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21 May 2013

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Russian Constitution - Section 2

Website: RL Online
Department:
Page: 11   ( 11) pages

Summary: Concluding and transitional provisions.


Section II

CONCLUDING AND TRANSITIONAL PROVISIONS

1) The Constitution of the Russian Federation comes into force on the day of its official publication following the results of the nationwide vote.

The day of the nationwide vote - 12 December 1993- is deemed the day of the adoption of the Constitution of the Russian Federation.

The Constitution, or Fundamental Law, of the Russian Federation-Russia, adopted 12 April 1978, with its subsequent amendments and additions, simultaneously ceases to be in force.

In the event of non-compliance with provisions of the Constitution of the Russian Federation of provisions of the Federation Treaty - the Treaty on the Delimitation of Areas of Responsibility and Powers Between Federal Organs of State Power of the Russian Federation and Organs of State Power of Sovereign Republics Within the Russian Federation, the Treaty on the Delimitation of Areas of Responsibility and Powers Between Federal Organs of State Power of the Russian Federation and Organs of State Power of Krays, Oblasts, and the cities of Moscow and St. Petersburg in the Russian Federation, the Treaty on the Delimitation of Areas of Responsibility and Powers Between Federal Organs of State Power of the Russian Federation and Organs of State Power of the Autonomous Oblast and Autonomous Okrugs of the Russian Federation, as well as other treaties between federal organs of State power of components of the Russian Federation, and treaties between organs of State power of components of the Russian Federation - the provisions of the Constitution of the Russian Federation will prevail.

2) Laws and other legal enactments which were in force on the territory of the Russian Federation prior to the entry into force of the present Constitution are applied to the extent to which they do not contravene the Constitution of the Russian Federation.

3) From the day the present Constitution comes into force, the President of the Russian Federation, elected in accordance with the Constitution, or Fundamental Law, of the Russian Federation-Russia, exercises the powers laid down by the present Constitution until the expiry of the term for which he was elected.

4) From the day the present Constitution comes into force, the Council of Ministers-Government of the Russian Federation acquires the rights, obligations, and responsibilities of the Government of the Russian Federation established by the Constitution of the Russian Federation and is thereafter know as the Government of the Russian Federation.

5) Courts in the Russian Federation administer justice in compliance with the powers laid down by the present Constitution. After the constitution has come into force, the justices of all courts in the Russian Federation retain their powers until the expiry of the term for which they were elected. Vacancies are filled according to the procedure established by the present Constitution.

6) Pending the entry into force of the federal law laying down the procedure for the hearing of cases by a court with the participation of jurors, the existing procedure for judicial examination of such cases is retained. The existing procedures for the arrest, holding in custody, and detention of persons suspected of having committed a crime are retained until such time as the criminal procedure legislation of the Russian Federation is brought into line with the provisions of the present Constitution.

7) The first Federation Council and the first State Duma are elected for a two-year term.

8) The Federation Council will convene for its first sitting on the thirtieth day following its election. The first sitting of the Federation Council will be opened by the President of the Russian Federation.

9) A deputy of the first State Duma can simultaneously be a member of the Government of the Russian Federation. The provisions of the present Constitution on deputies immunity as regards liability for actions, or inactions, associated with the performance of official duties do not extend to deputies of the State Duma who are members of the Government of the Russian Federation. Deputies of the first Federation Council perform their duties on a part-time basis.

Chapter One | Chapter Two | Chapter Three |
Chapter Four | Chapter Five | Chapter Six |
Chapter Seven | Chapter Eight | Chapter Nine |
Section Two | Index |

Constitution of the Russian Federation: With Commentaries and Interpretationby American and Russian Scholars Midnight Diaries
Midnight Diaries