notes for monday the 23rd

Executive branch
Gorbachev:
-kept some reform:
- add a president and VP to exec branch
- president would hold executive power of govt (president was elected by a legislature- called the supreme soviet)
- gorb was not trying to bring communist system down (president was elected by a legislature- called the supreme soviet)
- president appointed other top officers of government or minister
The cabinet of minister in his system is headed by the premier or prime minister – who was responsible to the new president.
The vice president existed to insure a smooth transition of power – gorb. had struggled to find a replacement.
The cabinet of minister (heads of major departments- foreign minister, minister of defense, minister of security)
Just as gorb was both president and general secretary of communist, party all of the council members who were heads of executive departments or had positions in them- they were also members of the communist party.
Who is the president? Gorbachev (nominated himself)
Today Russia has a president, Dmitri medvedev, but no VP
The president is directly elected by the ppl (4yr term but in process of becoming 6 yr term)
The president is chosen in direct election by a two ballot run off between the top two vote getters.
What do you get out of this? They have a bunch of parties, which will make it easier for them and would get rid of all the minor parties in the final vote
Does it encourage or discourage minority parties? encourage bcuzz everyone can have a chance- and if you throw your vote to a third party and they don’t win you can vote again choosing between the two major parties- so your vote isn’t wasted. It also makes sure that the person that is elected president has won by majority, which makes the system have greater legitimacy.
There is a two consecutive term limit- the president is head of state and in Russia, today, if the president becomes incapacitated the PM serves as acting president until elections can be held. In Russia, today, the executive power is in the hands of the government of Russia which is the PM and cabinet.
However, the PM is appointed by the president. And confirmed by the state DUMA. The current PM is Vladimir Putin. The Russian president can issue decrees even on contenscious issues. Which has the force of law. And have on occasion been used to override decisions by parl.
In addition to the authority issue decree, the president also has the right to call the state of emergency.
He can impose martial law.
He can grant pardons.
He can call referendum votes. Temporarily suspend actions by other state institutions- if he feels that they are in contradiction of the constitution or law.
And the president can be impeached but it is complicated.
The president is commanding chief of armed forces and has body called the Security Council- in charge of broad matters in state security ,like the US national security council.
The ministers of govt (cabinet ministers, heads of departments) are recommended by the prime ministers and approved by president. And do not have to be confirmed by legislature.
The govt can issue decrees but it can be over written by president decrees. Legislation can be proposed by president and or the govt.
united Russian is dominating the DUMA (Medvedev and Putin enjoy immediate support in the legislature and can get all their bills passed).
The legislature
The Russian constitution of 1993 revised for a bicameral parliament (known collectively as the federal assembly).
this assembly consists of:
1. Federation council, which is the upper house and represents Russia’s constitutional regions or states. 2. State DUMA.: represents general pop.
Today, the electoral system for the DUMA- THE lower house is a total proportional representation.
Prior to the last election (2007) the system had combined proportional representation with winner take all districts and prior to 2007 half of the 450 desks came from party lists and half came from single member districts.
Any party gaining 7 % of the national vote is entitled to a proportional share of those 450 desks in the DUMA.
Members of the duma currently have a 4 year term but has been extended to 5 years by constitutional amendments in December of 2008. Therefore, the next time elections come up it would be to a 5-year term.
The federation council (upper house) includes 2 representatives from each of Russia’s 21 autonomist’s republics and 68 other bodies. Therefore, 89 in office- 2 rep from each of the 89.
The federation council is directly elected by the pop. of each of the regions.
Like other upper houses the fed coun. They can do little more than delay the passage of legislation. Like the UK there is a provision for a vote of no confidence. It is diff . from GBs vote of no confidence.
In Russia a group in opposition to the majority party may circulate a petition asking that the duma consider a vote of no confidence. Overall it takes 90 signatures of the petition to proceed to the vote of confidence. If the 90 sig, are achieved then the DUMA will open discussion on the petition and proceed towards the vote of confidence.
It would take 226 votes to dismiss the PM and the cabinet. This usually leads to the ruling party negotiating with the minority party before the vote of confidence over the bill that they are objecting to the vote of confidence will not likely result in removal of cab and PM but it will result in some sort of concession to minority parties.
Both houses may establish committees and hold legislative hearings to review draft laws, submitted for concession by the legislators by the govt, PM. And cab or by the president.
Why do we hold legislative hearings? – to review bills or drop laws. Most laws have to be approved by both houses, but decisions of parl. can be vetoed by the president.
To override a president. Veto 2/3 of the members of fed assembly (both houses) must support original wording of the bill. And then also remember that the president can rule by decree. (Sign of strong president)
Bureaucracy
Patron client networks are strong- the bureaucracy slumped as yeltsins privatization kicked in and in particular as govt reduced its role in economic management. The nomenclatural system collapsed- so when govt officials move up in the system the y tend to bring trusted reliable allies that have supported them along with them as they move up.
As Putin moves to regain control of some industries there is growth of bureaucracy once again. There is a cabinet of minister- the Prime minister resides over proceedings of the cabinet. then there’s heads of major departments.
Judiciary
In the old Soviet Union, the court answered directly to and were controlled by the communist party.
The court (the judges) decided whatever the party told them to decide. The courts were not independent.
In 1991 Russia instituted the new office of president, and the constitutional court. This is yeltsins Russia. and the con. court decisions on the constitutionality of legislations and decrees were to be binding and early on even president Yeltsin bowed to the authority of the constitutional court.
Overtime battles heated up between Yeltsin and parliament. And the court was asked to decide whether Yeltsin decrees were constitutional or not and YELTSIN disbanded the constitutional court by decree.
All at the same time, YELTSIN const. of 1993 provided for a conts. Court with the power to adjudicate disputes regarding the compatibility of federal and regional laws with the const. as well as to adjudicate jurisdictional disputes b/t political institutions.
It took a couple years but they go back into operations in 1995 but it is invisible. the future of const. court and law remains to be seen. the constitution of 1993 provided for a Supreme Court serves as final court of appeals in criminal, civil , and administrative cases but does not have judicial review.
The 1993 cons. provided for the use of jury trial by lower courts (took a while in dec. of 2002 that the first jury trial since the Bolshevik rev. took place in Russia).
In the next year in sept 2003 the Moscow city court held its first jury trial. The const of 1993 granted the right to the jury trial – the power remains in the hands of the judges and the Russian judges convict 99.5% of the time. in the Russian courts there is no protection against double jeopardy.
This system could conceivably evolve if they adopt due process of law, or the idea that innocence before proven guilty.
Russia and EU
DO they have a relationship? Not a very good one. Remember at the time the Soviet Union crashes on one side we had w. Europe, US and Canada against soviet union and Warsaw pact . After collapse, nato incites some of the former states in eastern Europe to join NATO and the do much to Russians disgust. Russia never liked NATO and Europe has not come up with a framework to put them on the same side. Russia is involved in the G8- economic group-(US, RUSSIA, BRITAIN, JAPAN etc.)

Norah :D