Russia's Federal Government: Structure and Key Institutions

An-14 Bural: Democracy? The Structure + Key Institutions of the Modern Russian State

Overview

• Officially a Federation, but Russia is centralized under Putin.
• The constitution's legitimacy is questionable.
• The system is equipped for judicial review, but the Constitutional Court has never challenged the executive branch.
• The Duma and Federation Council were once effective checks on power but are now under Putin's control.
• Power is increasingly concentrated in the executive branch.
• The military and security forces are not key political players.
• The presidency has traditionally been very powerful, but there was confusion regarding the Prime Minister's role when Putin held that position.

Federalism in Russia: A Historical Perspective

• USSR as a Federation:
  • The USSR was formally a federation with 15 republics and numerous autonomous regions to accommodate 104 ethnicities.
  • The theory was to allow ethnicities control over culture, but Stalin and the central government kept them competing and divided.
  • Most power remained with the central government, which used the Communist Party, military, and KGB as centralizing forces.
  • In practice, the USSR was more unitary than federal.
• Russian Federation:
  • After the end of the USSR, Russia remained an official federation with 89 sub/regional republics or autonomous regions.
  • During the Yeltsin era, much power devolved, and by the mid-1990s, many regions were controlled by corrupt strongmen elected unfairly.
  • Putin recentralized power by making all governors appointed by the central government and created large new regions, appointing governors loyal to him from the FSB.
• Central Government Power:
  • The central government executive concentrates power by selecting who picks the Federal Upper House.

The Constitution of 1993

• Modeled partly on France’s 1952 constitution, creating a semi-presidential system.
• Officially established Russia as a liberal democracy:
  • Free elections, a neutral judiciary, rule of law, civilian control of the military, and division of powers.
• Approved by a majority of citizens in a nationwide referendum in 1993.
• Can be amended by a two-thirds majority in the Duma.
• Since Putin’s United Russia has controlled the Duma, he has been able to amend it, e.g., extending the presidential term to 6 years from 4.

The Semi-Presidential System

• Duma (Legislative):
  • Elections influence the composition of the Duma.
  • The Duma can confirm or reject the Prime Minister.
• President (Executive):
  • Appoints the Cabinet and Federation Council.
  • Can dissolve the Duma under certain conditions.
• Cabinet (Executive):
  • Appointed by the President.
• Regional Governors (Federation Districts):
  • Appoint members to the Federation Council.
• Constitutional Court:
  • Ensures policy aligns with the constitution.

The Duma (Lower House)

• Role and Powers:
  • 450 elected members; 4-year terms.
  • Passes laws, approves the budget, and confirms many of the President's appointments, including Cabinet and Prime Minister.
  • If the Duma rejects the PM nomination 3 times, the President can dissolve it and hold new elections.
  • Can vote non-confidence in the cabinet and PM.
  • Can override a presidential veto with a 2/3rd majority.
• Historical Context:
  • Post-USSR, the first Dumas were very uncooperative towards Yeltsin.
  • The Duma opposed attempts to centralize power and refused in 1993 to dissolve, causing Yeltsin to order the army to shell the Duma until they surrendered.
  • Initially, the Duma was fractured by the sheer number of parties, many of them opposed to the President's agenda.
  • Putin’s electoral success allowed United Russia to dominate the Duma since 2000, resulting in strong and timely support for the executive’s policies.
• Influence and Function:
  • In theory, the Duma can serve as a powerful check on the Executive.
  • However, United Russia’s majority shrank noticeably in recent elections – so perhaps will become more influential.
  • Critics argue that – in practice – it has not recently offered a serious check on Executive power.
  • Others claim that current cooperation simply represents the will of voters and is a natural result of frustration with the legislative gridlock of the Yeltsin years.

The Federation Council (Upper House)

• Composition and Powers:
  • 170-seat unelected Upper house empowered to change internal borders, confirm appointments of top judges and prosecutors, and approve foreign deployment of military forces.
  • A “regional” house designed to represent the views of regional governments, giving them each an equal voice.
  • 2 members are appointed by each regional/republic governor (21 republics, 46 oblasts, 9 krais, 2 federal cities, 4 autonomous okrugs, and 1 autonomous oblast).
• Influence and Function:
  • Again, theoretically a strong check on the executive and central government.
  • In practice, however, it has not recently challenged the executive. The current chairman heads “United Russia” – a party allied with Putin.
  • The council is arguably under the control of the President, now that he appoints regional governors!

The President

• Powers and Role:
  • Elected for a maximum of two 6-year terms (changed from 4 in 2011).
  • Can return for additional terms after someone else has served (***2020 constitutional reset!).
  • Originally designed as a strong president, along the French/German model.
  • Chief executive, with a strong policy-making role.
  • Can rule by decree in many areas and has major emergency powers.
  • Can veto bills and dissolve parliament.
  • Can appoint and fire PM and cabinet (confirmation by Duma).
• Historical Context:
  • Early on, Yeltsin tried to increase the powers of the presidency.
  • The Duma resisted him, feeling he was becoming dictatorial, leading to gridlock.
  • Putin managed to grow powers because his party dominated the Duma.
  • Putin put forward an amended constitution to transfer powers from President to PM.
  • Last President Medvedev was considered a figurehead/lapdog, while Putin remained the real power.
  • Now that Putin is back as President, it's clear that he’s the boss!

The Prime Minister

• Role and Appointment:
  • Considered the Head of Government.
  • Appointed by the President and confirmed by the Duma.
  • Is considered the back-up President and automatically becomes “Acting President “if he/she is incapacitated (exactly how Putin came to Power!).
• Historical Context:
  • A series of PMs were hired + fired by Yeltsin until Putin.
  • When he was PM, Putin took over many responsibilities formerly assigned to the President.
  • When he was PM, Medvedev didn’t seem to have the same power as Putin…
  • Russia’s new PM (Jan 2020) - Mikhail Mishustin

The Cabinet & Bureaucracy

• Appointed by the President on the advice of the PM and advisors, confirmed by the Duma.
• Manages bureaucracy + govt departments (which are somewhat inefficient + corrupt, due to political interference in hiring).
• Is not necessarily composed of members of the Duma – can be unelected officials.
• Can be essentially fired by Duma through a non-confidence vote.
• Dominated by the wishes of the PM + President.

The Constitutional Court

• Structure and Powers:
  • Top judicial institution, similar to the US Supreme Court, with German + French elements.
  • 19 judges appointed by the President, confirmed by the Fed. Council + can’t be fired.
  • Officially empowered to conduct judicial review, acting on complaints or requests submitted by either state or citizens.
• Influence and Function:
  • Theoretically, an independent check on the power of the executive + legislature.
  • However, has not in practice actively limited the power of the executive branch.
  • Many observers considered it to be heavily under the influence of Putin, whose party control appointments.
  • No long-standing tradition of judicial action or interpretation to draw on.

The Military & Security Services

• Unlike in China, the military in Russia never played a prominent political role during the Communist period.
• It was always dominated by the Party and remains subordinate to the Executive today.
• Many former members of Security services, such as the FSB (like the FBI) and SVR (like the CIA), have key political positions under Putin, but influence is derived from loyalty to Putin, rather than the influence of the organizations themselves.

The Kremlin

• The term “Kremlin” refers to the heart of Russia’s central government – the Executive (like USA’s “White House”).
• It refers to the old fortress in the centre of Moscow where many of the Executive offices (including the President’s) are found.

Trends in Russian Government

• Difference between formal + actual practices of institutions and government (a liberal democracy on paper but…)
• Increasing concentration of power from legislatures to top Executives.
• Increasing centralization of power from regional governments to the central government.
• More effective policy-making, given coordination between the executive + allies in the legislature.
• Lingering uncertainty about the roles + relative power of PM + President.
• Potential for, but no tradition of judicial review.

Summary

• Officially a Federation, Russia is very centralized under Putin.
• The constitution isn't overly legitimate.
• Equipped for judicial review, the Constitutional Court never challenged the executive.
• Once an effective check on power, the Duma & Fed. Council not under Putin.
• Power increasingly concentrated in the Executive.
• Military & Security forces are not key political players.
• Traditionally, the Presidency is very powerful, but there was confusion with PM when Putin was.

Concentration & Centralization Report For Russia - 2013

• Increasing centralization under Putin (now a federation in name only?)
• Significantly increased concentration under Putin (seems set to continue!).