Russia

Local Jurisdictions under the Constitution

The constitution of 1993 resolved many of the ambiguities and contradictions concerning the degree of decentralization under the much-amended 1978 constitution of the Russian Republic; most such solutions favored the concentration of power in the central government. When the constitution was ratified, the Federation Treaty was demoted to the status of a subconstitutional document. A transitional provision of the constitution provided that in case of discrepancies between the federal constitution and the Federation Treaty, or between the constitution and other treaties involving a subnational jurisdiction, all other documents would defer to the constitution.

The 1993 constitution presents a daunting list of powers reserved to the center. Powers shared jointly between the federal and local authorities are less numerous. Regional jurisdictions are only allocated powers not specifically reserved to the federal government or exercised jointly. Those powers include managing municipal property, establishing and executing regional budgets, establishing and collecting regional taxes, and maintaining law and order (see table 25, Appendix). Some of the boundaries between joint and exclusively federal powers are vaguely prescribed; presumably they would become clearer through the give and take of federal practice or through adjudication, as has occurred in other federal systems. Meanwhile, bilateral power-sharing treaties between the central government and the subunits have become an important means of clarifying the boundaries of shared powers. Many subnational jurisdictions have their own constitutions, however, and often those documents allocate powers to the jurisdiction inconsistent with provisions of the federal constitution. As of 1996, no process had been devised for adjudication of such conflicts.

Under the 1993 constitution, the republics, territories, oblasts, autonomous oblast, autonomous regions, and cities of federal designation are held to be "equal in their relations with the federal agencies of state power"; this language represents an attempt to end the complaints of the nonrepublic jurisdictions about their inferior status. In keeping with this new equality, republics no longer receive the epithet "sovereign," as they did in the 1978 constitution. Equal representation in the Federation Council for all eighty-nine jurisdictions furthers the equalization process by providing them meaningful input into legislative activities, particularly those of special local concern (see The Parliament, this ch.). However, Federation Council officials have criticized the State Duma for failing to represent regional interests adequately. In mid-1995 Vladimir Shumeyko, then speaker of the Federation Council, criticized the current electoral system's party-list provision for allowing some parts of Russia to receive disproportionate representation in the lower house. (In the 1995 elections, Moscow Oblast received nearly 38 percent of the State Duma's seats based on the concentration of party-list candidates in the national capital.) Shumeyko contended that such misallocation fed potentially dangerous popular discontent with the parliament and politicians (see The Elections of 1995, this ch.).

Despite constitutional language equalizing the regional jurisdictions in their relations with the center, vestiges of Soviet-era multitiered federalism remain in a number of provisions, including those allowing for the use of non-Russian languages in the republics but not in other jurisdictions, and in the definitions of the five categories of subunit. On most details of the federal system, the constitution is vague, and clarifying legislation had not been passed by mid-1996. However, some analysts have pointed out that this vagueness facilitates resolution of individual conflicts between the center and the regions.