City of Moscow

July 31, 1995

 

The Constitutional Court of the Russian Federation, consisting of Chairman V.A. Tumanov, judges E.M. Ametistov, M.V. Baglai, N.V. Vitruk, G.A. Gadzhiev, Yu.M. Danilov, V.D. Zorkin, A.L. Kononov, V.O. Luchin, T.G. Morshchakova, V.I. Oleinik, Yu.D. Rudkin, N.V. Selezvnyov, V.G. Strekozov, O.I. Tiunov, O.S. Khokhryakova, and B.S. Yaroslavtsev,

with the participation of representatives of the Federation Council of the Federal Assembly of the Russian Federation I.M. Kostoyev, Ye.B. Mizulina and G.S. Yakovlev; representatives of a group of deputies of the State Duma of the Federal Assembly of the Russian Federation G.Yu. Karelin, Yu.Kh. Kalmykov and A.I. Lukyanov; representatives of the President of the Russian Federation and the Government of the Russian Federation Yu.M. Baturin, O.Ye. Kutafin and S.M. Shakrai,

taking guidance from Article 125 (clause "a" of part 2) of the Constitution of the Russian Federation, clause "a" of clause 1 of part one of Article 3, part one of Article 21, parts one, two and three of Article 74 and Article 86 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation,

has considered in an open session the case testing the constitutionality of Edict of the President of the Russian Federation No.  2137 of November 30, 1994 On Measures to Reinstate Constitutional Rule of Law and Legal Order in the Territory of the Chechen Republic, Edict of the President of the Russian Federation No. 2166 of December 9, 1994 On Measures to Suppress the Activity of Unlawful Armed Formations in the Territory of the Chechen Republic and in the Zone of the Ossetia-Ingushetia Conflict, Decree of the Government of the Russian Federation No. 1360 of December 9, 1994 On Ensuring State Security and the Territorial Integrity of the Russian Federation, Rule of Law, the Rights and Liberties of Citizens, and Disarming of Unlawful Armed Formations in the Territory of the Chechen Republic and Neighboring Regions of the North Caucasus, and Edict of the President of the Russian Federation No. 1833 of November 2, 1993 On the Fundamental Provisions of the Military Doctrine of the Russian Federation.

The impetuses for the consideration of the case, pursuant to part one of Article 36 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation were the following: a request from a group of deputies of the State Duma of the Federation Council of the Russian Federation to test the constitutionality of Edict of the President of the Russian Federation No. 1833 of November 2, 1993 On the Fundamental Provisions of the Military Doctrine of the Russian Federation with respect to use of the Armed Forces of the Russian Federation in resolving internal conflicts, and Decree of the Government of the Russian Federation No. 1360 of December 9, 1994 On Ensuring State Security and the Territorial Integrity of the Russian Federation, Rule of Law, the Rights and Liberties of Citizens, and Disarming of Unlawful Armed Formations in the Territory of the Chechen Republic and Neighboring Regions of the North Caucasus; a request from the Federation Council of the Federal Assembly of the Russian Federation to test the constitutionality of Edicts of the President of the Russian Federation No. 2137 of November 30, 1994 On Measures to Reinstate Constitutional Rule of Law and Legal Order in the Territory of the Chechen Republic No. 2166 of December 9, 1994 On Measures to Suppress the Activity of Unlawful Armed Formations in the Territory of the Chechen Republic and in the Zone of the Ossetia-Ingushetia Conflict, and Decree of the Government of the Russian Federation No. 1360 of December 9, 1994 On Ensuring State Security and the Territorial Integrity of the Russian Federation, Rule of Law, the Rights and Liberties of Citizens, and Disarming of Unlawful Armed Formations in the Territory of the Chechen Republic and Neighboring Regions of the North Caucasus; as well as a request from a group of members of the Federation Council of the Federal Assembly of the Russian Federation with analogous content.  By a ruling of the Constitutional Court of the Russian Federation, in accordance with Article 48 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation, the cases on those requests, since they concern one and the same subject, have been combined into one.

The ground for the consideration of the case, pursuant to part two of Article 36 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation was the discovered uncertainty in the question whether or not the acts specified in the requests conform to the Constitution of the Russian Federation.

Having heard the report of reporting judges M.V. Baglai and O.I. Tiunov, the arguments of the parties, statements by experts and specialists, and having studied the materials presented, the Constitutional Court of the Russian Federation

established:

1. That the Federation Council of the Federal Assembly of the Russian Federation in substantiating its claims refers to the fact that the Edicts of the President of the Russian Federation No. 2137 of November 30, 1994 and No. 2166 of December 9, 1994 and Decree of the Government of the Russian Federation No. 1360 of December 9, 1994 disputed by them constituted a unified system of normative legal acts and led to the unlawful use of the Armed Forces of the Russian Federation, since their use in the territory of the Russian Federation, as well as the other measures and actions prescribed in the Edicts of the President of the Russian Federation and the Decree of the Government of the Russian Federation are legally possible only in the framework of a state of emergency or marshal law.  In the request it is emphasized that the measures led to unlawful limitations and mass violations of the constitutional rights and liberties of Russian citizens.

The group of deputies of the State Duma of the Federal Assembly of the Russian Federation in its request disputes the constitutionality of Edict of the President of the Russian Federation No. 1833 of November 2, 1993 with respect to use of the Armed Forces of the Russian Federation in resolving internal conflicts, and Decree of the Government of the Russian Federation No. 1360 of December 9, 1994.  In their opinion, the implementation by the Armed Forces of the Russian Federation of those acts in the territory of the Chechen Republic, which caused significant casualties among the civil population, contravenes Article 15 of the Constitution of the Russian Federation and international obligations undertaken by the Russian Federation.

2. That in the period from 1991 to 1994 an extraordinary situation took shape in the Chechen Republic, a constituent entity of the Russian Federation: the effect of the Constitution of the Russian Federation and federal laws was rejected, the system of lawful bodies of authority was destroyed, unlawful regular armed formations were created which were equipped with the latest military equipment, and mass violations of civil rights and liberties occurred.
In the fall of 1991 the lawfully elected Supreme Soviet of the Republic was dissolved.  The new elections to the supreme body of state authority and elections of the President of the Republic conducted on October 27, 1991 were declared unlawful on November 2, 1991 by the Fifth Congress of People's Deputies of the RSFSR, and the acts adopted thereby – not subject to implementation.  An assessment of these events as anti-constitutional and as having grave consequences was given in the Address of the Seventh Congress of People's Deputies of the Russian Federation of December 10, 1992 to the people and bodies of authority and administration of the Chechen Republic, and in other documents from the federal authorities.  Decisions of the Congress were confirmed by the State Duma of the Federal Assembly of the Russian Federation on December 23, 1994 in a Statement in connection with a resolution on the state in the Chechen Republic, adopted by the Parliament of Europe.  The Statement refers to the fact that no free elections or referendum was held in the Chechen Republic, and lawful bodies of authorities were not formed.

Subsequently the internal political situation in the Chechen Republic continued to worsen.  In the fall of 1994 in its territory there were armed conflicts between warring groups, which threatened to escalate into a civil war.

This extraordinary situation is historically connected with the fact that during the period of Stalin's repression the Chechen people was subjected to mass deportation, the rectification of the consequences of which has been insufficiently effective.  The state authorities - first of the USSR, then of Russia - were unable to assess correctly the just outrage of the Chechens, the events that had come to a head and the forces moving them.  Federal bodies of authority of the Russian Federation reduced law enforcement activity in the Chechen Republic, did not provide protection for state stores of weapons in its territory, and over the course of several years displayed passivity in solving the problems of relations with that republic as a constituent entity of the Russian Federation.

The Constitution of the Russian Federation, like the previously effective Constitution of 1978, does not envisage the possibility of the unilateral decision of the question of changing the status of a constituent entity of the Russian Federation or concerning its withdrawal from the composition of the Russian Federation.  Pursuant to Article 66 (part 5) of the Constitution of the Russian Federation the status of a constituent entity of the Russian Federation may be changed with the mutual agreement of the Russian Federation and the constituent entity of the Russian Federation in accordance with federal constitutional law.

The integrity of the state is one of the foundations of the constitutional order of the Russian Federation.  It is enshrined in Articles 4 (part 3), 5 (part 3), 8, 65, 67 (part 1) and 71 (clause "b") of the Constitution of the Russian Federation.  The integrity of the sate is an important condition for the equal legal status of all citizens, regardless of their place of residence, and one of the guarantees of their constitutional rights and liberties.

The constitutional goal of preserving the integrity of the Russian state is in accord with generally recognized international norms concerning the right of a people to self-determination.  From the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations, it follows that the exercise of the right to self-determination must not "be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self-determination of peoples".

With account taken of this, the federal authorities (the President, Government and Federal Assembly) have made numerous attempts to resolve the crisis which has arisen in the Chechen Republic.  However they have not led to a peaceful political solution.

The Edicts of the President of the Russian Federation No. 2137 of November 30, 1994 and No. 2166 of December 9, 1994 and Decree of the Government of the Russian Federation No. 1360 of December 9, 1994, which are disputed by the Federation Council, prescribed the application of measures of state force in order to ensure state security and the territorial integrity of the Russian Federation, and the disarming of unlawful armed formations in the territory of the Chechen Republic.

In accordance with part two of Article 3 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation the Constitutional Court of the Russian Federation is not considering in this case the question of the political advisability of the decisions taken, nor on the effectiveness of measures implemented on the basis thereof.

3. That Edict of the President of the Russian Federation No. 2137 of November 30, 1994 On Measures to Reinstate Constitutional Rule of Law and Legal Order in the Territory of the Chechen Republic established a time for the start of a number of measures to reinstate constitutional rule of law and legal order in the Chechen Republic (starting at 6:00 on December 1, 1994), prescribed the creation of a group to lead the actions to disarm and liquidate the armed formations and introduce in the territory of the republic a state of emergency, and determined the mechanism for coordinating the activity of federal bodies of executive authority and forces to ensure security during the implementation of those measures.  However the planned measures were not conducted at the specified time, and the composition of the group and its authorities were subsequently changed.

Edict of the President of the Russian Federation No. 2137 of November 30, 1994 was declared to have lost force by Edict of the President of the Russian Federation No. 2169 of December 11, 1994 On Measures to Ensure Rule of Law, Legal Order and Public Security in the Territory of the Chechen Republic (clause 5) in connection with the inability to introduce in the territory of the Chechen Republic a state of emergency, the regime for which is defined in the Law of the RSFSR of May 17, 1991 On States of Emergency.  The aforementioned Law, based on its content, is not intended for extraordinary situations such as the one which has occurred in the Chechen Republic, where federal authorities are opposed by forces backed by unlawfully formed regular military formations equipped with the latest military equipment.

During period from the time of the issue and until the revocation of Edict No. 2137 of November 30, 1994 the measures envisaged in it which could have affected the constitutional rights and liberties of citizens were not implemented, and therefore the effect of that Edict did not lead to their limitation or violation.  With account taken of the foregoing, the Constitutional Court believes that in respect of that Edict part two Article 43 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation is applicable, pursuant to which the proceedings begun by the Constitutional Court of the Russian Federation may be terminated if as of the beginning or during the period of consideration of a case the act whose constitutionality is disputed was revoked or lost force and its effect did not violate the rights and liberties of citizens.

4. That Edict of the President of the Russian Federation No. 2166 of December 9, 1994 On Measures to Suppress the Activity of Unlawful Armed Formations in the Territory of the Chechen Republic and in the Zone of the Ossetia-Ingushetia Conflict instructed the Government of the Russian Federation, exercising its authorities in accordance with clauses "e" and "f" of part 1 of Article 114 of the Constitution of the Russian Federation, to use all resources available to the state to ensure state security, rule of law, the rights and liberties of citizens, the protection of public order, combating crime, and the disarming of all unlawful armed formations.

That Edict was addressed to the Government of the Russian Federation and by virtue of Article 90 (part 2) of the Constitution of the Russian Federation was binding for execution.  In accordance with it the Government was, within the bounds of its constitutional authorities, to eliminate the violations which had occurred in the Chechen Republic of Article 13 (part 5) of the Constitution of the Russian Federation, which prohibit the activity of public associations whose actions are directed towards forcefully changing the foundation of the constitutional order, violation of the integrity of the Russian Federation, undermining security, as well as the formation of armed formations.  The Edict did not grant the Government any authorities not granted by the Constitution of the Russian Federation.

The request from the Federation Council disputes the authority of the President of the Russian Federation to instruct the Government to take special measures, including the use of the Armed Forces, for the protection in accordance with Articles 80 and 82 of the Constitution of the Russian Federation of the foundations of the constitutional order, sovereignty and the integrity of the state, since the use of the Armed Forces of the Russian Federation in its territory under extraordinary circumstances is permitted only under the framework of a state of emergency or marshal law authorized by the Federation Council.  However from the Constitution of the Russian Federation it does not follow that ensuring the integrity of the state and the constitutional order in extraordinary situations may be carried out exclusively by way of introducing a state of emergency or marshal law.

Articles 71 (clause "l"), 78 (part 4), 80 (part 2), 82, 87 (part 1) and 90 (part 3) were the constitutional basis for Edict of the President of the Russian Federation No. 2166 of December 9, 1994.  From these norms it follows that the President must take measures to protect the sovereignty of the Russian Federation, its independence, security and the integrity of the state.  The President and the Government of the Russian Federation ensure the exercise of the authorities of federal state power throughout the entire territory of the Russian Federation, including in such sphere of the federation's jurisdiction as defense and security.

The Constitution of the Russian Federation establishes, at the same time, that the President of the Russian Federation shall act in accordance with the procedure established by the Constitution.  For cases where that procedure is not detailed, as well as in respect of the authorities not enumerated in Articles 83-89 of the Constitution of the Russian Federation, their general frameworks are determined by the principle of the division of powers (Article 10 of the Constitution) and the requirement of Article 90 (part 3) of the Constitution, pursuant to which edicts and directives of the President of the Russian Federation must not contravene the Constitution and laws of the Russian Federation.  In addition, the exercise by the President of his competence "in accordance with the procedure established by the Constitution of the Russian Federation" also assumes his assignment to the Government of the Russian Federation, in accordance with clause "g" of part 1 of Article 114 of the Constitution of the Russian Federation, of tasks for the execution of edicts of the President.

In instructing the Government of the Russian Federation to use "all resources available to the state", the President at the same time, as is clear from the text of the Edict, assumed that the use of those resources would be limited by the authorities of the Government established in clauses "e" and "f" of part 1 of Article 114 of the Constitution of the Russian Federation, pursuant to which the Government of the Russian Federation, inter alia, shall carry out measures "to ensure state security" and "to ensure the rule of law, rights and liberties of citizens, protection of property and public order, and combating crime".  The reference of using "all resources available to the state" may not be interpreted as granting the Government the authority to act outside of the framework established for it by the Constitution of the Russian Federation and effective laws.

The preamble of Edict No. 2166 of December 9, 1994 justifiably refers to the prohibition contained in Article 13 (part 5) of the Constitution of the Russian Federation against activity directed towards violating the integrity of the Russian Federation, undermining the security of the state, the creation of armed formations, and inciting national and religious tension.

However the recognition of this activity as "outside the law" has no legal significance, since it distorts the text of the cited constitutional norm and has no grounds in effective legislation.

5. That, in accordance with the principles of state based on rule of law, as enshrined in the Constitution of the Russian Federation, bodies of authority in their activity are bound by both domestic and international law.  Generally recognized principles and norms of international law and international treaties are, pursuant to Article 15 (part 4) of the Constitution of the Russian Federation, an integral part of its legal system and must be scrupulously observed, including by taking account of them in domestic legislation.

The Supreme Soviet of the USSR, having ratified on August 4, 1989 the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), instructed the Council of Ministers of the USSR to prepare and present to the Supreme Soviet of the USSR a proposal on the introduction of corresponding amendments to legislation.  However this instruction was not executed.  Nonetheless the provisions of that Additional Protocol on the humane treatment of all persons not participating directly or who have ceased participating in military actions, on the wounded and sick, on protection of the civilian population, objects indispensable to the survival of the civilian population, on protection of works and installations containing dangerous forces, protection of cultural objects and of places of worship shall be subject to application by both parties of an armed conflict.

At the same time, the required account of those provisions in internal legislation served as one of the reasons for the failure to comply with the provisions of the Additional Protocol, pursuant to which the use of force must be proportionate with the objectives and all efforts must be made to avoid hard to the civilian population and their property.

6. At the time of the issue of Edict No. 2166 of December 9, 1994 legislative regulation permitted the use of the Armed Forces of the Russian Federation for the defense of the state not only from external threats, but also for the self-defense of the population, territory and sovereignty (Article 1 of the Law of the Russian Federation of September 24, 1992 On Defense) and for defense from international threats directed against person, society and the state, including its constitutional order, sovereignty and territorial integrity (Article 1 of the Law of the Russian Federation of March 5, 1992 On Security).

The President of the Russian Federation, being in accordance with Article 87 of the Constitution of the Russian Federation the Supreme Commander in Chief of the Armed Forces, carries out the overall direction of their use as forces for ensuring security, and also adopts operative decisions to ensure security within the limits of the competence defined by law (Article 11 of the Law of the Russian Federation On Security).  In this respect the Constitution of the Russian Federation and laws On Defense and On Security do not link the use of the Armed Forces only with the introduction of a state of emergency or marshal law.

Such position of the legislator is also confirmed by the activity of the State Duma in connection with the situation in the Chechen Republic and with the publication of Edict of the President of the Russian Federation No. 2166 of December 9, 1994.  In adopting a Resolution on December 23, 1994, the State Duma declared that the disarming of unlawful regular military formations created in that republic, which are equipped with tanks, rocket launchers, artillery systems and military aircraft, "without the use of the army would be impossible in principle".  Such situations are not covered in the grounds for the use of the Armed Forces during natural disasters and accidents, as envisaged in Law of the RSFSR of May 17, 1991 On States of Emergency (clause "b" of Article 4, part three of Article 21).

During the consideration of the case the parties repeatedly referred to the gaps, contradictions and outdated provisions in the legislation on ensuring defense and security.  In the Resolution of the State Duma of January 13, 1995 On Strengthening Russian Statehood and on Measures to Recover from the Crisis Which has Arisen in Connection with the Situation in the Chechen Republic also confirmed that the "legal basis for the use of the Armed Forces of the Russian Federation and other forces in ensuring the guarantees of the constitutional order is imperfect".  It was incumbent upon the legislator to correct this, which was not done in a timely manner.

Such a state of legislation substantially increases the significance of the direct application of constitutional norms.  The viewpoint defended by representatives of the Federation Council, that the authorities of the President of the Russian Federation may be exercised only in the presence of a corresponding law, represents a rejection of the principle of the direct effect of the Constitution, which is set forth in Article 15 (part 1) of the Constitution of the Russian Federation.

International agreements, in which the Russian Federation participates and which in accordance with Article 15 (part 4) of the Constitution of the Russian Federation are an integral part of its legal system, are based on the possibility of the use of Armed Forces for the protection of national unity and territorial integrity of the state.  In taking into account such situations, the international community sets forth in the Additional Protocol to the Geneva Conventions of August 12, 1949 (Protocol II) regulations relating to the protection of victims of non-international armed conflicts.

7. General provisions of the military doctrine of the Russian Federation, as adopted by Edict of the President of the Russian Federation No. 1833 of November 2, 1993 are an integral part of the conception of security of the Russian Federation and represent a system of officially adopted views on military issues, including on the question of the use of the Armed Forces and other forces for the protection of vital interests.  The document considers various scenarios for the appearance of military threats, appropriate behavior of the state and the use of its Armed Forces.

The Fundamental Provisions of the Military Doctrine of the Russian Federation do not contain normative instructions.  For this reason normative content is also absent in Edict of the President of the Russian Federation No. 1833 of November 2, 1993, the document which adopts them.  Thus, these documents are not in the category of acts which may be verified by the Constitutional Court of the Russian Federation for their conformity to the Constitution of the Russian Federation and, therefore, proceedings for their verification must be terminated on the basis of clause 1 of part one of Article 43 and Article 68 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation.

8. That Decree of the Government of the Russian Federation No. 1360 of December 9, 1994 On Ensuring State Security and the Territorial Integrity of the Russian Federation, Rule of Law, the Rights and Liberties of Citizens, and Disarming of Unlawful Armed Formations in the Territory of the Chechen Republic and Neighboring Regions of the North Caucasus envisages specific measures in execution of effective laws of the Russian Federation and Edict of the President of the Russian Federation No. 2166 of December 9, 1994, including those connected with restrictions of constitutional rights and liberties.  The majority of those measures based on their volume, content and conditions of application do not go beyond the limits of such restrictions as are possible and permissible in accordance with the Law of the RSFSR of April 18, 1991 On the Militia, Laws of the Russian Federation of September 24,  1992 On Internal Troops of the Ministry of Internal Affairs of the Russian Federation, of March 13, 1992 On Operative-Investigative Activity in the Russian Federation and other acts of the Russian Federation during the execution of the authorities assigned by the Government to the corresponding bodies "for the seizure of unlawfully stored weaponry, the location and detention of persons suspected of committing grave crimes" (clause 3 of the Decree) and, therefore, conform to Article 55 (part 3) of the Constitution of the Russian Federation.
At the same time the instruction in part 5 of paragraph 1 of clause 3 of the Decree on the "expulsion from the territory of the Chechen Republic of persons representing a threat to public security and personal security of citizens and not residing in the territory of that republic" may not be considered identical to the right of the militia established in clause 22 of Article 22 of the Law of the RSFSR On the Militia "not to permit citizens to certain areas of a locality or sites, to compel them to remain there or leave those areas or sites for the purposes of protecting the health, life and property of citizens and the conducting of investigate and search actions".

The instruction in part 5 of paragraph one of clause 3 of the Decree may also not rely upon the authorities of the internal troops, as established by clause "d" of part two of Article 23 of the Law of the Russian Federation On the Internal Forces of the Ministry of Internal Affairs of the Russian Federation, since these authorities, which coincide in their content with those envisaged in clause 22 of Article 11 of the Law of the RSFSR On the Militia, may be applied by the internal troops only under the conditions of the legal regime of a state of emergency.

Part 5 of paragraph one of clause 3 of the Decree in actuality restricts the right established by Article 27 (part 1) of the Constitution of the Russian Federation of every person who is lawfully located in the territory of the Russian Federation to move freely and choose a place of state and residence, which contravenes Article 55 (part 3) of the Constitution of the Russian Federation, which allows the establishment of restrictions of human and civil rights and liberties only by a federal law.

In paragraph two of clause 6 of the Decree under consideration the Temporary Information Center under the Russian Press Ministry is instructed to cancel accreditation of journalists working in the zone of the armed conflict, for the transmission of false information, or propaganda of national or religious enmity.

In accordance with part five of Article 48 of the Law of the Russian Federation of December 27, 1991 On the Mass Media, a journalist may only be stripped of accreditation if he or his editorial board violates the established regulations for accreditation or disseminates false information compromising the honor or dignity of the organization which accredited the journalist, which is confirmed by a court decision which has entered into lawful force.  Thus, paragraph two of clause 6 of the decree under consideration introduces new grounds and procedure for stripping journalists of accreditation which are not envisaged in law.  This contravenes Article 29 (parts 4 and 5), which enshrines the right to freedom of information, Article 46, which guarantees the defense of rights and liberties, and Article 55 (part 3) of the Constitution of the Russian Federation.

On the basis of the foregoing and taking guidance from part one of Article 71, Articles 72 and 87 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation, the Constitutional Court of the Russian Federation

hereby rules:

1. That, on the basis of Article 68 and part two of Article 43 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation, proceedings on the case with respect to the testing of the constitutionality of Edict of the President of the Russian Federation No. 2137 of November 30, 1994 On Measures to Reinstate Constitutional Rule of Law and Legal Order in the Territory of the Chechen Republic.

2. That it is hereby declared that Edict of the President of the Russian Federation On Measures to Suppress the Activity of Unlawful Armed Formations in the Territory of the Chechen Republic and in the Zone of the Ossetia-Ingushetia Conflict was adopted within the bounds of the constitutional powers of the President of the Russian Federation envisaged in Articles 71 (clause "l"), 78 (part 4), 80 (part 2), 82 (part 1), 87 (part 1), 90 (part 3) and 144 (clause "g" of part 1) of the Constitution of the Russian Federation, and conforms to the Constitution of the Russian Federation.

3. That the provisions contained in Decree of the Government of the Russian Federation No. 1360 of December 9, 1994 On Ensuring State Security and the Territorial Integrity of the Russian Federation, Rule of Law, the Rights and Liberties of Citizens, and Disarming of Unlawful Armed Formations in the Territory of the Chechen Republic and Neighboring Regions of the North Caucasus concerning the expulsion from the territory of the Chechen Republic of persons representing a threat to public security and personal security of citizens (part 5 of paragraph one of clause 3), as well as on canceling the accreditation of journalists working in the zone of the armed conflict (paragraph two of clause 6) are hereby declared not in conformity with the Constitution of the Russian Federation, its Articles 27 (part 1), 29 (parts 4 and 5), 55 (part 3) and 56.

4. That on the basis of Article 68 and clause 1 of part one of Article 43 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation proceedings on the case with respect to the testing of the constitutionality of Edict of the President of the Russian Federation No. 1833 of November 2, 1993 On the Fundamental Provisions of the Military Doctrine of the Russian Federation, as well as with respect to the testing of the constitutionality of the Fundamental Provisions of the Military Doctrine of the Russian Federation

5. That the testing of the specific actions of the parties during the course of the military conflict from the standpoint of compliance with the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), in accordance with Article 125 of the Constitution of the Russian Federation and parts one, two and three of Article 3 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation may not be a subject of consideration of the Constitutional Court of the Russian Federation and must be carried out by other competent bodies.

In accordance with Articles 52 and 53 of the Constitution of the Russian Federation and the International Covenant on Civil and Political Rights (clause 3 of Article 2), those who have suffered from any violations, crimes and abuses by authorities must be ensured an effective legal remedy and compensation of damages caused.

6. That it is incumbent upon the Federal Assembly of the Russian Federation to organize legislation on the use of the Armed Forces of the Russian Federation, as well as on the regulation of other questions arising under the conditions of extraordinary situations and conflicts, including those arising from the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II).

7. According to parts one and two of Article 79 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation this Ruling is final, is not subject to appeal, shall enter into force without delay after its promulgation and shall be effective directly.

8. According to Article 78 of the Federal Constitutional Law On the Constitutional Court of the Russian Federation, this Ruling shall be published in Sobraniye zakonodatelstva Rossiiskoi Federatsii, Rossiiskaya gazeta, other official publications of bodies of state authority of the Russian Federation, as well as in Vestnik Konstitutsionnogo Suda Rossiiskoi Federatsii.

Constitutional Court of the Russian Federation
No. 10-P
 

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Special Opinions (Dissents)
[translations in progress]

Special Opinion of E.M. Ametistov
Special Opinion of N.V. Vitruk
Special Opinion of G.A. Gadzhiev
Special Opinion of V.D. Zorkin
Special Opinion of A.L. Kononov
Special Opinion of V.O. Luchin
Special Opinion of T.G. Morshchakova
Special Opinion of B.S. Ebzeyev

Unofficial translation by John Fowler.

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