On May 20, 2009, the State Duma of the RF adopted in the first reading draft federal law “On Introduction of Changes into the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, submitted by the President of the Russian Federation and stipulating that the Chair of the Constitutional Court and his deputies should be appointed by the Federation Council on the presentation by the head of the state and not be elected by the judges of the Constitutional Court like it has been taking place up to now.
On May 22 the draft law was adopted already in the second and third readings.
The hurry of submitting and adopting the draft law is surprising, as there has been no reason for abolishment of the satisfactory functioning procedure of election of the Chair of the Constitutional Court by secret ballot by the judges of the Court and from the court judges on the professional competence criterion.
Since its creation in October 1991 the Constitutional Court of the RF has been the only court in Russia with the heads elected by the court judges’ secret ballot.
Moreover, it would have been more logical from the point of view of true independence of the judicial authority in Russia to spread this experience on courts of arbitration and courts of general jurisdiction.
The draft constitutional law was adopted by the Russian parliament without any discussion either with the citizens whose rights are protected by the Constitutional Court or with the federation subjects that, according to the Constitution of the RF, enjoy the right of legislative initiative.
The Bureau of the YABLOKO party finds the draft law contradicting the Constitution of the RF which runs that President has the right to present to the Federation Council only the candidacies for appointing judges of the Constitutional, the Supreme and the Higher Arbitration Courts but not their heads.
The Bureau of the YABLOKO party thinks that adoption of the law will inevitably lead to a greater dependence of the Constitutional Court from the President which will affect objective and unbiased decision-making by the court and, which is especially important, will reduce the public importance of the Constitutional Court.
The Bureau of the YABLOKO party is certain that the real motives behind the President’s desire to abolish the democratic order of election of the Constitutional Court head have not been stated publicly and this raises concern.
In our opinion, these amendments mark the formation of the vertical of the power starting from the abolishment of public election of the heads of federation subjects and finishing by appointing the head and deputy heads of the Constitutional Court. The Federation Council can not be considered a politically independent and democratically elected state power body either. Consequently, the political authority has strengthened bureaucratic control over the judicial authority reducing the ability of the Constitutional Court to curb unlawful developments in the state.
Changing the order of election of the Constitutional Court head will drive us to a stage when virtually all the state bodies will be built into the vertical of power. This will significantly lower the prospects for protection of the rights and liberties of the Russian citizens.
The amendments adopted by the State Duma considerably disrupt the independence of the Constitutional Court of the RF endangering the fundamental principle of division of powers envisaged by the Constitution of the RF and creating legal and political risks.
The Russian United Democratic Party YABLOKO states that the current amendments into the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” devaluate President Medvedev’s words about the need of democratic development of the country and facilitate liquidation of an independent judicial system in Russia
Chairman of the party
Sergei Mitrokhin
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