CANADA, RUSSIA AND UKRAINE: BUILDING A NEW RELATIONSHIP

Chairman : The Honourable Peter Stollery 
Deputy Chair : The Honourable Raynell Andreychuk

Sixteenth Report

June 2002

APPENDIX A:  

MAPS OF RUSSIA AND UKRAINE

RUSSIA

UKRAINE

APPENDIX B:  

SECTIONS OF THE RUSSIAN CONSTITUTION PERTAINING TO FEDERAL-REGIONAL DIVISIONS OF POWERS AND THE POWERS OF THE RUSSIAN PRESIDENT

Chapter 3.  The Federal Structure 

Article 65 

1.         The Russian Federation includes the following subjects of the Russian Federation:

the Republic of Adygeya (Adygeya), the Republic of Altai, the Republic of Bashkortostan, the Republic of Buryatia, the Republic of Daghestan, the Republic of Ingushetia, the Kabardino-Balkarian Republic, the Republic of Kalmykia, the Karachayevo-Circassian Republic, the Republic of Karelia, the Komi Republic, the Republic of Marii El, the Republic of Mordovia, the Republic of Sakha (Yakutia), the Republic of North Ossetia - Alania, the Republic of Tatarstan (Tatarstan), the Republic of Tuva, the Udmurtian Republic, the Republic of Khakassia, the Chechen Republic, the Chuvash Republic - Chuvashia;

the Altai Territory, the Krasnodar Territory, the Krasnoyarsk Territory, the Primorie Territory, the Stavropol Territory, the Khabarovsk Territory;

the Amur Region, the Archangel Region, the Astrakhan Region, the Belgorod Region, the Bryansk Region, the Vladimir Region, the Volgograd Region, the Vologda Region, the Voronezh Region, the Ivanovo Region, the Irkutsk Region, the Kaliningrad Region, the Kaluga Region, the Kamchatka Region, the Kemerovo Region, the Kirov Region, the Kostroma Region, the Kurgan Region, the Kursk Region, the Leningrad Region, the Lipetsk Region, the Magadan Region, the Moscow Region, the Murmansk Region, the Nizhni Novgorod Region, the Novgorod Region, the Novosibirsk Region, the Omsk Region, the Orenburg Region, the Orel Region, the Penza Region, the Perm Region, the Pskov Region, the Rostov Region, the Ryazan Region, the Samara Region, the Saratov Region, the Sakhalin Region, the Sverdlovsk Region, the Smolensk Region, the Tambov Region, the Tver Region, the Tomsk Region, the Tula Region, the Tyumen Region, the Ulyanovsk Region, the Chelyabinsk Region, the Chita Region, the Yaroslavl Region;

Moscow, St. Petersburg - cities of federal importance;

the Jewish Autonomous Region;

the Aginsk Buryat Autonomous Area, the Komi-Permyak Autonomous Area, the Koryak Autonomous Area, the Nenets Autonomous Area, the Taimyr (Dolgano-Nenets) Autonomous Area, the Ust-Ordyn Buryat Autonomous Area, the Khanty-Mansi Autonomous Area, the Chukotka Autonomous Area, the Evenki Autonomous Area, the Yamalo-Nents Autonomous Area.

2.         The admission to the Russian Federation and the creation in it of a new subject shall be carried out according to the rules established by the federal constitutional law.

Article 66 

1.         The status of a Republic shall be determined by the Constitution of the Russian Federation and the Constitution of the Republic.

2.         The status of a territory, region, city of federal importance, autonomous region and autonomous area shall be determined by the Constitution of the Russian Federation and the Charter of the territory, region, city of federal importance, autonomous region or autonomous area, adopted by the legislative (representative) body of the corresponding subject of the Russian Federation.

3.         Upon the proposal of the legislative and executive bodies of the autonomous region or autonomous area a federal law on autonomous region or autonomous area may be adopted.

4.         The relations between the autonomous area within a territory or region may be regulated by the federal law or a treaty between the bodies of state authority of the autonomous area and, accordingly, the bodies of state authority of the territory or region.

5.         The status of a subject of the Russian Federation may be changed upon mutual agreement of the Russian Federation and the subject of the Russian Federation and according to the federal constitutional law.

Article 67

1.         The territory of the Russian Federation shall include the territories of its subjects, inland waters and territorial sea, and the air space over them.

2.         The Russian Federation shall possess sovereign rights and exercise the jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation according to the rules fixed by the federal law and the norms of international law.

3.         The borders between the subjects of the Russian Federation may be changed upon their mutual consent.

Article 68

1.         The Russian language shall be a state language on the whole territory of the Russian Federation.

2.         The Republics shall have the right to establish their own state languages. In the bodies of state authority and local self-government, state institutions of the Republics they shall be used together with the state language of the Russian Federation.

3.         The Russian Federation shall guarantee to all of its peoples the right to preserve their native language and to create conditions for its study and development.

Article 69

The Russian Federation shall guarantee the rights of the indigenous small peoples according to the universally recognized principles and norms of international law and international treaties and agreements of the Russian Federation.

Article 70 

1.                  The state flag, coat of arms and anthem of the Russian Federation, their description and rules of official use shall be established by the federal constitutional law.

2.                  The capital of the Russian Federation is the city of Moscow. The status of the capital shall be determined by the federal law.

Article 71 

The jurisdiction of the Russian Federation includes:

a.                   adoption and amending of the Constitution of the Russian Federation and federal laws, control over their observance;

b.                  federal structure and the territory of the Russian Federation;

c.                   regulation and protection of the rights and freedoms of man and citizen; citizenship in the Russian Federation, regulation and protection of the rights of national minorities;

d.                  establishment of the system of federal bodies of legislative, executive and judicial authority, the rules of their organization and activities, formation of federal bodies of state authority;

e.                   federal state property and its management;

f.                    establishment of the principles of federal policy and federal programmes in the sphere of state, economic, ecological, social, cultural and national development of the Russian Federation;

g.                   establishment of legal groups for a single market; financial, currency, credit, and customs regulation, money issue, the principles of pricing policy; federal economic services, including federal banks;

h.                   federal budget, federal taxes and dues, federal funds of regional development;

i.                     federal power systems, nuclear power-engineering, fission materials, federal transport, railways, information and communication, outer space activities;

j.                    foreign policy and international relations of the Russian Federation, international treaties and agreements of the Russian Federation, issues of war and peace;

k.                  foreign economic relations of the Russian Federation;

l.                     defence and security; military production; determination of rules of selling and purchasing weapons, ammunition, military equipment and other military property; production of poisonous substances, narcotic substances and rules of their use;

m.                 determination of the status and protection of the state border, territorial sea, air space, exclusive economic zone and continental shelf of the expenditures;

n.                   judicial system, procurator's office, criminal, criminal procedure and criminal-executive legislation, amnesty and pardoning , civil, civil procedure and arbitration procedure legislation, legal regulation of intellectual property;

o.                  federal law of conflict of laws;

p.                  meteorological service, standards, metric system, horometry accounting, geodesy and cartography, names of geographical units, official statistics and accounting;

q.                  state awards and honorary titles of the Russian Federation;

r.                    federal state service.

Article 72 

1.         The joint jurisdiction of the Russian Federation and the subjects of the Russian Federation includes:

a.                   providing for the correspondence of the constitutions and laws of the Republics, the charters and other normative legal acts of the territories, regions, cities of federal importance, autonomous regions or autonomous areas to the Constitution of the Russian Federation and the federal laws;

b.                  protection of the rights and freedoms of man and citizen; protection of the rights of national minorities; ensuring the rule of law, law and order, public security, border zone regime;

c.                   issues of possession, use and disposal of land, subsoil, water and other natural resources;

d.                  delimitation of state property;

e.                   nature utilization, protection of the environment and ensuring ecological safety; specially protected natural territories, protection of historical and cultural monuments;

f.                    general issues of upbringing, education, science, culture, physical culture and sports;

g.                   coordination of issues of health care; protection of the family, maternity, paternity and childhood; social protection, including social security;

h.                   carrying out measures against catastrophes, natural calamities, epidemics, elimination of their aftermath;

i.                     establishment of common principles of taxation and dues in the Russian Federation;

j.                    administrative, administrative procedure, labour, family, housing, land, water, and forest legislation; legislation on subsoil and environmental protection

k.                  personnel of the judicial and law enforcement agencies; the Bar, notaryship;

l.                     protection of traditional living habitat and of traditional way of life of small ethnic communities;

m.                 establishment of common principles of organization of the system of bodies of state authority and local self-government;

n.                   coordination of international and foreign economic relations of the subjects of the Russian Federation, fulfillment of international treaties and agreements of the Russian Federation.

2.         Provisions of this Article shall be equally valid for the Republics, territories, regions, cities of federal importance, autonomous regions or autonomous areas.

Article 73 

Outside the limits of authority of the Russian Federation and the powers of the Russian Federation on issues under joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the subjects of the Russian Federation shall possess full state power.

Article 74 

1.         In the territory of the Russian Federation it shall not be allowed to establish customs borders, dues or any other barriers for a free flow of goods, services and financial resources.

2.         Limitations on the transfer of goods and services may be introduced according to the federal law, if it is necessary to ensure security, protect the life and health of people, protect nature and cultural values.

Article 75 

1.         The monetary unit in the Russian Federation shall be the rouble. Money issue shall be carried out exclusively by the Central Bank of the Russian Federation. Introduction and issue of other currencies in Russia shall not be allowed.

2.         The protection and ensuring the stability of the rouble shall be the major task of the Central Bank of the Russian Federation, which it shall fulfil independently of the other bodies of state authority.

3.         The system of taxes paid to the federal budget and the general principles of taxation and dues in the Russian Federation shall be fixed by the federal law.

4.         State loans shall be issued according to the rules fixed by the federal law and shall be floated on a voluntary basis.

Article 76 

1.         On the issues under the jurisdiction of the Russian Federation federal constitutional laws and federal laws shall be adopted and have direct action in the whole territory of the Russian Federation.

2.         On the issues under the joint jurisdiction of the Russian Federation and subjects of the Russian Federation federal laws shall issued and laws and other normative acts of the subjects of the Russian Federation shall be adopted according to them.

3.         Federal laws may not contradict the federal constitutional laws.

4.         Outside the limits of authority of the Russian Federation, of the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the Republics, territories, regions, cities of federal importance, autonomous regions or autonomous areas shall exercise their own legal regulation, including the adoption of laws and other normative acts.

5.         The laws and other legislative acts of the subjects of the Russian Federation may not contradict the federal laws adopted according to the first and second parts of this Article. In case of a contradiction between a federal law and an act issued in the Russian Federation the federal law shall be applied.

6.         In case of a contradiction between a federal law and a normative act of a subject of the Russian Federation adopted according to the fourth part of this Article, the normative legal act of the subject of the Russian Federation shall be applied.

Article 77 

1.         The system of bodies of state authority of the Republics, territories, regions, cities of federal importance, autonomous regions or autonomous areas shall be established by the subjects of the Russian Federation independently and according to the principles of the constitutional system of the Russian Federation and the general principles of the organization of representative and executive bodies of state authority fixed by federal law.

2.         Within the limits of jurisdiction of the Russian Federation and the powers of the Russian Federation on the issue under the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation the federal bodies of executive authority and the bodies of executive authority of the subjects of the Russian Federation shall make up a single system of executive power of the Russian Federation.

Article 78 

1.         The federal bodies of executive power in order to exercise their powers may create their own territorial organs and appoint corresponding officials.

2.         The federal bodies of executive power by agreement with the bodies of executive power of the subjects of the Russian Federation may transfer to them the fulfillment of a part of their powers, if it does not contradict the Constitution of the Russian Federation and the federal laws.

3.         The bodies of executive power of the subjects of the Russian Federation by agreement with the federal bodies of executive authority may transfer to them the fulfillment of a part of their powers.

4.         The President of the Russian Federation and the Government of the Russian Federation shall ensure, according to the Constitution of the Russian Federation, the implementation of the powers of the federal state authority in the whole territory of the Russian Federation.

Article 79 

The Russian Federation may participate in interstate associations and transfer to them part of its powers according to international treaties and agreements, if this does not involve the limitation of the rights and freedoms of man and citizen and does not contradict the principles of the constitutional system of the Russian Federation.

Chapter 4.  The President of the Russian Federation

Article 80 

1.         The President of the Russian Federation shall be the head of the State.

2.         The President of the Russian Federation shall be guarantor of the Constitution of the Russian Federation, of the rights and freedoms of man and citizen. According to the rules fixed by the Constitution of the Russian Federation, he shall adopt measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensure coordinated functioning and interaction of all the bodies of state power.

3.         According to the Constitution of the Russian Federation and the federal laws the President of the Russian Federation shall determine the guidelines of the internal and foreign policies of the State.

4.         As the head of the State the President of the Russian Federation represent the Russian Federation within the country and in international relations.

Article 81

1.         The President of the Russian Federation shall be elected for four years by citizens of the Russian Federation on the basis of universal, equal, direct suffrage by secret ballot.

2.         Any citizen of the Russian Federation not younger than 35 years of age and with a permanent residence record in the Russian Federation of not less than 10 years may be elected President of the Russian Federation.

3.         One and the same person may not be elected President of the Russian Federation for more than two terms running.

4.   The rules of electing the President of the Russian Federation shall determined by the federal law.

Article 82 

1. When taking office the President of the Russian Federation shall take the following oath of loyalty to the people:

“I swear in exercising the powers of the President of the Russian Federation to respect and safeguard the rights and freedoms of man and citizen, to observe and protect the Constitution of the Russian Federation, to protect the sovereignty and independence, security and integrity of the State, to faithfully serve the people”.

2.         The oath shall be taken in a solemn atmosphere in the presence of members of the Council of the Federation, deputies of the State Duma and judges of the Constitution Court of the Russian Federation.

Article 83 

The President of the Russian Federation shall:

a.                   appoint by agreement with the State Duma the Chairman of the Government of the Russian Federation;

b.                  have the right to chair meetings of the Government of the Russian Federation;

c.                   adopt decision on the registration of the Government of the Russian Federation;

d.                  present to the State Duma a candidate for the appointment to the post of the Chairman of the Central Bank of the Russian Federation, raise before the State Duma the issue of dismissing the Chairman of the Central Bank of the Russian Federation;

e.                   on the proposal by the Chairman of the Government of the Russian Federation appoint and dismiss deputy chairmen of the Government of the Russian Federation and federal ministers;

f.                    present to the Council of the Federation candidates for appointment as judges of the Constitution Court of the Russian Federation, the Supreme Court of the Russian Federation, the Higher Court of Arbitration of the Russian Federation, as well as a candidate for the post of the Procurator-General of the Russian Federation; appoint judges of other federal courts;

g.                   form and head the Security Council of the Russian Federation, the status of which is determined by the federal law;

h.                   approve the military doctrine of the Russian Federation;

i.                     form the Administration of the President of the Russian Federation;

j.                    appoint and dismiss plenipotentiary representatives of the President of the Russian Federation;

k.                  appoint and dismiss the supreme command of the Armed Forces of the Russian Federation;

l.                     after consultations with corresponding committees and commissions of the chambers of the Federal Assembly appoint and recall diplomatic representatives of the Russian Federation in foreign States and international organizations.

Article 84

The President of the Russian Federation shall:

a.                   announce elections to the State Duma according to the Constitution of the Russian Federation and the federal law;

b.                  dissolve the State Duma in cases and according to the rules fixed by the Constitution of the Russian Federation;

c.                   announce a referendum according to the rules fixed by the federal constitutional law;

d.                  submit bills to the State Duma;

e.                   sign and make public the federal laws;

f.                    address the Federal Assembly with annual messages on the situation in the country, on the guidelines of the internal and foreign policy of the State.

 Article 85 

1.         The President of the Russian Federation may use conciliatory procedures to solve disputes between the bodies of state authority of the Russian Federation and bodies of state authority of the subjects of the Russian Federation, as well as between bodies of state authority of the subjects of the Russian Federation. In case no agreed decision is reached, he shall have the right to submit the dispute for the consideration of a corresponding court.

2.         The President of the Russian Federation shall have the right to suspend acts of the Bodies of executive power of the subjects of the Russian Federation in case these acts contradict the Constitution of the Russian Federation and the federal laws, international commitments of the Russian Federation or violate the rights and freedoms of man and citizen until the issue is solved by a corresponding court.

Article 86

The President of the Russian Federation shall:

a.                   govern the foreign policy of the Russian Federation;

b.                  hold negotiations and sign international treaties and agreements of the Russian Federation;

c.                   sign ratification instruments;

d.                  received credentials and letters of recall of diplomatic representatives accredited to him.

Article 87 

1.         The President of the Russian Federation shall be the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.

2.         In case of an aggression against the Russian Federation or of a direct threat of aggression the President of the Russian Federation shall introduce in the territory of the Russian Federation or in its certain parts a martial law and immediately inform the Council of the Federation and the State Duma about this.

3.         The regime of the martial law shall be defined by the federal constitutional law.

Article 88 

The President of the Russian Federation, in circumstances and according to the rules envisaged by the federal constitutional law, shall introduce a state of emergency in the territory of the Russian Federation or in its certain parts and immediately inform the Council of the Federation and the State Duma about this.

Article 89 

The President of the Russian Federation shall: 

a.                   solve the issues of citizenship of the Russian Federation and of granting political asylum;

b.                  decorate with state awards of the Russian Federation, award honourary titles of the Russian Federation, higher military and higher special ranks;

c.                   decide on pardoning.

Article 90 

1.         The President of the Russian Federation shall issue decrees and orders.

2.         The decrees and orders of the President of the Russian Federation shall be obligatory for fulfillment in the whole territory of the Russian Federation.

3.         Decrees and orders of the President of the Russian Federation shall not run counter to the Constitution of the Russian Federation and the federal laws.

Article 91 

The President of the Russian Federation shall possess immunity.  

Article 92 

1.         The President of the Russian Federation shall take up his powers since the moment of taking the oath of loyalty and cease to fulfil them with the expiration of the term of office and from the moment a newly-elected president is sworn in.

2.         The President of the Russian Federation shall cease to exercise his powers short of the term in case of his resignation, stable inability because of health reasons to exercise the powers vested in him or in case of impeachment. In this case the election of the President of the Russian Federation shall take place not later than three months since the termination of the powers short of the term.

3.         In all cases when the President of the Russian Federation is incapable of fulfilling his duties, they shall temporarily fulfilled by the Chairman of the Government of the Russian Federation. The Acting President of the Russian Federation shall have no right to dissolve the State Duma, appoint a referendum, and also provisions of the Constitution of the Russian Federation.

Article 93 

1.      The President of the Russian Federation may be impeached by the Council of the Federation only on the basis of the charges of high treason or another grave crime, advanced by the State Duma and confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of the elements of crime in the actions of the President of the Russian Federation and by the conclusion of the Constitution Court of the Russian Federation confirming that the rules of advancing the charges were observed.

2.      The decision of the State Duma on advancing charges and the decision of the Council of the Federation on impeaching the President shall be adopted by two thirds of the votes of the total number of members of each chamber and on the initiative of not less than one third of the deputies of the State Duma and with the conclusion of a special commission set up by the State Duma.

3.      The decision of the Council of the Federation on impeaching the President of the Russian Federation shall be adopted not later than three months after the State Duma advanced the charges against the President. If a decision of the Council of the Federation is not adopted during this time, the charges against the President shall be regarded as rejected.

Chapter 8.  Local self-Government

Article 130 

1.         Local self-government in the Russian Federation shall ensure the independent solution by the population of the issues of local importance, of possession, use and disposal of municipal property.

2.         Local self-government shall be exercised by citizens through a referendum, election, other forms of direct expression of the will of the people, through elected and other bodies of local self-government.

Article 131 

1.         Local self-government shall be administered in urban and rural settlements and in other areas with the consideration of the historical and other local traditions. The structure of local self-government bodies shall be determined by the population independently.

2.         Changes in borders of the areas in which local self-government is administered shall be made with the consideration of the opinion of the population of the corresponding areas.

Article 132 

1.         The local self-government bodies shall independently manage municipal property, form, adopt and implement the local budgets, introduce local taxes and dues, ensure the protection of public order, and also solve other issues of local importance.

2.         The local self-government bodies may be vested by law with certain state powers and receive the necessary material and financial resources for their implementation. The implementation of the delegated powers shall be controlled by the State.

Article 133 

Local self-government in the Russian Federation shall be guaranteed by the right for judicial protection, for a compensation for additional expenses emerging as a result of decisions adopted by state authority bodies, by a ban on the limitations on the rights of local self-government fixed by the Constitution of the Russian Federation and the federal laws.

APPENDIX C: 

RUSSIAN PARLIAMENTARY ELECTION RESULTS, 1993–1999

1999

2000(a)

2001(a)

4,767

7,302

9,041

93.6

259.6

310.0

5.4

9.0

5.0

85.7

20.8

21.6

146.0

145.2

144.5

75,666

105,565

103,042

-39,537

-44,862

-53,390

24,731

46,317

34,236(c)

8,457

24,264

32,542

173.9

161.4(c)

155.7(c)

13.0

10.9(c)

15.6(c)

24.62

28.13

29.17

1997

1998

2,522

2,741

436.0

282.4

0.9

-4.9

14.6

27.7

% of total

Agriculture

7.2

Industry

38.6

Services

54.2

Total

100.0

1997

1998

1999

2000

2001(a)

93.3

102.5

127.1

173.0

209.3

50.1

41.8

30.8

31.8

39.0

-3.0

-1.9

-0.2

5.9

9.1(b)

15.9

10.6

22.7

28.2

12.0(b)

50.9

50.5

50.1

49.6

49.3

15,418

13,699

13,189

15,722

17,091(b)

-19,623

-16,283

-12,945

-14,943

-16,893(b)

-1,335

-1,296

1,658

1,481

1,402(b)

2,341.1

761.3

1,046.4

1,352.7

2,955.4(b)

11.1

13.1

14.1

12.5(a)

11.7

6.6

11.4

16.3

16.0(a)

8.5

1.86

2.45

4.13

5.44

5.37(b)

Non-precious metals                

41.3

Fuel & energy, including ores

42.6

Machinery and Equipment

13.9

Machinery and equipment

19.8

Food, beverages and agricultural products

11.2

Chemicals

7.1

Chemicals

9.1

Food, beverages and agricultural products

7.1

 

(a)                EIU estimates.
(b)               Actual.

Main destinations of exports, 2001

% of total

Main origins of imports, 2001

% of total

Russia

22.6

Russia

36.9

Turkey

6.2

Turkmenistan

10.5

Italy

5.1

Germany

8.7

Germany

4.4

Kazakhstan

4.2