The Constitution: origins and development (the RF)

During the Soviet period, power was concentrated in Communist Party institutions and was highly centralized. Federal institutions, located in

Moscow, were much more powerful than the regional institutions of the 15 republics. Although Russians dominated the central party and government institutions, the RSFSR's own institutions were even weaker and less autonomous than those of the other 14 republics. Unlike the other Soviet republics, Russia did not have its own separate Communist Party, security police (KGB), or Academy of Sciences for most of the Communist era. Although Russia did have its own government (Council of Ministers) and legislature (Supreme Soviet), these institutions did not exercise their full constitutional powers*.

The RSFSR's 1978 constitution only became significant when the Soviet Union collapsed. The constitution gave the legislative branch supremacy* over the executive branch. However, the legislators' lack of political experience* made government extremely difficult. As a result, increasing power was granted to the newly established state presidency, sometimes on a temporary basis. In 1992 and 1993 when President Yeltsin and the legislature clashed over policy*, the absence of clear and realistic constitutional demarcation* between executive and legislative power became a major problem.

A new constitution, passed by referendum in December 1993, solved this difficulty*. Although it greatly increased the power of the presidency, it also established basic democratic guidelines*, such as fixed terms of office*, electoral procedures*, and universal suffrage* for all citizens aged 18 or older. In principle, the constitution also guarantees civil rights and the rule of law.

Notes

exercise constitutional powers - осуществлять (реализовав

конституционные полномочия supremacy — верховенство; примат; супремация lack of political experience — отсутствие политического опыта clash over policy — столкнуться по политическим вопросам demarcation — разграничение solve the difficulty — разрешить проблему democratic guidelines — зд. основные демократические принципы fixed terms of office — определенный (закрепленный) период

пребывания у власти electoral procedures — процедура выборов universal suffrage - всеобщее избирательное право

Ответьте на вопросы.

1. What does the Constitution prescribe?

2. When and by whom was the US Constitution prepared?

3. What three independent branches did the framers provide a
Government with?

4. What are the functions of the three independent branches?

5. How many and what sort of amendements to the Constitution have
been approved since 1791?

6. How can the position of the RSFSR be characterized during the
Soviet period?

7. What was a major problem of the RSFSR 1978 constitution?

8. In what way did a new constitution solve the difficulty of the previous
constitution?

Штт Three

THE STATE

The state has an important part to play in making and enforcing law*. Buv what is a state? It is a political unit with a territory that the international community* treats* as independent, for example the United Kingdom, Barbados or Japan. Law settles* how the state is to be governed* (its constitution), what duties it owes* its citizens, and what duties they owe to one another and to it. The law of the state consists, of a system of government, together with a framework* for making the life of citizens more secure* and for enabling* them to flourish.

Since each state has its own system of law, there are many legal systems*: the law of the United Kingdom, Barbados, Japan etc. The laws of states differ a bit but also have much in common. Legal systems are called systems because in each state or part of a state with its own laws there are official bodies concerned with the whole of its law. These bodies — the branches of the state — are the legislature, which makes laws, the executive government, which puts laws into effect, and the judges, who decide disputes about the law. These branches of government try to see that the laws do not conflict with one another. In other words, they treat the laws as pans* of a system that hangs together*.

Notes

enforce law — исполнять закон, придавать исковую силу

the international community — международное сообщество

treat — относиться, рассматривать

settle — учреждать; постановлять

govern — управлять

owe — быть должным, быть обязанным

framework — зд. организация; система;

secure — безопасный

enable — давать возможность, право

legal system — правовая система

pans — чаши весов

hang together — держаться вместе

FEDERALISM

State power can also be divided up on a geographical basis. The system for doing this is called federalism. In a federal state there is a federal government, legislature and courts. There are also regional governments, legislatures and courts. Both may get their powers* from a written constitution. Powers to make laws*, to govern* and to judge* are each divided

between the federal state and the regions. The regions go by different names in different countries (states*, provinces*, lands*, cantons*, republics*).

One reason for dividing power in this way is that the country is too large to be governed conveniently* from a single centre (Australia, the USA). Another is that its regions vary* in language or culture (Switzerland, India, Canada). A third is that a central government might be too powerful if it was not balanced by regional governments with some independent powers (Germany, the USA).

In a typical federation defence and foreign policy belong to the federal government, education to the regions, and the power to tax is divided between the two. So the federation and the regions may both have power to make laws on similar subjects. Since each region has its own independent powers and courts, it has its own regional legal system, alongside* the federal legal system.

If the federation also separates* the law-making, governing and judging functions the law becomes very complicated and expensive. But they allow a country to hold together* when otherwise it would fall apart*

Notes:

power — власть, могущество

powers — (властные) полномочия

make laws — создавать законы

govern — управлять

judge — судить

state — штат

province — провинция

land — земля

canton — кантон

republic — республика

conveniently — удобно, успешно

vary — различаться, варьировать

alongside — наряду

separate — разделять, отделять

hold together - держаться вместе, быть единым

fall apart — распасться, распадаться

FEDERALISM: STATE AND LOCAL GOVERNMENTS (THE USA)

The states and local communities in the U.S. have rights that in other countries generaly belong to the central government.

All education at any level, for example, is the concern of the states*. The local communities have the real control at the public school* level. They control administration of the schools. They elect the school board officials*,

and their local community taxes largely support the schools. Each individual school system, therefore, hires and fires and pays its own teachers. It sets its own policies within broad state guidelines*. Similarly, there is no national police force, the FBI influence being limited to a very few federal crimes, such as kidnapping. Each state has its own state police and its own criminal laws. The same is true with, for example, marriage and divorce laws, driving laws and licenses, drinking laws, and voting procedures. In turn*, each city has its own police force that it hires, trains, controls, and organizes. Neither the President nor the governor of a state has direct power over it. By the way, police departments of counties are often called "sheriffs departments". Sheriffs are usually elected, but state and city police officials are not.

There are many other areas which are also the concern of cities, towns, and villages. Among them there are opening and closing hours for stores, street and road repair, or architectural laws and other regulations. Also, one local community might decide that a certain magazine is pornographic and forbid its sale, or local school board might determine that a certain novel should not be in their school library. (A court, however, may later tell the community or school board that they have unfairy attempted to exercise censorship*. But another village, a few miles down the road might accept both. The same is true of films.

Most states and some cities have their own income taxes.

Notes

the concern of the states — забота штатов

public school — ам. государственная школа

school board officials — члены школьного попечительского

совета

guidelines — директивы, руководящие указания in turn — в свою очередь censorship — цензура

RUSSIAN FEDERALISM (A)

It is hard, to find something analogous* to the Russian federalism, both in the history and among the modern state models. It does not resolve itself to the nation-state structure*, what the Soviet model was like: at the same time it did not take the path* of just a territorial structure, the latter common to* most foreign countries. Smooth theoretical concepts, even being attractive externally* similar to the structures already approved in the \№st could not eliminate*, not even soften* the complex and contradictory processes generating crises and destabilizing Russian state structure. Russian historical traditions, its population structure and huge territory, the mentality

of the nations and its geopolitical position are too essential for this country. It was necessary to build federalism in a country where the relevant parameters* of the state constituents differ from each other: such as economic development, social characteristics, scientific, educational as well as cultural formation. There are 89 subjects of the Federation with more than 150 nationalities in this country. The situation in which two sovereignities are combined within a framework of one state, when the sovereignty of a federative state encompasses, covers the sovereignty of its republics, contributes to already quite a sophisticated design.

Concluding treaties on power delegation actually is not a feature 'sine qua non'* of the Russian federalism development. At the same time, it may be considered necessary and useful. Such treaties are to supplement and develop the provisions vested in the Constitution, especially in cases when specific issues remain unsolved, e.g. which matters must be controlled by the center and which by a subject of the Federation. The concept of the joint control implies that both the center and a subject of the Federation should know their regulation limits. The need for agreement can also emerge when a subject of the Federation has particular natural, national, geographic and other conditions. However, all treaties should be in congruence* with the Constitution of the Russian Federation. All aforesaid allows to define the Russian Federation as constitutional. The treaty with Tatarstan stands somewhat apart but this is rather an exception from the general rale.

Notes

analogous — аналогичный, подобный

it does not resolve itself to the nation-state structure — национальна-государственная структура не является решением проблемы take the path — пойти по пути common to — типична для

being attractive externally — зд. звучащие привлекательно eliminate — уничтожить soften — смягчать

the relevant parametres — соответствующие параметры feature qua non — лат. условие, без которого нельзя (обойтись,) in congruence — в соответствии

RUSSIAN FEDERALISM (В)

One of the main federalism development problems in the Russian Federation is the distinction of control matters* and authority between the Federation and its subjects* (republics, regions, autonomies). The history of our country has shown that, with the exception of autonomies which had special rights regarding* language and national culture, Russia has been created

and developed as a centralized unitary state*. The Declaration of State Sovereignty, passed on June 121990 as well as the Federative Treaty, concluded in 1992, have not only formally but also de facto confirmed Russian political system developing according to the tenets* of sovereign nationhood. The new Russia announced the federative state structure in the Constitution of the Russian Federation, passed by the plebiscite* on December 12,1993.

Articles 71 and 72 of the Russian Constitution determine the exclusive control matters of the Federation and the matters under the joint supervision* of the Federation and its subjects. However, it remained indefinite*, how to mark off* those matters, what would be the demarcating tools*. It could be expected that right after the Constitution a special act would be written which would have established the above principles and the order of their implementation. However, there was no such act hitherto*. In 1994, two treaties were signed which specified a variety of issues regarding the relations between the central power and subjects of the Federation, in particular, the republics. These are treaties of the Federation with Tatarstan (October 15, 1994) and Bashkartostan (August 3, 1994). Other treaties followed immediately, for example such a document was signed with Nizhny Novgorod oblast (region) on June 8, 1996. Having become quite brisk, the practice of concluding treaties and agreements between governing institutions of the center and the subjects of the Federation produced vivid debates on 1) whether our country is just a constitutional federation or a federation of the mixed constitutional and treaty kind or 2) what to do if such a treaty contains provisions contrary to* those of the Russian Constitution. Many of the vexed problems* go back to the events in the Chechnya area.

Notes

control matters — вопросы управления

subjects — субъекты (федерации)

regarding — относительно

unitary state — унитарное (единое) государство

tenets — принцип, норма

plebiscite — всенародный опрос

the joint supervision — совместный надзор

remain indefinite — оставаться переменным, неопределенным

mark off — зд. различать

demarcating tools — разграничивающие документы

hitherto - до сего времени