The forthcoming amendments to the Russian Constitution have become the main political news in Russia today and the main topic of Vladimir Putin’s address to the Federal Assembly. To save the reader’s time, let’s just say this: all the changes regarding the redistribution of power between the nominal governing institutions are just a rearrangement of the same elements.
We have already seen Prime Minister Putin under President Medvedev, and now we have Prime Minister Medvedev under President Putin. Through this so-called «transfer,» Prime Minister Putin will again become Prime Minister under President Medvedev or someone else. This time, however, Putin has decided not to trust his successor and to secure his position by expanding the powers of the government, which he will lead through parliamentary control. It’s simple and predictable.
But there is a much more important change being prepared in the Constitution that affects all Russians and the nature of the country as a whole. This change involves the elimination of the wording in the Constitution that states that the provisions of international law and international treaties take precedence over Russian legislation. Now they are planning to do the exact opposite — to declare the supremacy of Russian legislation over international law.
To understand why this is important, the provisions of international treaties and conventions to which Russia is a party include numerous international conventions on human rights, which the Kremlin has pledged to uphold. On the other hand, Russian legislation consists of laws enacted in recent years under Putin’s rule that have gradually restricted these rights.
Until now, laws and decisions adopted in Russia could be challenged in international institutions if they contradicted international conventions and treaties to which Russia was a party. For example, in the European Court of Human Rights, where many Russians sought justice against the country’s authorities.
Now, by declaring the primacy of Russian legislation over international law, such a possibility will either be eliminated or significantly reduced. International law will be erased from Russian legislation, along with the international concept of human rights and mechanisms for their protection.
This is the most important upcoming constitutional change that affects all Russians.