Thematic commentary to the Law of the Russian Federation Amending the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ «On improving

Москва 
НОРМА 
2021

Институт законодательства и сравнительного правоведения  
при Правительстве Российской Федерации

Тематический 
комментарий 
к Закону Российской Федерации
о поправке к конституции 
российской Федерации
от 14 марта 2020 г. № 1-ФКЗ

«о соверШенствовании 
реГуЛированиЯ отдеЛЬнЫХ вопросов 
орГаниЗации и ФункционированиЯ 
пуБЛиЧной вЛасти»

т.Я. Хабриева, а.а. клишас

The Institute of Legislation and Comparative Law  
under the Government of the Russian Federation

Moscow 
NORMA
2021

Thematic  
commentary  
to the Law of the Russian Federation
AMENDING  
THE CONSTITUTION  
Of THE RUSSIAN fEDERATION
of March 14, 2020 No. 1-FKZ

«ON  IMpROvING  THE  REGUlATION  
Of CERTAIN ASpECTS Of THE ORGANIZATION 
AND  fUNCTIONING  
Of  pUblIC  AUTHORITIES»

T.Y. Khabrieva, A.A. Klishas

Khabrieva T.Y., Klishas A.A.
Thematic commentary to the Law of the Russian Federation 
Amending the Constitution of the Russian Federation of March 14, 
2020 No. 1-FKZ «On improving the regulation of certain aspects of the 
organization and functioning of public authority» / T.Y. Khabrieva, 
A.A. Klishas. — Moscow : Norma : INFRA-M, 2021. — 216 p.

ISBN 978-5-00156-167-5 (Norma, print) 
ISBN 978-5-16-109454-9 (INFRA-M, online)

The Law of the Russian Federation Amending the Constitution of the Russian Federation 
of March 14, 2020 No. 1-FKZ «On improving the regulation of certain aspects of the organization and functioning of public authority» has a special status in the legislative system. This Law 
serves as a form that fixes amendments to the Russian Constitution, as a basis for making 
changes to it, and as a legal confirmation that the text of basic law is legitimate. Unlike other 
similar laws of 2008 and 2014, it reflects the most extensive constitutional changes in Russia 
since the adoption of the Constitution of the Russian Federation on December 12, 1993. 
It contains not only constitutional novelties, but also establishes previously unknown in Russian constitutional practice institutions and procedures that ensure that the new constitutional 
norms enters into force. Its provisions are a guideline for further updating Russian legislation 
and the legal system as a whole.
The commentary aims to make the goals and content of constitutional modernization, the 
specific historical meaning of amendments to the Russian Constitution, their conditionality to 
national interests and trends in global constitutional development as accessible and understandable as possible for the widest audience.
The commentary to the Law of the Russian Federation Amending the Constitution of the 
Russian Federation is thematic; it is constructed in accordance with the main target units of its 
norms. This structure, according to the authors, makes it possible to reveal the will of the 
constitutional legislator in a more convenient format for the reader, as well as the provisions of 
the Law of the Russian Federation Amending the Constitution of the Russian Federation that 
are not subject to inclusion in the text of the Constitution and have direct effect.
The publication is prepared by the co-chairs of the Working Group on the preparation of 
proposals for amendments to the Constitution of the Russian Federation, who are directly involved in the design of this Law and its discussions with the scientific community, representatives of civil society institutions, foreign experts and the Chambers of the Russian Parliament 
and legislative (representative) bodies of the constituent entities.
The audience is a wide range of readers – representatives of state and local authorities, 
legal scholars and practitioners, as well as anyone interested in issues of constitutional building in Russia and abroad.

R e v i e w e r:
Bondar N.S., judge of the Constitutional Court of the Russian Federation, Doctor of Law, Professor, Honoured Lawyer of the Russian Federation, Honoured Science Worker of the Russian Federation

© Khabrieva T.Y., 2020
© Klishas A.A., 2020
ISBN 978-5-00156-167-5 (Norma, print) 
ISBN 978-5-16-109454-9 (INFRA-M, online)

AUTHORS

Taliya Yarullovna Khabrieva, the Co-chairman of the Working Group 
on preparation of proposals on amendments to the Constitution of the 
Russian Federation, the Official Representative of the President of the Russian Federation in Chambers of Federal Assembly of the Russian Federation 
in considering the Draft Law of the Russian Federation Amending the 
Constitution of the Russian Federation «On improving the regulation of 
certain aspects of the organization of public authority», Director of the 
Institute of Legislation and Comparative Law under the Government of the 
Russian Federation (ILCL), Deputy President of Russian Academy of Sciences, Member of the European Commission for Democracy through Law 
(Venice Commission of the Council of Europe), Member of the Russian 
Academy of Sciences, Member of the International Academy of Comparative Law (Paris), Doctor of Law, Professor, Honoured Science Worker of 
the Russian Federation, Honoured Lawyer of the Russian Federation, 
Honoured Lawyer of the Republic of Tatarstan;

Andrey Alexandrovich Klishas, the Co-chairman of the Working Group 
on preparation of proposals on amendments to the Constitution of the 
Russian Federation, the Official Representative of the President of the Russian Federation in Chambers of Federal Assembly of the Russian Federation 
in considering the Draft Law of the Russian Federation Amending the 
Constitution of the Russian Federation «On improving the regulation of 
certain aspects of the organization of public authority», Chairman of the 
Federation Council Committee on Constitutional Legislation and State of 
Federation Council Of The Federal Assembly of The Russian Federation, 
Doctor of Law, Professor, Honoured Lawyer of the Russian Federation.

COnTenT

LIST OF ABBREVIATIONS ................................................................................... 8

INTRODUCTION ................................................................................................ 9

§ 1.  FEDERAL TERRITORIES ..........................................................................20

§ 2.  INADMISSIBILITy OF ALIENATING ThE TERRITORIES  
OF ThE RUSSIAN FEDERATION ..............................................................24

§ 3.  CONTINUITy IN ThE DEVELOPMENT OF ThE RUSSIAN STATE,  
DEFENCE OF hISTORICAL TRUTh AND ChILDCARE  
AS FUNDAMENTAL CONSTITUTIONAL VALUES .......................................28

§ 4.  LANGUAGE, CULTURE, EThNOCULTURAL DIVERSITy  
AND SUPPORT OF COMPATRIOTS ABROAD  ...........................................39

§ 5.  POSSIBILITy TO TRANSFER ThE PERMANENT SEAT  
OF FEDERAL STATE AUThORITIES TO OThER CITIES  .............................45

§ 6.  ExPANSION OF jURISDICTION  
OF ThE RUSSIAN FEDERATION ..............................................................47

§ 7.  ExPANSION OF ThE jOINT jURISDICTION  
OF ThE RUSSIAN FEDERATION  
AND ITS CONSTITUENT ENTITIES  ..........................................................56

§ 8.  SOCIAL STANDARDS AND GUARANTEES ................................................61

§ 9.  REqUIREMENTS IMPOSED ON OFFICIALS  
IN ThE SPhERE OF PUBLIC AUThORITy  .................................................68

§ 10.  SUPREMACy OF ThE CONSTITUTION  
OF ThE RUSSIAN FEDERATION  ..............................................................76

§ 11.  STATE POLICy IN ThE FIELD OF PEACE  
AND SECURITy .......................................................................................86

§ 12.  REqUIREMENTS FOR CANDIDATE FOR PRESIDENCy  
OF ThE RUSSIAN FEDERATION AND TERMS LIMITS ................................90

§ 13.  GUARANTEES TO ThE PRESIDENT OF ThE RUSSIAN FEDERATION  
WhO hAS TERMINATED hIS POWERS,  
AND hIS REMOVAL FROM OFFICE ..........................................................98

§ 14.  FORMATION OF ThE FEDERATION COUNCIL SENATORS ......................105

§ 15.  PARLIAMENTARy CONTROL .................................................................109

Content

§ 16.  PROCEDURE FOR FORMING ThE GOVERNMENT  
OF ThE RUSSIAN FEDERATION  
AND OThER FEDERAL ExECUTIVE BODIES ...........................................112

§ 17.  RESIGNATION OF ThE GOVERNMENT OF ThE RUSSIAN  
FEDERATION AND INDIVIDUAL MEMBERS  
OF ThE GOVERNMENT OF ThE RUSSIAN FEDERATION .........................122

§ 18.  PERSONAL RESPONSIBILITy OF ThE PRIME MINISTER  
OF ThE RUSSIAN FEDERATION TO ThE PRESIDENT  
OF ThE RUSSIAN FEDERATION  ............................................................127

§ 19.  ExTENSION OF ThE SUBjECT COMPETENCE AND POWERS  
OF ThE GOVERNMENT OF ThE RUSSIAN FEDERATION .........................131

§ 20.  IMPROVEMENT OF CERTAIN PROVISIONS  
ON ThE jUDICIAL SySTEM OF ThE RUSSIAN FEDERATION ....................143

§ 21.  PROCEDURE FOR ThE APPOINTMENT OF jUDGES  
OF FEDERAL COURTS AND ThE TERMINATION 
OF ThEIR POWERS  ..............................................................................149

§ 22.  ThE CONSTITUTIONAL COURT OF ThE RUSSIAN FEDERATION  
AS ThE hIGhEST jUDICIAL BODy OF CONSTITUTIONAL  
CONTROL ............................................................................................155

§ 23.  PRELIMINARy CONSTITUTIONAL CONTROL ..........................................168

§ 24.  PROCEDURE FOR ThE FORMATION  
OF PROSECUTOR'S OFFICE .................................................................175

§ 25.  ThE FEDERATION COUNCIL AND OThER BODIES  
WITh SPECIAL COMPETENCE  ..............................................................180

§ 26.  UNIFIED SySTEM OF PUBLIC AUThORITy ..............................................187

§ 27.  PROCEDURE FOR ThE PREPARATION AND CONDUCT  
OF ThE ALL-RUSSIAN VOTE ON ThE ThE LAW  
OF ThE RUSSIAN FEDERATION AMENDING  
ThE CONSTITUTION OF ThE RUSSIAN FEDERATION  ............................193

§ 28.  PROCEDURE FOR ThE ENTRy INTO FORCE OF CERTAIN  
PROVISIONS OF ThE LAW OF ThE RUSSIAN FEDERATION  
AMENDING ThE CONSTITUTION OF ThE RUSSIAN FEDERATION  ..........206

LIST OF ABBReVIATIOnS

The Law on the Amendment — the Law of the Russian Federation 
Amending the Constitution of the Russian Federation of March 14, 2020 
No. 1-FKZ “On Improving the Regulation of Certain Aspects of the Organization and Functioning of Public Authority” (Legislation Bulletin of 
the Russian Federation. 2020. No. 11. Art. 1416);
The Decision of the Constitutional Court of the Russian Federation of 
March 16, 2020. — The Decision of the Constitutional Court of the Russian Federation of March 16, 2020 No. 1-Z “On the compliance of the 
provisions of the Law of the Russian Federation Amending the Constitution of the Russian Federation “On Improving the Regulation of Certain 
Aspects of the Organization and Functioning of Public Authority” that 
have not come into force with the provisions of Chapters 1, 2 and 9 of the 
Constitution of the Russian Federation, as well as on the compliance of 
the procedure for entry into force of Article 1 of that Law due to the request of the President of the Russian Federation” (Legislation Bulletin of 
the Russian Federation. 2020. No. 12. Art. 1855);
Judgment of the Constitutional Court of the Russian Federation of 
July 14, 2015 No. 21-P — Judgment of the Constitutional Court of the 
Russian Federation of July 14, 2015. No. 21-P “In the case of verification 
of constitutionality of provisions of Article 1 of the Federal Law “On Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto”, points 1 and 2 of Article 32 of the Federal Law “On International Treaties of the Russian Federation”, paragraphs 1 and 4 of Article 11, point 4 of paragraph 4 of 
Article 392 of the Civil Procedure Code of the Russian Federation, paragraphs 1 and 4 of Article 13, point 4 of paragraph 3 of Article 311 of the 
Arbitration Procedure Code of the Russian Federation, paragraphs 1 and 
4 of Article 15, point 4 of paragraph 1 of Article 350 of the Code of Administrative Judicial Procedure of the Russian Federation and point 2 of 
paragraph 4 of Article 413 of the Criminal Procedure Code of the Russian 
Federation due to a request from a group of members of the State Duma” 
(Legislation Bulletin of the Russian Federation. 2015. No. 30. Art. 4658);
The Venice Commission of the Council of Europe — European Commission for Democracy through Law;
ECHR — European Court of Human Rights.

InTROdUCTIOn

On January 15, 2020 the President of Russia in his Annual Address to the Federal Assembly1 initiated amendments to the Constitution of the Russian Federation. On the same day a working group 
on drafting proposals for amendments to the Constitution was 
formed2. The working group (75 people) comprised representatives 
from a wide range of social and professional groups: doctors, teachers, athletes, scientific, cultural and art workers, businessmen, heads 
of trade unions and other public organisations, members of the 
State Duma, politicians and, of course, legal experts.
On January 20, the President submitted to the State Duma a 
draft Law Amending the Constitution of the Russian Federation 
“On improving the regulation of certain aspects of the organization 
and functioning of public authority”. The process of constitutional 
modernisation was initiated by the head of state, but almost immediately the preparation of the amendments to the Constitution 
turned into a collective constitutional effort by the citizens. The 
working group became one of the main expression channels for the 
people's constitutional (law-making) initiative.
The constitutional amendments were drafted with the broadest 
and most direct participation of the population (a working group 
compiled more than 1,000 proposals), and ultimately their fate was 
decided by the citizens in the nationwide vote. It was preceded by 
the approval of the Law on the Amendment by the State Duma3 and 
the Federation Council of the Federal Assembly4 of the Russian 

1 
Presidential Address to the Federal Assembly of the Russian Federation of January 15, 2020// Rossiyskaya Gazeta. 2020. No. 7.

2 
An order of the President of the Russian Federation No. 5-rp “On the Working 
Group to Draft Proposals for Amendments to the Constitution of the Russian 
Federation” of January 15, 2020. URL: http://www.pravo.gov.ru

3 
A resolution No. 7867-7 GD of the State Duma of March 11, 2020 // URL: 
https://sozd.duma.gov.ru/bill/885214-7#bh_histras

4 
A resolution No. 75-SF of the Federation Council of March 11, 2020 //URL: 
https://sozd.duma.gov.ru/bill/885214-7#bh_histras

Thematic commentary to the Law of the RF Amending the Constitution of the RF

10

Federation (March 11, 2020) as well as by the legislative bodies of 
the constituent entities of the Russian Federation (March 12, 13, 
2020). The Constitutional Court of the Russian Federation in its 
Decision of March 16, 2020 confirmed the compliance of the Law 
on the Amendment with the provisions of Chapters 1, 2 and 9 of the 
Constitution of the Russian Federation.
The nationwide vote on the approval of the constitutional 
amendments, which under the Law became a compulsory condition 
for the entry into force of the amendments, was originally scheduled 
for 22 April 2020. But due to the difficult epidemiological situation 
caused by the coronavirus pandemic, it was postponed and held on 
the 1st of July this year.
The voter turnout was 67.97%. The amendments were supported 
by 77.92% of Russian who took part in the nationwide vote1. 
On July 3, 2020 the President of Russia signed the Decree No. 445 
“On the Official Publication of the Constitution of the Russian 
Federation, as Amended”, according to which the amendments to 
the Constitution of the Russian Federation, under Article 1 of the 
Law on the Amendment, came into effect on July 4, 2020.
The law being commented on was not exactly the ordinary law. It 
had a special role and place in the legislative system along with the 
other few laws on amendments to the Constitution of the Russian 
Federation2. The Constitutional Court of the Russian Federation 

1 
The high level of approval of the amendments by Russian citizens was recorded 
by the results of sociological surveys throughout the preparations for the nationwide vote and was confirmed by its results. This indicates a high degree of 
social solidarity among Russian citizens and the presence of a sustainable public demand for the realisation of a comprehensive social policy of the state (for 
more on the importance of social policy and the agenda in the state building, 
refer to: Klishas A.A. Together We Will Win // Rossiyskaya Gazeta. 2020 
No. 8141; Ibid. Legal code of the state: theoretical and practical issues. М., 
2019).

2 
See: The Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation No. 6-FKZ of December 30, 2008 “On the 
change in the term of office of the President of the Russian Federation and the 
State Duma”; the Law of the Russian Federation on the Amendment to the 
Constitution of the Russian Federation No. 7-FKZ of December 30, 2008 
“On the control powers of the State Duma in respect of the Government of the 

Introduction

11

identified this particularity in the process of interpreting the Constitution of Russia1. The Court pointed out that the provisions of Article 136 of the Constitution of the Russian Federation regulating the 
adoption and entry into force of amendments to chapters (from 3 
to 8) could only be implemented in the form of a special legal act on 
a constitutional amendment. This act differed from both federal law 
and federal constitutional law. The legislator followed this legal position of the Constitutional Court while adopting Federal Law of 
March 4, 1998 No. 33-FZ “On the Procedure for Adoption and Entry into Force of Amendments to the Constitution of the Russian 
Federation”.
This kind of laws served as an instrument of special regulation 
under Chapter 9 of the Constitution of the Russian Federation2. 
The Law being commented on was adopted not to ensure the implementation of constitutional norms, but to modify them to the extent 
permitted by the Constitution. The Law legally established amendments to the Constitution and, therefore, performed a special role 
in Russia's legal system.
Unlike other similar laws the Law on the Amendment 2020 is 
unique as, it:
 
– contains not one but many amendments to the Constitution, 
despite the title of the Law3;
 
– consolidates the amendments and the provisions that ensure 
their entry into force;

Russian Federation”; The Law of the Russian Federation on the Amendment 
to the Constitution of the Russian Federation of February 5, 2014 No. 2-FKZ 
“On the Supreme Court of the Russian Federation and the Prosecutor's Office 
of the Russian Federation”; The Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation of July 21, 2014 No. 11-FKZ 
“On the Federation Council of the Federal Assembly of the Russian Federation”.

1 
Judgment of the Constitutional Court of the Russian Federation of October 31, 
1995 No. 12-P "On the case of the interpretation of Article 136 of the Constitution of the Russian Federation".

2 
Ibid.

3 
Federal Law No. 33-FZ of March 4, 1998 “On the procedure for the adoption 
and entry into force of amendments to the Constitution of the Russian Federation”.

Thematic commentary to the Law of the RF Amending the Constitution of the RF

12

 
– establishes a more complicated procedure for entry into force 
of its provisions compared to the one established in Article 136 of 
the Constitution, previously unknown in Russian constitutional 
practice.
The Law on the Amendment sets forth the most extensive constitutional reform in Russia since the adoption of the Constitution 
of the Russian Federation on December 12, 1993, namely:
 
– expands the list of constitutional values and ensures greater reflection of the historical origins, spiritual traditions and its own ideals of the Russian society;
 
– specifies the dimension of the social state;
 
– fixes the modern outlines of the form of the Russian state;
 
– reflects the improvement of the state mechanism and the exercise of public authority;
 
– it changes the correlation between the priorities of openness of 
the Russian legal system and its protection from external interference, introduces into the Constitution and constitutional legislation 
a new (but time-tested by the Constitutional Court of the Russian 
Federation) formula of proportionality between universal and national legal values, principles and standards.
The amendments did not affect the content of Chapters 1, 2 and 
9 of the Constitution: the foundations of the constitutional system, 
human and civil rights and freedoms, and the procedure for amending the Constitution.
It is necessary to interpret the amendments to the Constitution 
of the Russian Federation in the context of global constitutional development and its trends, to explain the specific historical meaning 
of the amendments to the Constitution of Russia. This is important 
for a correct understanding of the essence, objectives and specifics 
of the constitutional modernisation carried out with the adoption of 
this Law and, consequently, for the clarification of its content.
At the beginning of the third millennium, many countries 
around the world have undergone major constitutional reforms, 
which purpose and dynamics substantially differ from similar developments in the past. Most modern constitutions have undergone a 
revision. This has affected both the “old” (Great Britain, France) 
and relatively “young” constitutions. A considerable number of