Vlad's got fed up?
16/11/20 18:31![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
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talkpoliticsRussian MPs consider lifetime immunity for former presidents
Prosecuting former Russian presidents and members of their families will likely become virtually impossible in the near future, and the same applies to their detention, arrest, searches, interrogation, or any other such intervention by law enforcement. The above-mentioned bill was introduced in the Russian Duma earlier this month by two members of Putin's party.
Actually, a law that grants former presidents protection from judicial prosecution has been in place since 2001 in Russia. It makes them immune to penal and administrative responsibility, and stipulates a specific regime regulating potential lawsuits against them on heavier charges.
Right now, such lawsuits could be started by the chairperson of the Investigation Committee, but the new proposed bill would shift that prerogative over to the state Duma (parliament), the Federal Council (ie the government), the Supreme Court and the Constitutional Court. And this makes prosecution of former heads of state in Russia much more complicated, if not impossible, since it would require the consent of both the highest courts in the country.
What's truly disturbing is that the bill leaves too much room for ambiguity. A closer read shows that prosecuting former heads of state on charges of treason or other such severe transgressions would be the parliament's prerogative, and would require the approval of at least 1/3 of the MPs.
Then the procedure would have to be simultaneously approved by the two highest courts, and then the final decision would be up to the Federal Council. It's unclear who'd be carrying out the prosecution process, and it seems a lot of judicial functions would be transferred to the Duma, which is of course the legislative branch of power. This would potentially the balance of powers, and give too much weight to the parliament (which of course is dominated by Putin's party).
As of now, acting presidents in Russia, similarly to many other countries, are immune to prosecution on charges of actions they've taken during their term as president. But the new bill would expand this immunity beyond the end of their term.
Naturally, the biggest question is, why now. There are speculations that this is a sign of a preparation for the transfer of power, and Putin might be planning to step down soon - in fact, earlier than the end of his term (recent changes introduced by his party have granted him the right to stay until 2036, and nothing was to say this deadline couldn't be conveniently extended if need be).
If the new bill passes, the procedure for prosecuting former heads of state in Russia would become practically inapplicable. There's a rule of thumb that the transfer of power from incumbent to president-elect should be happening peacefully and without disturbance, which means the whole idea of prosecuting former presidents is basically moot, and the procedure would never really be used, even if it stays on paper.
But even if the transfer of power does not happen as smoothly, the examples from some of Russia's neighbours such as Kyrgyzstan, Armenia and Ukraine show that no special guarantees for limitless immunity are ever really 100% sure.
Prosecuting former Russian presidents and members of their families will likely become virtually impossible in the near future, and the same applies to their detention, arrest, searches, interrogation, or any other such intervention by law enforcement. The above-mentioned bill was introduced in the Russian Duma earlier this month by two members of Putin's party.
Actually, a law that grants former presidents protection from judicial prosecution has been in place since 2001 in Russia. It makes them immune to penal and administrative responsibility, and stipulates a specific regime regulating potential lawsuits against them on heavier charges.
Right now, such lawsuits could be started by the chairperson of the Investigation Committee, but the new proposed bill would shift that prerogative over to the state Duma (parliament), the Federal Council (ie the government), the Supreme Court and the Constitutional Court. And this makes prosecution of former heads of state in Russia much more complicated, if not impossible, since it would require the consent of both the highest courts in the country.
What's truly disturbing is that the bill leaves too much room for ambiguity. A closer read shows that prosecuting former heads of state on charges of treason or other such severe transgressions would be the parliament's prerogative, and would require the approval of at least 1/3 of the MPs.
Then the procedure would have to be simultaneously approved by the two highest courts, and then the final decision would be up to the Federal Council. It's unclear who'd be carrying out the prosecution process, and it seems a lot of judicial functions would be transferred to the Duma, which is of course the legislative branch of power. This would potentially the balance of powers, and give too much weight to the parliament (which of course is dominated by Putin's party).
As of now, acting presidents in Russia, similarly to many other countries, are immune to prosecution on charges of actions they've taken during their term as president. But the new bill would expand this immunity beyond the end of their term.
Naturally, the biggest question is, why now. There are speculations that this is a sign of a preparation for the transfer of power, and Putin might be planning to step down soon - in fact, earlier than the end of his term (recent changes introduced by his party have granted him the right to stay until 2036, and nothing was to say this deadline couldn't be conveniently extended if need be).
If the new bill passes, the procedure for prosecuting former heads of state in Russia would become practically inapplicable. There's a rule of thumb that the transfer of power from incumbent to president-elect should be happening peacefully and without disturbance, which means the whole idea of prosecuting former presidents is basically moot, and the procedure would never really be used, even if it stays on paper.
But even if the transfer of power does not happen as smoothly, the examples from some of Russia's neighbours such as Kyrgyzstan, Armenia and Ukraine show that no special guarantees for limitless immunity are ever really 100% sure.
(no subject)
Date: 16/11/20 16:35 (UTC)(no subject)
Date: 16/11/20 18:32 (UTC)(no subject)
Date: 16/11/20 16:53 (UTC)