A constitutional referendum was held in Russia between 25 June and 1 July 2020. President Vladimir Putin proposed the referendum during his address to the Federal Assembly on 15 January 2020. The draft amendments to the constitution were submitted to a referendum in accordance with article 2 of the Law on Amendments to the Constitution. The referendum is legally referred to as an "All-Russian vote" (Russian: общероссийское голосование, romanized: obshcherossiyskoye golosovaniye), for it is not held in accordance with the Federal Constitutional Law on the Referendum.
The amendments include sweeping changes to the constitution, including allowing Putin to run again for two more six-year presidential terms (which would allow him to potentially stay in power until 2036) and enshrining social measures on pensions and welfare state as well as conservative ones such as constitutionally banning same-sex marriage, ensuring patriotic education in schools, and placing the constitution above international law.
Originally scheduled for 22 April 2020, the vote was postponed to a later date due to the COVID-19 pandemic in Russia. It had been noted that the initial vote date coincided with the 150th anniversary of Vladimir Lenin's birth. In-person voting at the polling stations was held from 25 June to 1 July, with 1 July being declared a day off as the actual voting date. Residents of Moscow and the Nizhny Novgorod Oblast could participate in the event remotely (electronically) from 25 to 30 June.
According to official results, 79% of valid votes supported the changes to the constitution. Later that year, Putin accepted the results and signed them into law. Many international observers criticized the results of the referendum claiming widespread reports of irregularities such as: voter coercion, multiple voting, violation of secrecy of the vote and allegations of police violence against a journalist who was present to observe. Further criticism is centered around the amendment that could extend Putin's presidency to 2036.
Proposed amendments
On 19 December 2019, Vladimir Putin announced possible amendments to the Constitution during a press conference. The following month, he repeated his intention to amend the constitution when he addressed the Federal Assembly.
Among notable changes were the right of the president to remove federal justices, to remove Supreme Justices following approval by the Federation Council, a right for the lower house of the Parliament to appoint the prime minister and the "supremacy of Russian law over international law". It also extended presidential term limits, enabling Putin, if reelected, to hold presidential office until 2036. The previous version of the constitution would have required him to step down in 2024; this move has been labelled a "power grab" by some commentators. The extension to term limits allows Putin (and former President Medvedev) to run for two further six-year presidential terms, something Putin has not yet ruled out. Critics have accused him of plotting to stay in power for life, while supporters have lauded the inclusion of the amendment.
Putin ordered the creation of a working group of 75 people to work on drafting proposed amendments.
The amendments stipulate social guarantees for citizens. The amendments mention, for the first time in the constitution: marriage – defined as the union of a man and a woman, faith in God, as well as the State Council (which increases its role). The Russian nationality will be called a "state-forming nation" (Russian: государствообразующий народ). The institution of the presidency will be strengthened. The word "consecutive" will be removed from the clause which limits the term of ruling the country to "two consecutive terms". The amendments also stipulate the right of the Constitutional Court to block the implementation of decisions of international organizations on the grounds of the unconstitutionality of such decisions (the body has had this power since 2015).
List
On 20 January 2020, President Vladimir Putin submitted the draft amendments to the State Duma, expecting 14 articles to be changed in total:
- the Russian constitution will supersede international law;
- the State Duma will have the right to approve a Prime Minister's candidacy (currently it only gives consent to the appointment), and it will also be able to approve candidates for Deputy Prime Minister and Federal Minister; the President will not be able to refuse their appointment, but in some cases will be able to remove them from office;
- the eligibility term requiring competing candidates for high-profile offices (President, Ministers, judges, heads of regions) to have no foreign citizenship or permit of residence in foreign countries, or have it at the time of their work in the office or, at any time before running for the President;
- the minimal residency requirement for presidential candidates will be raised from 10 years to 25;
- the Federation Council will be able to propose to the President to dismiss Federal judges; in some cases, the Federation Council, on the proposal of the President, will have the right to remove judges of the Constitutional and Supreme courts;
- heads of law enforcement agencies must be appointed by the President in consultation with the Federation Council;
- the minimum wage cannot be lower than the subsistence minimum;
- regular indexation of pensions;
- consolidation of the status and role of the State Council (at present it is only an advisory body and is not prescribed in the Constitution);
- granting the Constitutional Court the ability to check the constitutionality of laws adopted by the Federal Assembly of the Russian Federation at the request of the President before they are signed by the President;
- removal of the term "in a row" (Russian: подряд, romanized: podryad) from the article regulating presidential term limits, discounting previous and current terms before the amendment entered into force;
- defining marriage as a relationship between one man and one woman (effectively banning Same-sex marriage);
- enshrine the status of the Russian language in the country's constitution.
Proposed adoption without a referendum
The Constitution of the Russian Federation was accepted on the national vote on 12 December 1993 and consists of nine chapters. The order of revision of Chapters 1, 2 and 9 is prescribed in Article 135 of the Constitution and requires the convening of the Constitutional Assembly for the adoption of the new Constitution. The procedure for amending Chapters 3 to 8 is defined in Article 136 and requires the adoption of the law on amendments to the Constitution of the Russian Federation according to a procedure similar to (but not identical due to the requirement of ratification of the amendment by regional legislative bodies) the adoption of a federal constitutional law.
Several amendments have been made to the Constitution since its enactment. The largest were the amendments proposed in the 2008 Presidential message. Other amendments included an amendment to merge the Supreme and Supreme Arbitration Courts, as well as the amendment to appoint an additional group of Federation Council members ("representatives of the Russian Federation") by the President. The Constitution was also amended in connection with the formation or liquidation of the Federation's constituent entities, as well as with their renaming.
Putin noted that Russia's parliament is legally capable of changing the Constitution, but he argued that a national vote is necessary to make the amendments legitimate. While Putin said the package of amendments should be put to a nationwide vote, Kremlin spokesman Dmitry Peskov said that the vote does not entail a referendum. On 20 January 2020, Putin submitted a bill on constitutional amendments to the State Duma (the lower house of parliament). The amendment of the Constitution proposed by Putin requires neither a referendum, nor convening of the Russian Constitutional Assembly.
Proposed consultative All-Russia voting
Terminology
The current Constitution of the Russian Federation was adopted by "nationwide voting" on 12 December 1993. This is an official term with legal meaning. Amendments or a new constitution can be also adopted by "nationwide voting".
Конституция Российской Федерации вступает в силу со дня официального ее опубликования по результатам всенародного голосования.
— Constitution of the Russian Federation, sect. 2, art. 137 p. 1
Translation:
The Constitution of the Russian Federation shall come into force from the moment of its official publication according to the results of a nationwide voting.
Article 3 of the 1993 Constitution of Russia says:
Высшим непосредственным выражением власти народа являются референдум и свободные выборы.
— Constitution of the Russian Federation, sect. 1, art. 3 p. 3
Translation:
The supreme direct expression of the power of the people shall be referendum and free elections.
Chapter 9 says:
- Если предложение о пересмотре положений глав 1, 2 и 9 Конституции Российской Федерации будет поддержано тремя пятыми голосов от общего числа членов Совета Федерации и депутатов Государственной Думы, то в соответствии с федеральным конституционным законом созывается Конституционное Собрание.
- Конституционное Собрание либо подтверждает неизменность Конституции Российской Федерации, либо разрабатывает проект новой Конституции Российской Федерации, который принимается Конституционным Собранием двумя третями голосов от общего числа его членов или выносится на всенародное голосование. При проведении всенародного голосования Конституция Российской Федерации считается принятой, если за нее проголосовало более половины избирателей, принявших участие в голосовании, при условии, что в нем приняло участие более половины избирателей.
— Constitution of the Russian Federation, ch. 9, art. 135 p. 2—3
Translation:
- If a proposal on the review of the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation is supported by three fifths of the total number of the members of the Council of the Federation and the deputies of the State Duma, then according to federal constitutional law a Constitutional Assembly shall be convened.
- The Constitutional Assembly shall either confirm the invariability of the Constitution of the Russian Federation or draft a new Constitution of the Russian Federation, which shall be adopted by the Constitutional Assembly by two thirds of the total number of its members or submitted to a nationwide voting. In case of a nationwide voting the Constitution of the Russian Federation shall be considered adopted, if over half of the voters who came to the polls supported it and under the condition that over half of the electorate participated in the voting.
Therefore, "referendum" (Russian: референдум, romanized: referendum), "free elections" (Russian: свободные выборы, romanized: svobodnyye vybory) and "nationwide voting" (Russian: всенародное голосование, romanized: vsenarodnoye golosovaniye) are provisioned by the Constitution. A 50%+ turnout is mandatory for "nationwide voting" according to the Article 135 of the 1993 Constitution of Russia.
The Federal Constitutional Law on the Referendum was adopted in 1995. A period of campaign, 50%+ turnout and international democratic electoral standards are mandatory for a referendum. The results of a referendum are binding and can't be changed unless a new referendum is held. Russian law does not provide for consultative referendums.
All-Russian voting
The renewal of the Constitution requires neither a referendum, nor the convening of the Constitutional Assembly, but an "All-Russian voting" (Russian: общероссийское голосование, romanized: obshcherossiyskoye golosovaniye) was provisioned by Article 2 of the draft law on making amendments to the Russian Constitution. This was a novel term introduced for this election and was theorized by some to be a symbolic way to approve presidential changes to the constitution rather than being a true referendum. This was echoed by critics who accused Putin of orchestrating a "constitutional coup" and seeking to fast-track changes to the country's political system.
Voting procedure
In response to the COVID-19 pandemic, measures to prevent the spread of the disease were taken on the recommendation of the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor). These measures include extending the voting period to five days, screening for fever with a thermometer at the entrance to polling stations, providing polling station workers with personal protective equipment and encouraging social distancing.
Also, the Central Electoral Commission (CEC) meeting on 2 June came up with several voting options: outside the Precinct Electoral Committee (PEC) tied to the registration address through the Mobile Voter scheme; outside the polling station (in the adjacent territories), as well as contactless voting from home. Within the framework of this plebiscite, no valid reason is needed for voting from home, and the PEC agrees with the voter on the preferred time. These voting options are available not only on 1 July, but also from 25 to 30 June. Application submission is open until 21 June, for this purpose one should submit an application (including one over the phone) to vote at the preferred location – to the Territorial Election Commission (TEC), PEC, Multifunctional Centre for Public Services (MFC) or through the State Services (Gosuslugi) portal. There are also safety measures for those who vote from home: commission members and observers will not enter apartment or houses. They will be wearing personal protective equipment and also they will have to provide a voter with a kit with a mask, gloves, a pen and a sanitizer.