regions into seven federal districts, with presidential appointees established in Moscow and six provincial capitals. In March 2004, the Constitution was amended to permit the merger of some regional administrative units. A law enacted in December 2004 eliminated the direct election of the country's regional leaders. Governors are now nominated by the president and subject to confirmation by regional legislatures.
The Russian judicial system consists of the Constitutional Court, courts of general jurisdiction, military courts, and arbitrage courts (which hear commercial disputes). The Constitutional Court of the Russian Federation is a court of limited subject matter jurisdiction. The 1993 constitution empowers the Constitutional Court to arbitrate disputes between the executive and legislative branches and between Moscow and the regional and local governments. The court also is authorized to rule on violations of constitutional rights, to examine appeals from various bodies, and to participate in impeachment proceedings against the president. The July 1994 Law on the Constitutional Court prohibits the court from examining cases on its own initiative and limits the scope of issues the court can hear. The system of general jurisdiction courts includes the Supreme Court of the Russian Federation, regional level courts, district level courts and justices of the peace.
The Duma passed a Criminal Procedure Code and other judicial reforms during its 2001 session. These reforms help make the Russian judicial system more compatible with its Western counterparts and are seen by most as an accomplishment in human rights. The reforms have reintroduced jury trials in certain criminal cases and created a more adversarial system of criminal trials that protect the rights of defendants more adequately. Another significant advance in the new Code is the transfer from the Procuracy to the courts of the authority to issue search and arrest warrants. There are rising concerns, however, that prosecutors have selectively targeted individuals for political reasons, as in the prosecution of Yukos Oil CEO Mikhail Khodorkovskiy.
In spite of the general tendency to increase judicial independence (for example, by recent considerable salary raise to judges), many judges still see their role not as of impartial and independent arbiters, but as of government officials protecting state interests. See below for more information on the commercial court/business law.
Russia's human rights record remains uneven and poor in some areas. Despite significant improvements in conditions following the end of the Soviet Union, problem areas remain. In particular, the Russian Government's policy in the North Caucasus has been a cause for international concern. Although the government has recognized the legitimacy of international human rights standards, the institutionalization of procedures to safeguard these rights has lagged. There are, however, some indications that the law is becoming an increasingly important tool for those seeking to protect human rights.
The judiciary is not independent, is often subject to manipulation by political authorities, and is plagued by large case backlogs and trial delays. Lengthy pretrial detention remains a serious problem. Russia has one of the highest prison population rates in the world, at 632 per 100,000. There are credible reports of beating and torture of inmates and detainees by law enforcement and correctional officials, and brutality perpetrated by the prisoners themselves, some of whom are informally granted authority to enforce order within the prisons. Prison conditions fall well below international standards and extreme overcrowding is common. In 2001, President Putin ordered a moratorium on the death penalty. There are reports that the Russian Government might still be violating promises they made upon entering the European Council, especially in terms of prison control and conditions.
In the North Caucasus, there have been credible allegations of violations of international human rights and humanitarian law committed by Russian and pro-Moscow Chechen forces. Rebels also have committed abuses and acts of terrorism. Although the number of kidnappings and disappearances committed by government and rebel forces markedly declined in Chechnya in 2007 and 2008, similar incidents have been reported in neighboring Ingushetiya and Dagestan. Russian authorities have introduced some improvements, such as requiring the presence of civilian investigators during all large-scale military operations and targeted search and seizure operations. Human rights groups claim that most abuses remain uninvestigated and unpunished and have spread more broadly in the North Caucasus.
The Russian constitution provides for freedom of religion, the equality of all religions before the law, and the separation of church and state. More than 70% of Russians identify themselves as Russian Orthodox. While Muslims, Jews, and other religious minorities continue to encounter prejudice and societal discrimination, they have not been inhibited by the government in the free practice of their religion. High-ranking federal officials have condemned anti-Semitic hate crimes, but law enforcement bodies have not always effectively prosecuted those responsible. The Federal Registration Service and some local officials continue to prevent some religious minorities from registering locally or from acquiring property. One legal requirement (namely that religious groups be established at least 15 years before being able to register as a religious organization) continues to prevent the Church of Scientology from registering outside of the city of Moscow.
The constitution provides for freedom of speech and of the press; however, in practice government pressure on the media persists, resulting in numerous infringements of these rights. The government uses direct ownership or ownership by large private companies with links to the government to control or influence the major media outlets, especially television, through direct control and through self-censorship by editors and journalists. The government uses its controlling ownership in major national television and radio stations, as well as the majority of influential regional ones, to restrict access to information about issues deemed sensitive, including coverage of opposition political parties and movements. Unsolved murders of journalists, including the murder of respected investigative reporter Anna Politkovskaya in October 2006, have caused significant international concern and increased the reluctance of journalists to cover controversial subjects.
The 2006 law on non-governmental organizations (NGOs) created a burdensome registration process for all NGOs with stricter requirements for foreign-funded NGOs and more relaxed requirements for religious organizations. The law and implementing regulations impose onerous paperwork reporting burdens on NGOs, which many medium and small NGOs have been unable to meet as evidenced by the fact that only 36% of local NGOs had met their reporting requirements by October 2007. Most foreign NGOs have successfully re-registered. Authorities also have used a separate law against extremism as a pretext for closing opposition NGOs and media entities, doing so for the first time in January 2007.
The constitution guarantees citizens the right to choose their place of residence and to travel abroad. Some big-city governments, however, have restricted this right through residential registration rules that closely resemble Soviet-era restrictions. These restrictions, though, are widely circumvented, as evidenced by the large number of undocumented foreign workers in these cities. The freedom to travel abroad and emigrate is respected although restrictions may apply to those who have had access to state secrets, or who have court orders against them for default on debts. Since 1994, the U.S. President has found Russia to be in full compliance with the provisions of the Jackson-Vanik Amendment.
Principal Government Officials
Prime Minister--Vladimir Putin
The Russian Federation maintains an embassy at 2650 Wisconsin Ave., NW, Washington, DC 20007 (tel. 202-298-5700) and a consular section at 2641 Tunlaw Road, Washington, DC (tel. 202-939-8907/8913/8918). Russian consulates also are located in Houston, New York, San Francisco, and Seattle.
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