From: MSN NicknameEagle_wng  (Original Message)    Sent: 3/18/2006 12:27 AM
President Putin Eyes a Constitutional Role
By Sergei Shilov The Moscow News
Putin after 2008: a liberal emperor - chairman of the Constitutional Court
 
Russian: Место в строю. Путин после 2008-го

It is difficult to think of a more effective way of nurturing an independent judiciary and a real rule-of-law state than the installation of Vladimir Putin as chairman of the Russian Constitutional Court after 2008. This scenario is not in conflict with the president's remarks at a recent news conference (January 31, 2006) concerning his career when his presidential term expires and he steps down in keeping with the Constitution. As for the idea that Putin might head up a state-controlled monopoly, the president said in no uncertain terms: "Neither in character nor track record do I feel like a businessman." Indeed, judging both from his character and his track record, Putin is, above all, a lawyer.

It is not a matter of the president's professional abilities, but rather what has already been described as the "Putin resource": a politico-economic resource for Russia's institutional development.

Its effective utilization being no less important than the effective utilization of the Stabilization Fund or the funds provided for the implementation of priority national projects.

During Putin's two terms in office, a sound monetary framework has been instituted in Russia, which is crucial for the country's sustainable economic development, giving it a competitive edge. The task now is to upgrade the level of institutional determinism to real modernization of society, the state, and the economy.

A key element of institutionalization is the evolution of the judicial system as a fundamental structure in a state based on the rule of law. For the judiciary to evolve as a self-governing democratic system, it is vital to develop its core axial structure, namely, the Constitutional Court as a kind of a proto-intellect of the judiciary machine.

The evolution of the Constitutional Court as a locus of legal power, as a comprehensive system of monitoring legislative and law enforcement practices would mean the beginning of Russia's real institutional development.

The upcoming relocation of the Constitutional Court to St. Petersburg, which is increasingly reacquiring its stature as an imperial capital (cf., as a venue for G8 events), provides a strong impetus for an idea known as "liberal empire." Generally speaking, the term "liberal empire" is to a very large degree analogous to the term "self-moving cart." In other words, we are at a stage in modern Russian history similar to that stage in the history of technology when the automobile did not as yet emerge as a "mass techno-force."

A state based on monetarism is liberal, but it cannot become an empire (a competitive power) without an institutional dimension (an independent judiciary, free press, etc.). What Russia needs is an institutional production line, a basic mechanism for the production and productivity of law. As is known, in an empire, the force of law is wielded by the monarch (as an institution). In a constitutional democracy, in the face of unpredictable historical challenges, this role could be played by the Constitutional Court.

The Constitutional Court will become a fundamental institution, an embodiment of sovereign democracy. During his visit to the Netherlands in 2005, Vladimir Putin acknowledged that he was not indifferent to who would take charge of "the fate of the country to which I've devoted my entire life." And he made one revealing addition: "A new president assumes full power under the Constitution once he has been sworn in, but prior to this, it is the incumbent head of state who is fully responsible for the situation in the country. I will not allow any destabilization in Russia." Putin thus attempted to play the role of Constitutional Court chairman in the hypothetical situation of a systemic crisis, expanding the interpretation of his status as the guarantor of the Constitution.

The president told the same news conference that "with a developing economy, a burgeoning statehood, and strengthening federalism, we need a strong presidency. In this setup, the Prime Minister will apparently continue to play a purely technical role, but the system's legitimacy will also grow, which gives cause to count on the success of institutional reform conducted by a "technical" government (e.g., the purview and jurisdiction of government ministries, federal services and agencies).

The Constitutional Court as the core of Russia's institutional system will help ensure the sovereignty of Russian democracy in the process of modernization, when the president has fulfilled his task which he thus formulated in 2005: "ensuring that young, competent, and effective people come to govern the country."

The Constitutional Court should become an institutional basis for sovereign democracy. Herein apparently lies Putin's role as a lawyer or legal expert - first among equals - a role that he thoroughly deserved by converting his life's work into an important resource for Russia's development.

http://english.mn.ru/english/issue.php?2006-9-2