Press Release, 2.03.2020

Yabloko Chairman Nikolai Rybakov sent a package of Yabloko amendments to the Constitution to the President, Speakers of the State Duma and the Federation Council, as well as to the heads of relevant committees of both houses of the parliament. It included four bills that the party had previously submitted through regional legislative assemblies, as well as two new laws on constitutional amendments regarding prohibition of mercenarism and the transition to a contract army, and fixing in the Constitution that torture is a grave crime.

On 2 March, the State Duma Committee on State Building and Legislation finishes accepting amendments to the bill on amendments to the Constitution. Yabloko has sent to the State Duma, as well as the Federation Council and the President, alternative proposals developed by the Public Constitutional Council on amending the Basic Law.

The first bill  “On War and Peace”, proposes to supplement the Constitution with Article 71.1, which provides for a ban on the activities of private military companies (such as Wagner Private Military Company) in Russia. According to Yabloko’s amendment, participation of Russian citizens in armed conflicts as mercenaries is prohibited and is a crime.

It is also proposed to supplement Article 87 of the Constitution with Part 4, which abolishes mandatory conscription of citizens to military service in peacetime and introduces the contract principle of recruitment for the army.

The proposed amendments to Article 101 of the Constitution give the Federal Assembly the duty to control the peaceful nature of Russia’s foreign policy and justifiability of the use of the army.

The amendment to Article 102 adds to the jurisdiction of the Federation Council decision-making on the issue of the operational use of armed forces outside the country. According to the Public Constitutional Council, in this case, the decision of the Federation Council on the use of armed forces should contain an indication of the territory and the period of use. In addition, the President will have to report to the Federation Council for the use of the army abroad.

“Despite the fact that the issues of war and peace are in the exclusive competence of the parliament, today it is excluded from the discussion and control of foreign military operations conducted by the Kremlin,” Ivan Bolshakov, Deputy Chairman of Yabloko and a member of the Public Constitutional Council, says. “The current resolution of the Federation Council gives President Putin the right to use the army anywhere and any time. Our amendments return these powers to the parliament.”

The second Yabloko’s bill, proposes to supplement Article 123 of the Constitution with a clause stipulating that torture represents a grave crime. An allegation of torture should be the basis for the immediate initiation of criminal proceedings. While the investigation into the torture is not completed, the court cannot be pronounce the verdict, the amendments run.

Four more bills were previously submitted to the legislative assemblies of the Astrakhan and the Pskov regions, the Republic of Karelia, Moscow and St. Petersburg, where Yabloko has deputies or factions. (In Astrakhan, Pskov and Karelia, the amendments were rejected, while in Moscow and St. Petersburg they have not been considered yet).

This package proposes to reduce the presidential term of office to four years, limit the powers of the head of state by the list provided for by the Constitution, introduce the election of members of the Federation Council, give the Federation Council the right to submit the candidacy of Public Prosecutor General, and the give to the State Duma the right to submit the candidacy of Prime Minister, empower deputies to pass a vote of no confidence to individual ministers, increase the number of judges of the Constitutional Court, restore the Supreme Arbitration Court, introduce the election of the chairpersons of courts by the judges, expand the right to jury trials and introduce the election of justices of the peace.