Ekaterina Tarasova

Subjective Influence on Drafting 1993 Russian Constitution (Constitutional Council Work Case-Study)

2012. No. 1. P. 50–63 [issue contents]

Tarasova Ekaterina - Deputy Head, Secretariat of Council of Federation Committee on Federative Framework, Regional Politics, Local Self-administration and Northern Territories, Candidate of Juridical Sciences. Address: 26 Bolshaya Dmitrovka Str., Moscow, 103426, Russian Federation. E-mail: tarasova3000@yandex.ru.

The aim of the article is to study the influence of subjective and group factors on political and legal processes in this country. The constitutional process is interpreted here as political. The article discusses the subjective influence on drafting a new Russian Constitution in 1993. The article examines the causes for establishing the specific body - the Constitutional council, distinguishes characteristics of its legal status. The analysis of shorthand reports of the Constitutional council, presidential acts and other original sources, the author shows that the committees of the assembly consisted of the people loyal to the then president B. Yeltsin. The article argues that the members of the Constitutional council reported to the head of state and working on the drafts of constitution followed the opinion of president or his direct instructions. This dependence though not financial, administrative, was psychological. As a result the RF President got the status of institution dominating all the branches. The article follows different disagreements, controversies and conflicts occurring during the activity of the Council. The author has revealed the role of and professional interests in shaping the approach to constitutional norms regulating in particular the institution of private property, right to education and the system of institutes of state power. Hence, the origins of the constitutional model have been analyzed.

Citation: Tarasova E. (2012) Problema vliianiia sub'ektivnykh faktorov na protcess razrabotki Konstitutcii Rossii v 1993 g. (na primere raboty Konstitutcionnogo soveshchaniia) [Subjective Influence on Drafting 1993 Russian Constitution (Constitutional Council Work Case-Study)]. Pravo. Zhurnal Vysshei shkoly ekonomiki, no 1, pp. 50-63. (in Russian)
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