The Soviet inheritance

The first constitution of the Soviet Union, as promulgated in 1924, incorporated a treaty of union between various Soviet republics. Under the treaty, the Russian Socialist Federative Soviet Republic became known as the Russian Soviet Federated Socialist Republic (RSFSR). Nominally, the borders of each subunit incorporated the territory of a specific nationality. The constitution endowed the new republics with sovereignty, although they were said to have voluntarily delegated most of their sovereign powers to the Soviet center. Formal sovereignty was evidenced by the existence of flags, constitutions, and other state symbols, and by the republics' constitutionally guaranteed "right" to secede from the union.

Russia was the largest of the Union republics in terms of territory and population. During the Cold War era (ca 1947-1991), because of the Russians' dominance in the affairs of the union, the RSFSR failed to develop some of the institutions of governance and administration that were typical of public life in the other republics: a republic-level communist party, a Russian academy of sciences, and Russian branches of trade unions, for example. As the titular nationalities of the other fourteen union republics began to call for greater republic rights in the late 1980s, however, ethnic Russians also began to demand the creation or strengthening of various specifically Russian institutions in the RSFSR.

Gorbachev, 1985 - 1991

Certain policies of Soviet leader Mikhail Gorbachev (in office as General Secretary of the Communist Party of the Soviet Union from 1985 to 1991) also encouraged nationalities in the union republics, including the Russian Republic, to assert their rights. These policies included glasnost (literally, public "voicing"), which made possible open discussion of democratic reforms and long-ignored public problems such as pollution. Glasnost also brought constitutional reforms that led to the election of new republic legislatures with substantial blocs of pro-reform representatives.

In the RSFSR a new legislature, called the Congress of People's Deputies, was elected in March 1990 in a largely free and competitive vote. Upon convening in May, the congress elected Boris Yeltsin, a onetime Gorbachev protégé who had resigned/been exiled from the top party echelons because of his radical reform proposals and erratic personality, as president of the congress's permanent working body, the Supreme Soviet. The next month, the Congress declared Russia's sovereignty over its natural resources and the primacy of Russia's laws over those of the central Soviet government.

During 1990-1991, the RSFSR enhanced its sovereignty by establishing republic branches of organizations such as the Communist Party, the Academy of Sciences of the Soviet Union, radio and television broadcasting facilities, and the Committee for State Security (Komitet gosudarstvennoy bezopasnosti—KGB). In 1991 Russia created a new executive office, the presidency, following the example of Gorbachev, who had created such an office for himself in 1990.

Yeltsin, 1991

The Russian presidential election of June 1991 conferred legitimacy on the office, whereas Gorbachev had eschewed such an election and had himself appointed by the Soviet parliament. Despite Gorbachev's attempts to discourage Russia's electorate from voting for him, Yeltsin won the popular election to become the president, handily defeating five other candidates with more than 57 percent of the vote.

Yeltsin used his role as president of Russia to trumpet Russian sovereignty and patriotism, and his legitimacy as president was a major cause of the collapse of the coup by hard-line government and party officials against Gorbachev, the August coup of 1991. The coup leaders had attempted to overthrow Gorbachev in order to halt his plan to sign a New Union Treaty that they believed would wreck the Soviet Union. Yeltsin defiantly opposed the coup plotters and called for Gorbachev's restoration, rallying the Russian public. Most importantly, Yeltsin's faction led elements in the "power ministries" that controlled the military, the police, and the KGB to refuse to obey the orders of the coup plotters. The opposition led by Yeltsin, combined with the irresolution of the plotters, caused the coup to collapse after three days.

Following the failed August coup, Gorbachev found a fundamentally changed constellation of power, with Yeltsin in de facto control of much of a sometimes recalcitrant Soviet administrative apparatus. Although Gorbachev returned to his position as Soviet president, events began to bypass him. Communist Party activities were suspended. Most of the union republics quickly declared their independence, although many appeared willing to sign Gorbachev's vaguely-delineated confederation treaty. The Baltic states achieved full independence, and they quickly received diplomatic recognition from many nations. Gorbachev's rump government recognized the independence of Estonia, Latvia, and Lithuania in August and September 1991.

In late 1991, the Yeltsin government assumed budgetary control over Gorbachev's rump government. Russia did not declare its independence, and Yeltsin continued to hope for the establishment of some form of confederation. In December, one week after the Ukrainian Republic approved independence by referendum, Yeltsin and the leaders of Ukraine and Belarus met to form the Commonwealth of Independent States (CIS). In response to calls by the Central Asian and other union republics for admission, another meeting took place in Alma-Ata, on 21 December, to form an expanded CIS.

At that meeting, all parties declared that the 1922 treaty of union, which had established the Soviet Union, annulled and that the Soviet Union had ceased to exist. Gorbachev announced the decision officially on 25 December 1991. Russia gained international recognition as the principal successor to the Soviet Union, receiving the Soviet Union's permanent seat on the United Nations Security Council and positions in other international and regional organizations. The CIS states also agreed that Russia initially would take over Soviet embassies and other properties abroad.

In October 1991, during the "honeymoon" period after his resistance to the Soviet coup, Yeltsin had convinced the legislature to grant him special executive (and legislative) powers for one year so that he might implement his economic reforms. In November 1991 Yeltsin appointed a new government, with himself as acting prime minister, a post he held until the appointment of Yegor Gaidar as acting prime minister in June 1992.

Post-Soviet development under Yeltsin 1991-1993

During 1992 Yeltsin and his reforms came under increasing attack from former members and officials of the Communist Party of the Soviet Union, from extreme nationalists, and from others calling for reform to be slowed or even halted in Russia. A locus of this opposition was increasingly the two-chamber parliament, the Supreme Soviet of Russia, comprising the Soviet of the Republic and the Soviet of Nationalities. The Chair of the Supreme Soviet, Ruslan Khasbulatov, became Yeltsin's most vocal opponent. Under the 1978 constitution, the parliament was the supreme organ of power in Russia.

After Russia added the office of president in 1991, the division of powers between the two branches remained ambiguous, while the Congress of People's Deputies of Russia (CPD) retained its obvious power "to examine and resolve any matter within the jurisdiction of the Russian Federation". In 1992 the Congress was even further empowered, gaining the ability to suspend any articles of the Constitution, per amended article 185 of the 1978 Constitution (Basic Law) of the Russian Federation.

Although Yeltsin managed to beat back most challenges to his reform program when the CPD met in April 1992, in December he suffered a significant loss of his special executive powers. The CPD ordered him to halt appointments of administrators in the localities and also the practice of naming additional local oversight emissaries (termed "presidential representatives"). Yeltsin also lost the power to issue special decrees concerning the economy, while retaining his constitutional power to issue decrees in accordance with existing laws.

When the CPD rejected Yeltsin's attempt to secure the confirmation of Gaidar as prime minister (December 1992), Yeltsin appointed Viktor Chernomyrdin, whom the parliament approved because he was viewed as more economically conservative than Gaidar. After contentious negotiations between the parliament and Yeltsin, the two sides agreed to hold a national referendum to allow the population to determine the basic division of powers between the two branches of government. In the meantime, proposals for extreme limitation of Yeltsin's power were tabled.

However, early 1993 saw increasing tension between Yeltsin and the parliament over the referendum and over power-sharing. In mid-March 1993, an emergency session of the CPD rejected Yeltsin's proposals on power-sharing and canceled the referendum, again opening the door to legislation that would shift the balance of power away from the president. Faced with these setbacks, Yeltsin addressed the nation directly to announce a "special regime", under which he would assume extraordinary executive power pending the results of a referendum on the timing of new legislative elections, on a new constitution, and on public confidence in the president and vice president. After the Constitutional Court declared his announcement unconstitutional, Yeltsin backed down.

Despite Yeltsin's change of heart, a second extraordinary session of the CPD took up discussion of emergency measures to defend the constitution, including impeachment of the president. Although the impeachment vote failed, the CPD set new terms for a popular referendum. The legislature's version of the referendum asked whether citizens had confidence in Yeltsin, approved of his reforms, and supported early presidential and legislative elections.

Under the CPD's terms, Yeltsin would need the support of 50 percent of eligible voters, rather than 50 percent of those actually voting, to avoid an early presidential election. In the vote on 25 April, Russians failed to provide this level of approval, but a majority of voters approved Yeltsin's policies and called for new legislative elections. Yeltsin termed the results, which delivered a serious blow to the prestige of the parliament, a mandate for him to continue in power.

In June 1993 Yeltsin decreed the creation of a special constitutional convention to examine the draft constitution that he had presented in April. This convention was designed to circumvent the parliament, which was working on its own draft constitution. As expected, the two main drafts contained contrary views of legislative-executive relations. The convention, which included delegates from major political and social organizations and the 89 subnational jurisdictions, approved a compromise draft constitution in July 1993, incorporating some aspects of the parliament's draft. The parliament failed to approve the draft, however.

In late September 1993, Yeltsin responded to the impasse in legislative-executive relations by repeating his announcement of a constitutional referendum, but this time he followed the announcement by dissolving the parliament and announcing new legislative elections for December (see Russian constitutional crisis of 1993). The CPD again met in emergency session, confirmed Vice President Aleksandr Rutskoy as president, and voted to impeach Yeltsin. On 27 September, military units surrounded the legislative building (popularly known as the White House - Russian: Белый дом), but 180 delegates refused to leave the building. After a two-week standoff, Rutskoy urged supporters outside the legislative building to overcome Yeltsin's military forces. Firefights and destruction of property resulted at several locations in Moscow.

The next day, on 3 October, 1993 Yeltsin chose a radical solution to settle his dispute with parliament: he called up tanks to shell the parliament building. Under the direction of Minister of Defense Pavel Grachev, tanks fired on the White House, and military forces occupied the building and the rest of the city. As Yeltsin was taking the unconstitutional step of dissolving the legislature, Russia came the closest to serious civil conflict since the revolution of 1917. This open, violent confrontation remained a backdrop to Yeltsin's relations with the legislative branch for the next three years.

Development since 1993

Presidential powers

Russia's president determines the basic direction of Russia's domestic and foreign policy and represents the Russian state within the country and in foreign affairs. The president appoints and recalls Russia's ambassadors upon consultation with the legislature, accepts the credentials and letters of recall of foreign representatives, conducts international talks, and signs international treaties. A special provision allowed Yeltsin to complete the term prescribed to end in June 1996 and to exercise the powers of the new constitution, although he had been elected under a different constitutional order.

In the 1996 presidential election campaign, some candidates called for eliminating the presidency, criticizing its powers as dictatorial. Yeltsin defended his presidential powers, claiming that Russians desire "a vertical power structure and a strong hand" and that a parliamentary government would result in indecisive talk rather than action.

Several prescribed powers put the president in a superior position vis-à-vis the legislature. The president has broad authority to issue decrees and directives that have the force of law without judicial review, although the constitution notes that they must not contravene that document or other laws. Under certain conditions, the president may dissolve the State Duma, the lower house of parliament, the Federal Assembly. The president has the prerogatives of scheduling referendums (a power previously reserved to the parliament), submitting draft laws to the State Duma, and promulgating federal laws.

The executive-legislative crisis of the fall of 1993 prompted Yeltsin to emplace constitutional obstacles to legislative removal of the president. Under the 1993 constitution, if the president commits "grave crimes" or treason, the State Duma may file impeachment charges with the parliament's upper house, the Federation Council. These charges must be confirmed by a ruling of the Supreme Court that the president's actions constitute a crime and by a ruling of the Constitutional Court that proper procedures in filing charges have been followed. The charges then must be adopted by a special commission of the State Duma and confirmed by at least two-thirds of State Duma deputies.

A two-thirds vote of the Federation Council is required for removal of the president. If the Federation Council does not act within three months, the charges are dropped. If the president is removed from office or becomes unable to exercise power because of serious illness, the prime minister is to temporarily assume the president's duties; a presidential election then must be held within three months. The constitution does not provide for a vice president, and there is no specific procedure for determining whether the president is able to carry out his duties.

Russian opposition protest in Moscow, 1 March 2015

The president is empowered to appoint the prime minister to chair the Government (called the cabinet or the council of ministers in other countries), with the consent of the State Duma. The President of the Russian Federation chairs the meetings of the Government of the Russian Federation. He can also dismiss the government entirely. Upon the advice of the prime minister, the president can appoint or remove Government members, including the deputy prime ministers.

The president submits candidates to the State Duma for the post of chairman of the Central Bank of the Russian Federation (RCB) and may propose that the State Duma dismiss the chairman. In addition, the president submits candidates to the Federation Council for appointment as justices of the Constitutional Court, the Supreme Court, and the Superior Court of Arbitration, as well as candidates for the office of procurator general, Russia's chief law enforcement officer. The president also appoints justices of federal district courts.

Presidential elections

The constitution sets few requirements for presidential elections, deferring in many matters to other provisions established by law. The presidential term is set at six years, and the president may only serve two consecutive terms. A candidate for president must be a citizen of Russia, at least 35 years of age, and a resident of the country for at least ten years. If a president becomes unable to continue in office because of health problems, resignation, impeachment, or death, a presidential election is to be held not more than three months later. In such a situation, the Federation Council is empowered to set the election date.

The Law on Presidential Elections, ratified in May 1995, establishes the legal basis for presidential elections. Based on a draft submitted by Yeltsin's office, the new law included many provisions already contained in the Russian Republic's 1990 election law; alterations included the reduction in the number of signatures required to register a candidate from 2 million to 1 million. The law, which set rigorous standards for fair campaign and election procedures, was hailed by international analysts as a major step toward democratization. Under the law, parties, blocs, and voters' groups register with the Central Electoral Commission of Russia (CEC) and designate their candidates. These organizations then are permitted to begin seeking the 1 million signatures needed to register their candidates; no more than 7 percent of the signatures may come from a single federal jurisdiction. The purpose of the 7 percent requirement is to promote candidacies with broad territorial bases and eliminate those supported by only one city or ethnic enclave.

The law required that at least 50 percent of eligible voters participate in order for a presidential election to be valid. In State Duma debate over the legislation, some deputies had advocated a minimum of 25 percent (which was later incorporated into the electoral law covering the State Duma), warning that many Russians were disillusioned with voting and would not turn out. To make voter participation more appealing, the law required one voting precinct for approximately every 3,000 voters, with voting allowed until late at night. The conditions for absentee voting were eased, and portable ballot boxes were to be made available on demand. Strict requirements were established for the presence of election observers, including emissaries from all participating parties, blocs, and groups, at polling places and local electoral commissions to guard against tampering and to ensure proper tabulation.

The Law on Presidential Elections requires that the winner receive more than 50 percent of the votes cast. If no candidate receives more than 50 percent of the vote (a highly probable result because of multiple candidacies), the top two vote-getters must face each other in a runoff election. Once the results of the first round are known, the runoff election must be held within fifteen days. A traditional provision allows voters to check off "none of the above," meaning that a candidate in a two-person runoff might win without attaining a majority. Another provision of the election law empowers the CEC to request that the Supreme Court ban a candidate from the election if that candidate advocates a violent transformation of the constitutional order or the integrity of the Russian Federation.

The presidential election of 1996 was a major episode in the struggle between Yeltsin and the Communist Party of the Russian Federation (KPRF), which sought to oust Yeltsin from office and return to power. Yeltsin had banned the Communist Party of the Russian Republic for its central role in the August 1991 coup against the Gorbachev government. As a member of the Politburo and the Secretariat of the banned party, Gennady Zyuganov had worked hard to gain its relegalization. Despite Yeltsin's objections, the Constitutional Court cleared the way for the Russian communists to reemerge as the KPRF, headed by Zyuganov, in February 1993. Yeltsin temporarily banned the party again in October 1993 for its role in the Supreme Soviet's just-concluded attempt to overthrow his administration. Beginning in 1993, Zyuganov also led efforts by KPRF deputies to impeach Yeltsin. After the KPRF's triumph in the December 1995 legislative elections, Yeltsin announced that he would run for reelection with the main purpose of safeguarding Russia from a communist restoration.

Although there was speculation that losing parties in the December 1995 election might choose not to nominate presidential candidates, in fact dozens of citizens both prominent and obscure announced their candidacies. After the gathering and review of signature lists, the CEC validated eleven candidates, one of whom later dropped out.

In the opinion polls of early 1996, Yeltsin trailed far behind most of the other candidates; his popularity rating was below 10 percent for a prolonged period. However, a last-minute, intense campaign featuring heavy television exposure, speeches throughout Russia promising increased state expenditures for a wide variety of interest groups, and campaign-sponsored concerts boosted Yeltsin to a 3 percent plurality over Zyuganov in the first round. The election campaign was largely sponsored by wealthy tycoons, for whom Yeltsin remaining at power was the key to protect their property acquired during the reforms of 1991-1996. After the first election round, Yeltsin took the tactically significant step of appointing first-round presidential candidate Aleksandr Lebed, who had placed third behind Yeltsin and Zyuganov, as head of the Security Council. Yeltsin followed the appointment of Lebed as the president's top adviser on national security by dismissing several top hard-line members of his entourage who were widely blamed for human rights violations in Chechnya and other mistakes. Despite his virtual disappearance from public view for health reasons shortly thereafter, Yeltsin was able to sustain his central message that Russia should move forward rather than return to its communist past. Zyuganov failed to mount an energetic or convincing second campaign, and three weeks after the first phase of the election, Yeltsin easily defeated his opponent, 54 percent to 40 percent.

Boris Yeltsin campaigning in the Moscow-region on May 7, 1996

It was argued Yeltsin won the 1996 Russian presidential election thanks to the extensive assistance provided by the team of media and PR experts from the United States.^[1][2] The Guardian reported that Joe Shumate, George Gorton, Richard Dresner, a close associate of Dick Morris, "and Steven Moore (who came on later as a PR specialist) gave an exclusive interview to Time magazine in 1996 about their adventures working as political consultants in Russia. They also detailed the extent of their collaboration with the Clinton White House."^[3]

Turnout in the first round was high, with about 70 percent of 108.5 million voters participating. Total turnout in the second round was nearly the same as in the first round. A contingent of almost 1,000 international observers judged the election to be largely fair and democratic, as did the CEC.

See below for a summary of the results

Most observers in Russia and elsewhere concurred that the election boosted democratization in Russia, and many asserted that reforms in Russia had become irreversible. Yeltsin had strengthened the institution of regularly contested elections when he rejected calls by business organizations and other groups and some of his own officials to cancel or postpone the balloting because of the threat of violence. The high turnout indicated that voters had confidence that their ballots would count, and the election went forward without incident. The democratization process also was bolstered by Yeltsin's willingness to change key personnel and policies in response to public protests and by his unprecedented series of personal campaign appearances throughout Russia.

Government (cabinet)

The constitution prescribes that the Government of Russia, which corresponds to the Western cabinet structure, consist of a prime minister (chairman of the Government), deputy prime ministers, and federal ministers and their ministries and departments. Within one week of appointment by the president and approval by the State Duma, the prime minister must submit to the president nominations for all subordinate Government positions, including deputy prime ministers and federal ministers. The prime minister carries out administration in line with the constitution and laws and presidential decrees. The ministries of the Government, which numbered 24 in mid-1996, execute credit and monetary policies and defense, foreign policy, and state security functions; ensure the rule of law and respect for human and civil rights; protect property; and take measures against crime. If the Government issues implementing decrees and directives that are at odds with legislation or presidential decrees, the president may rescind them.

The Government formulates the federal budget, submits it to the State Duma, and issues a report on its implementation. In late 1994, the parliament successfully demanded that the Government begin submitting quarterly reports on budget expenditures and adhere to other guidelines on budgetary matters, although the parliament's budgetary powers are limited. If the State Duma rejects a draft budget from the Government, the budget is submitted to a conciliation commission including members from both branches.

Besides the ministries, in 1996 the executive branch included eleven state committees and 46 state services and agencies, ranging from the State Space Agency (Glavkosmos) to the State Committee for Statistics (Goskomstat). There were also myriad agencies, boards, centers, councils, commissions, and committees. Prime Minister Viktor Chernomyrdin's personal staff was reported to number about 2,000 in 1995.

Chernomyrdin, who had been appointed prime minister in late 1992 to appease antireform factions, established a generally smooth working relationship with Yeltsin. Chernomyrdin proved adept at conciliating hostile domestic factions and at presenting a positive image of Russia in negotiations with other nations. However, as Yeltsin's standing with public opinion plummeted in 1995, Chernomyrdin became one of many Government officials who received public blame from the president for failures in the Yeltsin administration. As part of his presidential campaign, Yeltsin threatened to replace the Chernomyrdin Government if it failed to address pressing social welfare problems in Russia. After the mid-1996 presidential election, however, Yeltsin announced that he would nominate Chernomyrdin to head the new Government.

Parliament

South Korean President Moon Jae-in speaking in the Russian State Duma, 2018

The 616-member parliament, termed the Federal Assembly, consists of two houses, the 450-member State Duma (the lower house) and the 166-member Federation Council (the upper house). Russia's legislative body was established by the constitution approved in the December 1993 referendum. The first elections to the Federal Assembly were held at the same time—a procedure criticized by some Russians as indicative of Yeltsin's lack of respect for constitutional niceties. Under the constitution, the deputies elected in December 1993 were termed "transitional" because they were to serve only a two-year term.

In April 1994, legislators, Government officials, and many prominent businesspeople and religious leaders signed a "Civic Accord" proposed by Yeltsin, pledging during the two-year "transition period" to refrain from violence, calls for early presidential or legislative elections, and attempts to amend the constitution. This accord, and memories of the violent confrontation of the previous parliament with Government forces, had some effect in softening political rhetoric during the next two years.

The first legislative elections under the new constitution included a few irregularities. The republics of Tatarstan and Chechnya and Chelyabinsk Oblast boycotted the voting; this action, along with other discrepancies, resulted in the election of only 170 members to the Federation Council. However, by mid-1994 all seats were filled except those of Chechnya, which continued to proclaim its independence. All federal jurisdictions participated in the December 1995 legislative elections, although the fairness of voting in Chechnya was compromised by the ongoing conflict there.

The Federal Assembly is prescribed as a permanently functioning body, meaning that it is in continuous session except for a regular break between the spring and fall sessions. This working schedule distinguishes the new parliament from Soviet-era "rubber-stamp" legislative bodies, which met only a few days each year. The new constitution also directs that the two houses meet separately in sessions open to the public, although joint meetings are held for important speeches by the president or foreign leaders.

Deputies of the State Duma work full-time on their legislative duties; they are not allowed to serve simultaneously in local legislatures or hold Government positions. A transitional clause in the constitution, however, allowed deputies elected in December 1993 to retain their Government employment, a provision that allowed many officials of the Yeltsin administration to serve in the parliament. After the December 1995 legislative elections, nineteen Government officials were forced to resign their offices in order to take up their legislative duties.

Despite its "transitional" nature, the Federal Assembly of 1994-95 approved about 500 pieces of legislation in two years. When the new parliament convened in January 1996, deputies were provided with a catalog of these laws and were directed to work in their assigned committees to fill gaps in existing legislation as well as to draft new laws. A major accomplishment of the 1994-95 legislative sessions was passage of the first two parts of a new civil code, desperately needed to update antiquated Soviet-era provisions. The new code included provisions on contract obligations, rents, insurance, loans and credit, partnership, and trusteeship, as well as other legal standards essential to support the creation of a market economy. Work on several bills that had been in committee or in floor debate in the previous legislature resumed in the new body. Similarly, several bills that Yeltsin had vetoed were taken up again by the new legislature.

The Federation Treaty and regional power

Russian President Putin with local residents in Lensk, Sakha Republic

The Federation Treaty was signed in March 1992 by President Yeltsin and most leaders of the autonomous republics and other ethnic and geographical subunits. The treaty consisted of three separate documents, each pertaining to one type of regional jurisdiction. It outlined powers reserved for the central government, shared powers, and residual powers to be exercised primarily by the subunits. Because Russia's new constitution remained in dispute in the Federal Assembly at the time of ratification, the Federation Treaty and provisions based on the treaty were incorporated as amendments to the 1978 constitution. A series of new conditions were established by the 1993 constitution and by bilateral agreements.

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. 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.

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.

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 the resolution of individual conflicts between the center and the regions.

Power sharing

Yegor Borisov, president of the Sakha Republic, a federal subject of Russia.

Flexibility is a goal of the constitutional provision allowing bilateral treaties or charters between the central government and the regions on power sharing. For instance, in the bilateral treaty signed with the Russian government in February 1994, the Republic of Tatarstan gave up its claim to sovereignty and accepted Russia's taxing authority, in return for Russia's acceptance of Tatar control over oil and other resources and the republic's right to sign economic agreements with other countries. This treaty has particular significance because Tatarstan was one of the two republics that did not sign the Federation Treaty in 1992. By mid-1996 almost one-third of the federal subunits had concluded power-sharing treaties or charters.

The first power-sharing charter negotiated by the central government and an oblast was signed in December 1995 with Orenburg Oblast. The charter divided power in the areas of economic and agricultural policy, natural resources, international economic relations and trade, and military industries. According to Prime Minister Chernomyrdin, the charter gave Orenburg full power over its budget and allowed the oblast to participate in privatization decisions. By early 1996, similar charters had been signed with Krasnodar Territory and Kaliningrad and Sverdlovsk oblasts. In the summer of 1996, Yeltsin wooed potential regional supporters of his reelection by signing charters with Perm', Rostov, Tver', and Leningrad oblasts and with the city of St. Petersburg, among others, granting these regions liberal tax treatment and other economic advantages.

By the mid-1990s, regional jurisdictions also had become bolder in passing local legislation to fill gaps in federation statutes rather than waiting for the Federal Assembly to act. For example, Volgograd Oblast passed laws regulating local pensions, the issuance of promissory notes, and credit unions. The constitution upholds regional legislative authority to pass laws that accord with the constitution and existing federal laws.

Presidential power in the regions

The president retains the power to appoint and remove presidential representatives, who act as direct emissaries to the jurisdictions in overseeing local administrations' implementation of presidential policies. The power to appoint these overseers was granted by the Russian Supreme Soviet to Yeltsin in late 1991. The parliament attempted several times during 1992-93 to repeal or curtail the activities of these appointees, whose powers are only alluded to in the constitution. The presence of Yeltsin's representatives helped bring out the local vote on his behalf in the 1996 presidential election.

The governments of the republics include a president or prime minister (or both) and a regional council or legislature. The chief executives of lower jurisdictions are called governors or administrative heads. Generally, in jurisdictions other than republics the executive branches have been more sympathetic to the central government, and the legislatures (called soviets until late 1993, then called dumas or assemblies) have been the center of whatever separatist sentiment exists. Under the power given him in 1991 to appoint the chief executives of territories, oblasts, autonomous regions, and the autonomous oblast, Yeltsin had appointed virtually all of the sixty-six leaders of those jurisdictions. By contrast, republic presidents have been popularly elected since 1992. Some of Yeltsin's appointees have encountered strong opposition from their legislatures; in 1992 and 1993, in some cases, votes of no-confidence brought about popular elections for the position of chief executive.

After the Moscow confrontation of October 1993, Yeltsin sought to bolster his regional support by dissolving the legislatures of all federal subunits except the republics (which were advised to "reform" their political systems). Accordingly, in 1994 elections were held in all the jurisdictions whose legislatures had been dismissed. In some cases, that process placed local executives at the head of legislative bodies, eliminating checks and balances between the branches at the regional level.

Election results in the subnational jurisdictions held great significance for the Yeltsin administration because the winners would fill the ex officio seats in the Federation Council, which until 1996 was a reliable bastion of support. The election of large numbers of opposition candidates would end the Federation Council's usefulness as a balance against the anti-Yeltsin State Duma and further impede Yeltsin's agenda. In 1995 some regions held gubernatorial elections to fill the administrative posts originally granted to Yeltsin appointees in 1991.

Faced with an escalating number of requests for such elections, Yeltsin decreed December 1996 as the date for most gubernatorial and republic presidential elections. This date was confirmed by a 1995 Federation Council law. The decree also set subnational legislative elections for June or December 1997. (In July 1996, the State Duma advanced these elections to late 1996.) Observers noted that by calling for most of these elections to take place after the presidential election, Yeltsin prevented unfavorable outcomes from possibly reducing his reelection chances—even though voter apathy after the presidential election had the potential to help opposition candidates.