#10 - JRL 2007-242 - JRL Home
Moscow Times
November 22, 2007
Authors Warn About Constitution Games
By Nabi Abdullaev
Staff Writer
Several co-authors of the Constitution on Wednesday warned that using legal
loopholes to allow President Vladimir Putin to run for a third term would
threaten the legitimacy of the country's fundamental law.
With Putin required to leave office when his second term ends in May, his
supporters are increasingly calling for constitutional amendments and the
exploitation of legal loopholes to keep the presidency in his hands.
But Oleg Rumyantsev, who helped draft the Constitution from 1990 to 1993,
warned against "hastily" changing the country's supreme law to accommodate a
particular leader.
"It would be a blow to the constitutional order and to the legitimacy of the
Constitution itself," said Rumyantsev, who heads up the Foundation for
Constitutional Reforms, a nongovernmental association.
Rumyantsev was one of five co-authors of the Constitution who met with
journalists Wednesday to voice their concern over the possible undermining of
the law to keep Putin in power.
Federation Council Speaker Sergei Mironov, who on a seemingly daily basis
promotes various strategies for Putin to continue leading the country, gave his
stamp of approval Wednesday for a loophole in which Putin could resign from
office before his term ends and then run again in March.
This scenario would skirt a provision stating that the president cannot serve
two successive terms, as there would be an interim president -- the prime
minister -- between the time Putin steps down and a new election.
Vil Kikot, another author of the Constitution, said the clause on consecutive
presidential terms was included under the assumption that a president succeeding
a two-term leader would serve out an entire term, "not just a month."
This, however, was not established in the letter of the law, only in its
spirit, the authors regretfully conceded.
Stanislav Stanskikh, a legal expert with the Foundation for Constitutional
Reforms, said initial drafts of the Constitution stated only that a president
could serve a total of two terms. There was no mention of successive terms, he
said.
It was then President Boris Yeltsin's administration that demanded the
stipulation about consecutive terms that would allow a former president to
return to office, Stanskikh said.
The Constitution would actually allow Putin, should he become prime minister,
to assume most of the powers from the president without constitutional
amendments, said Rumyantsev and Mikhail Mityukov, another co-author.
Addressing suggestions from top political and public figures that Putin
retain power as a so-called national leader after his term ends, Rumyantsev said
such a role corresponds poorly with the Constitution, under which the president
is the country's sole leader.
"There are countries like Iran and, perhaps, Libya, where there are national
leaders who are above presidents," said another author, Viktor Sheinis. "But one
sees nothing like this in a democratic country."
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