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Unit 9: Constitutional Structure: Judiciary

The Supreme Court is the highest judicial body of the Federation for civil, criminal, administrative Notes
and other cases examined by courts of arbitration; it exercises judicial supervision over their activities
in the procedural forms envisaged by federal law and shall provide interpretation on issues of judicial
proceedings. The Supreme Arbitration Court of the Federation is the highest judicial body for settling
economic disputes and other cases examined by courts of arbitration; it exercises judicial supervision
over their activities in the procedural forms envisaged by federal law and provides interpretation on
issues of judicial proceedings.
The Constitutional Court of the Federation consists of 19 judges. It is the custodian of the Constitution.
At the request of the President, or of the Federation Council, or of the Government, or of the Supreme
Court, or of the Supreme Arbitration Court, or of any legislative or executive department of any
constituent unit of the Russian Federation, this Court hears and decides whether or not an impugned
law or action of the Centre or of the government of any constituent unit is in conformity with the
provisions of the Russian Constitution or of any treaty signed by the Centre. It also settles disputes
between government bodies of the Centre and between government bodies of the Centre and the
constituent units of the Federation. It interprets the provisions of the Constitution at the request of
the President, or of any chamber of the Federal Assembly of the Centre, or of some such body of a
constituent unit. It also exercises the power of judicial review by looking into the validity of a law or
action of the Central or regional and local governments as to whether it is in violation of the
constitutional rights and freedoms of the citizens. It also decides whether a particular international
treaty signed by the Centre is consistent with the provisions of the Constitution. In case the
Constitutional Court strikes down any law or order or treaty on the ground of its unconstitutionality,
it shall not be enforceable.
Federation Council, this Court may issue a resolution on the observance of the established procedure
for bringing charges of treason or of other grave crimes against the President of the Federation.
The provisions of the Constitution demonstrate a marked change in the judicial process of this country
by virtue of making arrangements for an independent judiciary. But in one respect the tradition of
the earlier Soviet Constitutions has been maintained. The offices of the Prosecutor-General and of
subordinate prosecutors have been included in the domain of judicial authority. More than this, the
whole structure has been given a centralized form like the system of procuratorate as established
under the Stalin and the Brezhnev constitutions. Art. 129 says that the office the Prosecutor-General
of the Russian Federation shall be a single centralised structure in which public prosecutors are
subordinated to higher public prosecutors. The Prosecutor-General shall be appointed and dismissed
by the Federation Council on the recommendation of the President. The prosecutors of the constituent
units of the Federation shall be appointed by the Prosecutor-General with the consent of the
government of the unit concerned. All other prosecutors shall be appointed by the Prosecutor-General
of the Federation. The powers of the Prosecutor-General of the Federation shall be determined by a
federal law.
The operation of the Russian political system should, however, be appreciated with a sense of caution.
Democratic institutions are developing, of course, but things will take time to consolidate themselves.
When the Constitutional Court established by Yeltsin in June 1991 over-ruled some of the actions of
the President, he dubbed it as an activist role of the judiciary and dissolved it. He also dissolved the
sitting Parliament in October, 1993. The result was that the Parliament and the Constitutional Court
were recreated according to the wishes of the President. He also managed to restructure the powers
of the Courts by urging the Federal Assembly to make laws in this regard. Hence, it is commented:
“Executive centralism is prevalent at least in theory.. .Russia has traditionally lacked an independent
judiciary., but since independence some steps have been taken towards the separation of the judicial
system from the political authorities.” Those who see things from close quarters find that the dominant
role of bureaucracy is still there. Prof. Garvil Popov, former Mayor of Moscow, testifies to it in these
words: “The country’s old command system, the core of which was the Communist Party viewed
power exclusively as an instrument for achieving its own ends. It has gone now. But this does not
mean that it has been replaced by democratic rule. Only a system capable of organising certain aspects
of society’s life outside the state system, that is on an independent basis, can act as a real alternative
to bureaucracy. Today bureaucracy reigns everywhere.”

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