Russia’s Constitutional Changes Are Designed to Perpetuate Putinism

Putin’s proposals represent neither a “January coup” nor democratisation. Rather, they are a way to ensure the continuity of the current elite and the system they preside over.

Russian president Vladimir Putin has always enjoyed the decisive move that takes everyone by surprise. Long periods of quiet are broken by a sudden, shocking manoeuvre.

This was the case with his package of reforms following the Beslan school hostage crisis in September 2004, and again with the announcement in September 2011 that he planned to return to the Kremlin, following the four-year presidency of his close colleague, Dmitry Medvedev. The Russian constitution, agreed after a referendum in December 1993, stipulates that nobody can serve more than two consecutive terms, and so, after the gap, Putin legitimately returned to the Kremlin.

On January 15, 2019, in his annual address to Russia’s Federal Assembly, Putin sprang yet another surprise package of changes, signalling the beginning of a transition period that could last up to the end of his fourth constitutionally-mandated term of office in 2024.

The speech fired the starting gun on another managed succession, although Putin’s personal role at the end of this time is unclear. It appears he is seeking to create a management structure for the country’s affairs without his direct involvement.

Putin’s speech was followed by the immediate resignation of Medvedev as prime minister and of his cabinet, and the appointment of the former head of the Federal Tax Service, Mikhail Mishustin, as prime minister. Medvedev was appointed to the new post of deputy head of the Security Council, subordinate to the council’s head, Putin.

But Putin’s proposals represent neither a “January coup”, as some Russian media described it, nor democratisation. Rather, they are a way to ensure the continuity of the current elite and the system they preside over.

Also read: After Two Decades, Vladimir Putin’s Image Is Beginning to Show Cracks

Where power lies

In his speech, Putin outlined the most significant package of constitutional reforms since 1993, suggesting seven amendments to the constitution. Some have a democratising edge while others are clearly designed to create a repertoire of institutions to perpetuate Putinism without Putin.

The most crucial was a suggestion by Putin to allow the State Duma to appoint the prime minister, and then “the deputy prime ministers and federal ministers at the prime minister’s recommendation”. The president would have no right to reject the candidates approved by parliament.

This would represent a major transfer of power back to the legislature from the presidential executive, raising the status of parliament. If approved, the changes could also provide a path for the United Russia political party and its leader (currently still Medvedev) to formalise its control of power from within the legislature.

Putin did not stop there, and he also asserted that Russia: “Cannot properly advance and even exist sustainably as a parliamentary republic.” The country would therefore remain “a strong presidential republic” – and a proposed constitutional change would reinforce this structure. The president would set the government’s tasks and priorities and maintain the right to sack the prime minister and ministers. The president would continue to exercise direct control over the armed forces and the entire law enforcement system (the siloviki).

A third change concerned the personnel staffing the nation’s top offices, who would no longer be allowed to have foreign citizenship or residence permit. The requirements would be even tougher for presidential candidates, who must have had permanent residency for at least 25 years with no foreign citizenship or residence permit.

Putin then noted that:

People are discussing the constitutional provision under which one person cannot hold the post of the President of the Russian Federation for more than two successive terms. I do not regard this as a matter of principle, but I nevertheless support and share this view.

This classically ambiguous formulation pointed the way to the imposition of a conclusive two-term limit on future Russian presidents, rather than the current limit on them serving two consecutive terms.

Also read: Has Putin Kept His Promises?

A fourth change stressed the need to increase the role of governors in federal decision-making due to Russia’s enormous size and diversity. In 2000, Putin restored the State Council as a presidential consultative body, bringing together the heads of the regions and some officials. He has now extolled the quality of its work and proposed making it a formal constitutional body. Many have speculated that the State Council could then provide a platform for his continued indirect leadership.

Sovereignty and living standards

Fifth, he proposed to entrench in the constitution a law passed in December 2015 that granted domestic legislation priority over international law. Putin argued that: “Russia can be and can remain Russia only as a sovereign state. Our nation’s sovereignty must be unconditional.” The changes would constitutionally entrench the principle that Russian norms take precedence over international law and treaties.

A sixth proposal reflected a major theme of his speech: the question of improving the country’s standard of living and dealing with demographic, climate and other issues. He suggested a constitutional change to “seal the principles of a unified system of public authority”. This would include expanding the authority of local government, alongside a constitutional provision to ensure the regular adjustment of pensions for inflation.

A final seventh proposal granted the Federation Council, Russia’s upper legislative house, the constitutional authority to dismiss constitutional and Supreme Court judges in the event of misconduct, on the proposal of the president. How such misconduct would be defined opens up a range of possible abuses by politicians.

Also read: Meet Russia’s Next Prime Minister Mikhail Mishustin — a Career Technocrat

As the amendments represented “substantial changes”, Putin proposed they would be put to the people in a referendum. A 75-strong working group has already begun work to formulate the text of the draft amendments to the constitution.

Overall, the changes slightly diminish the president’s powers and restore greater balance in the relationship between the executive and legislative authorities. The introduction of some checks and balances would ensure that Putin’s legacy would not be easily undone. But the reforms are as much about ensuring that Putin’s system will endure as about perpetuating his leadership.
The Conversation

Richard Sakwa is a professor of Russian and European Politics at the University of Kent

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Russia’s Cabinet Resigns and It’s All Part of Putin’s Plan

Russia’s cabinet resigned Wednesday, and it looked like an unexpected move. But a Russia scholar says it is part of a plan by leader Vladimir Putin to maintain power after he leaves office.

Russian politics are often not what they seem, especially to those in the West. We asked Regina Smyth, a Russia scholar at Indiana University, to help readers understand what’s going on.

1. What just happened?

Russian President Vladimir Putin, who has been in power for 20 years and faces term limits in 2024, has begun his effort to consolidate control and maintain his hold on power after the next elections. The cabinet and prime minister’s resignations are part of that effort.

Putin wants his majority in the parliament – the State Duma – to pass constitutional amendments that will allow him to remain in political control.

This move is not unexpected, at least among Kremlin watchers and scholars like me who have studied Russian elections over 30 years. Putin signaled the change in his annual press conference in December, where he spoke about the potential for constitutional reforms.

On Jan. 15, Putin gave his annual state of the nation address and unveiled “serious changes to the political system.” In response to the proposed constitutional amendments, which Putin is promoting as “reforms,” Prime Minister Medvedev and his government resigned.

This move should not be seen as protest, although it might be useful for Medvedev, a longtime ally of Putin’s, to feign independence and appear as if he made the move in dissent. He and Putin orchestrated similar actions in 2008 and again in 2011.

The goal of Putin and his allies is to forestall popular protest among those tired of Putin’s long reign.

Putin’s proposal to redefine the separation of power between the Duma, presidency and prime minister would allow parliament to select the prime minister, a power now in the hands of the president. Together with an agreement to impose strict two-term limits on future presidents, this change suggests that Putin will leave the presidency.

Future presidents would retain control of the security forces and the military but must consult the State Council.

Also read: Russian Prime Minister and Government Resign After Putin Speech

The proposal is being touted in leading Russian newspapers as “democratic reform.” In fact, while appearing to redistribute power among the high-level players in the Kremlin, the details that will determine power relations remain vague.

On Monday, Putin’s spokesman stated that specifics will be developed in consultation with the Russian people. Given regime controls over voting and national campaigns, this nod to the people is a form of window dressing.

In making these changes and accepting the government’s resignation, President Putin is laying the groundwork for several paths to retain power, including as prime minister or head of a strengthened State Council, an advisory body to the president.

Putin’s proxies are already arguing that these reforms will prevent political crisis in 2024 and increase living standards.

2. Why did it happen?

President Putin faces two potential roadblocks if he wants to maintain political control through the next election cycle – parliamentary elections in 2021 and presidential elections in 2024.

The first problem is term limits that mandate he leave the presidency. In the face of growing urban protest and declining support for his regime’s policies, any political reforms that prolong Putin’s tenure are risky. Reform must be seen by the public as a step forward and not a step toward stagnation.

The second problem is that Putin and his United Russia party need to win large majorities in parliamentary and presidential elections. Russia’s sluggish economy and citizens’ frustration with poor government services will undermine support for regime candidates.

Also read: The Crisis That Created Putin

This plan, betting on the regime’s capacity to control elections, is risky. Outright electoral fraud will almost surely provoke protest.

Still, these so-called reforms are timed well before the election to allow Putin and his allies to rebuild support in the wake of any negative reaction. The Kremlin is preserving room to respond and correct course.

In accepting the government’s resignation, Putin blamed it for the country’s economic decline, and placed recovery and improved standards of living at the top of his political agenda.

Russian President Vladimir Putin and Prime Minister Dmitry Medvedev attend a meeting with members of the government in Moscow, January 15, 2020. Sputnik/Alexey Nikolsky/Kremlin/Reuters

3. What’s next?

Putin’s regime has successfully sold unpopular reforms to skeptical voters in the past. Earlier government attempts to promote pension and housing program changes provide a model for superficial responsiveness to popular demands.

To channel discontent Putin proposed a national referendum on the changes.

So Duma deputies will hold meetings in their districts. Party leaders will meet with constituents and hear their concerns. Officials will make amendments to the proposed changes that appear to address those concerns, but in ways that don’t fundamentally change their intent. The process will occur quickly to thwart any opposition organisation.

The new prime minister will announce economic reforms and an infusion of state funds into the economy. These actions will also create an impression of responsiveness and win voter support.

As elections approach, the Kremlin will warn of potential crisis, offering Putin as the guarantor of stability. The message will be, as it has been in the past, that Putin is the bulwark against crisis.

4. What does this mean to the US?

While the Putin regime’s domestic policy is not popular, his ability to project Russian power abroad is. The US can expect Putin to challenge its policies, as he has since the US imposed sanctions on Russia for its invasion of eastern Ukraine.

I believe Putin will continue to meddle in US politics and elections to prolong the country’s democratic crisis. This effort will serve both domestic and international agendas, by destabilising the US and making democracy look unappealing to ordinary Russians, who associate the dismal economic and political conflicts of the 1990s with Russian attempts at democratic reform.

Also read: ‘The Future of History’ Reveals Russia’s Slide to Totalitarianism Under Putin

The trajectory is clear in Russia’s newly revealed hack of the Ukrainian firm Burisma, where Joe Biden’s son Hunter served as a board member. This effort by Russia, presumably to unearth embarrassing information about the Biden family, is likely intended to inflame partisan tensions around the impeachment trial of President Donald Trump.

Distracting the US with domestic strife also limits its capacity to challenge Russia abroad.

Regina Smyth, Associate Professor of Political Science, Indiana University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Russian Prime Minister and Government Resign After Putin Speech

Putin has proposed a constitutional overhaul to boost the powers of parliament and the cabinet.

Russian Prime Minister Dmitry Medvedev said on Wednesday that his government was resigning to give President Vladimir Putin room to carry out the changes he wants to make to the constitution.

The unexpected announcement, which came shortly after Putin proposed a nationwide vote on sweeping changes that would shift power from the presidency to parliament, means Russia will also get a new prime minister.

Also read: The Crisis That Created Putin

Possible candidates include Sergei Sobyanin, the mayor of Moscow, Dmitry Oreshkin, the economy minister, or Alexander Novak, the energy minister.

Medvedev made the announcement on state TV sitting next to Putin who thanked Medvedev, a close ally, for his work.

Putin said that Medvedev would take on a new job as deputy head of Russia’s Security Council, which Putin chairs.

Putin asked for the outgoing government to remain at work until a new government was appointed.