Commentary on the Constitution of the Russian federation

The Constitution of the Russian Federation has passed parliament on December 12th , 1993 and has come into force on December 25th , 1993. Since then it is the topic of an intense individual research of the German speaking science in Eastern European Law. Notwithstanding a complete description is missing. The submitted project wants to fill this gap. In the centre should stand the complete evaluation of the jurisdiction of the Russian Constitutional Court. Every article of the Russian Constitution should be analysed at approximately 5 - 15 pages; the respectively length of work is given in detail to the authors. Each commentary should start with the print of the respective article in German translation (and bold types) then followed by an index of literature divided into Russian literature on the one side and German/English literature on the other side. Then follows the commentary on the respective article beginning with more general questions progressing to specialized questions. The manual to be developed is a team work in which almost all important representatives of the German speaking Science of Eastern European Law will participate. Almost thirty authors from Germany, Austria and Sweden will take part. The participation of scientists from the Anglo-American area was waived on the one hand, for in this legal circuit there does not exist any scientific tradition in commentaries on laws and constitutions. On the other hand could a sufficient large circle of contributors be won that should guarantee a speedy completion of the work. For comparable reasons also no Russian speaking scientists have been involved. Another reason is, that Russian commentaries on the Constitution practically don`t take into account scientific literature. Also a systematic approach to the jurisdiction cannot be found in Russian commentaries and also scientific criticism on the decisions is not done. In these points the presented project on the commentary is breaking completely new ground in a scientific way. On the other hand it is to be expected that due to the results of the project of this commentary a very intensive scientific exchange with Russian colleagues will start. Even if the commentary should become a juridical work it is self-understanding that from this will go out important incentives for other scientific disciplines. So for example the political science will not do without it as also the general theory of the state, the historical science, the sociology but also (with regard to the very complex terminological questions) the linguistics. Further the importance of such a not yet existing work for the journalism and the contemporary history is to be mentioned. Especially the introduction should be a standard literature for students of these fields, being interested in the developments in Russia.

The Constitution of the Russian Federation has passed parliament on December 12th, 1993 and has come into force on December 25th, 1993. Since then it is the topic of an intense individual research of the German speaking science in Eastern European Law. Notwithstanding a complete description is missing. The present manual fills this gap.The manual understands itself as a commentary to the single provisions of the Russian Constitution from 1993. The title is going back to the manual of the Soviet Constitution that was edited in two volumes by Martin Fincke in 1983. In those days it was the standard work to the Soviet Constitution from 1977.Should it also stand in the tradition of this work (and also of the manual of the Soviet Constitution, that was created by Reinhart Maurach 1955 as a singular work), is the revision certainly a modern one. Every article of the Russian Constitution is analysed at approximately 5 15 pages. In the centre stands the complete evaluation of the jurisdiction of the Russian Constitutional Court. The relevant jurisdiction is not only referred but also be questioned from an authors view in a critical dogmatic way. Besides the jurisdiction the entire relevant literature as well the Russian as also the German and English edited publications are utilized and worked in. Controversies about the most relevant questions of interpretation are raised, for in the literature not yet worked out questions of fundamental importance are presented independent ways of solution. In so far a complex encyclopaedically approach is followed.