Paul
Goble
Staunton, February 6 – Vladimir
Putin has given Russia “a hybrid war, a hybrid state, and hybrid democracy,”
Vladimir Pastukhov says, and now he has presented the country with “hybrid
amendments to the constitution,” hybrid in the sense that they touch basic
principles that require a Constitutional Assembly but that he wants to treat as
if they don’t.
“In essential ways,” the
London-based Russian analyst says, “these amendments touch the founding
principles of the Constitution, the principle of the priority of human rights
and the principle of direct recognition of the norms of international law and
generally-recognized principles of international law” (echo.msk.ru/programs/personalnovash/2582222-echo/).
The changes Putin wants to insert in
the basic law “make a colossal step backward from these principles which were
declared in 1993.” Instead, if they are adopted, they will move the country
backward either to communist principles or to those of corporate states in
Western Europe in the 1930s.
That means these proposed amendments
are fundamental because they represent a departure from the liberal principles
of the existing text, Pastukhov says; and it also means that Russia needs to
approve them as the constitution specifies by the convention of a
Constitutional Assembly.
But by proceeding in this hybrid way, Putin
wants to “mask” this fact and thus people are talking about adopting them
either as if they are not fundamental rather than adopting a federal law on a
Constitutional Assembly, a step the country’s leaders have failed to do over
the last 25 years.
The Kremlin leader understands this
dilemma and wants to “find a third path,” and hence there is talk about a
plebiscite even though that doesn’t exist in Russian law. To be sure, the word “plebiscite”
fits the situation: “the plebs are called upon to vote for some decision proposed
by the boyars, the essence and meaning of which the plebs need not understand.”
What all this resembles most of all,
of course, are the “all-people discussions” in Soviet times when everyone
understood that whatever was said, the party program would be adopted. And they
understood it as “one of the forms of mobilization of mass consciousness” like
something out of Orwell.
The 1993 Constitution contained many
provisions which required specification by means of the adoption of a federal
law. Such laws were in fact adopted for all of these, save one – a law about a
Constitutional Assembly. As a result,
Pastukhov says, that body is to this day “one of the most mysterious pages of
the constitutional history of post-communist Russia.”
Such a law needs to be adopted if
the country is to approve what are fundamental changes in the basic law. The
Kremlin wants to act as if it isn’t changing enough to require that, but a law
needs to be written to define how amendments that many can see touch
fundamental issues could be considered and either approved or rejected.
Once such a law is in place,
Pastukhov says, everything will be clear: for minor changes, the Federal
Assembly can pass a law to be ratified by regional assemblies; for fundamental
ones, the country must have a Constitutional Assembly. There is no third path
despite what some say about a plebiscite.
It is long past time to recognize
this issue as being at the center of current debates. Everything else is indeed
secondary, the London-based scholar concludes.
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