Listening to patriots, reading articles about the Central Bank’s “uncontrollability,” that “the ruble is not our national currency” (essentially, not by name), I hear from almost every sensible person outrage words about the primacy of international law over Russian, I constantly ask imagine the same question! And it sounds like this: ONCE OF ALL, THE KNOWN ISSUES ABOUT THE PROBLEMS THAT ARE STATED IN A BASIC CLEARING LAW - OUR CONSTITUTION, WHY PEOPLE AND THE LEGISLATIVE POWER HAVE SELECTED (The Council and the Council of the Federation) DO NOT CHANGE THE ARTICLE LIMITING THE AUTHOR
The urgency of the question so absorbed me that I decided to look for an answer. Moreover, I was very strongly stimulated by the fact that the Constitution of the Russian Federation has already changed, and quite easily: due to changes in the names of the subjects of the federation and the processes of unification of the Russian regions, 9 ONCE (!!!) CHANGED THE ARTICLE 65 of the Constitution (on the composition of the subjects of the Russian Federation ).
And at the end of 2008, President D. A. Medvedev proposed amendments to the Constitution concerning the extension of the terms of office of the President of the Russian Federation from 4 to 6 years. During November-December 2008, these changes were accepted. And although these were the first significant amendments to the current Russian Constitution for its fifteen years with little history, took them pretty quickly. How did they increase the term of office of the president? Voila ...
Read carefully. SIMPLE PROCEDURE:
The project was reviewed and approved by TWO THIRDS OF VOTES OF DEPUTIES OF THE STATE DUMA AND THREE FOUR FOUR VOTES OF MEMBERS OF THE COUNCIL OF FEDERATION. After establishing the results of the review, the Council of the Federation for seven days sends the law of the Russian Federation on an amendment to the Constitution of the Russian Federation to the PRESIDENT, WHICH, FOR A FOUR DAYS, SIGNS AND PUBLISHES IT.
Simply? Simply! It turns out if the patriots are not the traitors in power, then any law aimed at improving our lives and getting out of Poluokupatsiya (this term, pronounced by President Putin, confirms the seriousness of the problem and indicates that the top people know about it) , take it easy and simple! But why is this not being done?
I will not intrigue you. Literally in a few sentences I will reveal this “secret”. Which cannot be called a secret, because, it turns out, the answer is in the MOST CONSTITUTION! It’s just that I (I don’t know how you are), to my shame, carelessly read our Basic Law, albeit a lawyer by education.
And in it it is written in black and white that ONLY ARTICLES FROM 3-ITS AND THE FOLLOWING SECTIONS can be changed by the “simplified version”, which I wrote about above.
Another thing is that according to the Constitution ARTICLE 1-CSOs and 2-CSO section in which and are the constitutional order, limiting the sovereignty of Russia, can be changed only if the PILE conditions after the appropriate decision by the Constitutional Assembly, which has not only not been formed, but and the Law on Convocation and the Order of Formation, which until now has not been adopted! (I apologize for the selection of the text, I just consider it necessary to focus on this.)
Do you understand? Neither the referendum (the will of the people) nor the desire of the legislators can bypass this, frankly, trap! Imagine the situation: there are NO RULES for which patterns to create this assembly, so that its education is recognized as legitimate and suits all interested groups? After all, everyone knows how these groups can exert pressure and block such initiatives. Drafts of such a law were submitted to the State Duma back in 1997, 1998, 2000 and 2007, but failed miserably (blocked by deputies).
In 1995, at the lectures of a professor from the Altai State University, I had to hear his proud statement that he had participated in the drafting of our Constitution. According to him, we (Russia) should be proud of our Basic Law, as it “conforms to the most advanced principles of world constitutional legislation, because it takes into account the experience of all advanced countries, including the USA!”
If I knew what it would lead him and American advisers to before him, I would have thrown a shoe at him! But, unfortunately, half of the 18-year-old audience was sitting in sweatshirts with the words “USA”, “CHICAGO BULLS”, etc., and we treated the words “guru” from jurisprudence with respect. Those who grew up at that time remember how badly we thought that everything Soviet is bad, but the American is the most advanced and the best. Even the constitution "licked", what can we say about clothes, music, movies!
But in fairness it must be said that the thesis that the American Constitution has been written and executed for the sake of the American people and in their interests will also not be true! Most recently, I still began to divide the people and the national, as well as supranational (global) elites. The bottom line is that all international treaties, and the US Constitution, too, serve the masters of life (money). There, too, minor articles can be changed relatively easily, and the articles in chapters 1 and 2 of the Constitution, containing the foundations of the constitutional system, are only accessible to change by the Constitutional Assembly, which did not meet there God already knows how long, and for convening which also requires a lot of difficult conditions. In this regard, the Constitution of the Russian Federation is really tracing from the US Constitution.
One pleases. The most well-known of the changes to our Basic Law, the increase in the presidential term from 4's to 6 years, was made under pressure from the Americans. His goal is to prevent Putin from returning to the presidency, and to “put Medvedev there” for a longer period! Only now overseas strategists miscalculated, and Medvedev was not destined to go to the 2 term, as planned in the Washington Regional Committee (he voluntarily refused to participate in elections in favor of GDP), and now they will have to talk 12 for years with intractable "tyrant" Putin which of the last forces tries to minimize the flaws of the creators of the Constitution of the Russian Federation.
Maybe Medvedev’s irremovability as chairman of the government is explained by the agreement of the tandem to “throw” globalists at that time? But this, as they say, is another story ...
What conclusions can and should be done
Push changes in the Constitution of the Russian Federation "swoop" will not work. With all due respect to the deputy Yevgeny Fedorov, who tried to do this, by making appropriate initiatives in the lower chamber. It is probably worth going the hard way, but the right way.
It is necessary by three fifth votes of the total number of members of the Council of Federation and the deputies of the State Duma to adopt a proposal to revise the provisions of the main chapters of the Constitution and convene a Constitutional Assembly in accordance with federal constitutional law.
According to part three of art. 135 The Constitutional Assembly either confirms the immutability of the Constitution of the Russian Federation, or is drafting a new Constitution of Russia.
Difficult, but doable! And just in this case, it is possible and necessary to study the practice of creating such assemblies by other countries — for example, the same United States.
Otherwise, you will have to put the question squarely before the legislators: whose interests do they really uphold?