Russian Federation
Constitution of the Russian Federation
| Year of current version: | 2008 |
|---|---|
| Date of entry into force of original text: | December 25, 1993 |
| Date of Text (Adopted): | December 12, 1993 |
| Type of Text: | Constitution / Basic Law |
| Subject Matter: | Copyright and Related Rights (Neighboring Rights), Industrial Property, Other |
| Notes: | |
| Available Texts: | |
| English | |
| Russian | |
| WIPO Lex No.: | RU003 |
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The Constitution provides for a separation of powers among the legislative, executive and judicial branches (Article 10). The legislative power is vested in the Parliament (the Federal Assembly), consisting of two chambers: the Council of the Federation and the State Duma (Articles 94 & 95). The executive power is exercised by the Government of the Russian Federation, which comprises the Chairman of the Government of the Russian Federation, Deputy Chairman of the Government of Russia and federal ministers (Article 110). The judicial power is vested in the Constitutional Court, civil, administrative, and criminal courts (Article 118). The Constitutional Court interprets the Constitution (Article 125 (5)) and adjudicates on the conformity of laws and international treaties with the Constitution of the Russian Federation (Article 125(2)).
The Russian legal system is based on the civil law tradition. The sources of law of the Russian Federation include:
-Constitution of the Russian Federation (Article 15)
-Treaties and International Agreements (Article 15(4))
-Federal Laws adopted by the State Duma (Article 105)
-Federal Constitutional Laws adopted by both the Council of the Federation and the State Duma (Article 108)
-Presidential Decrees and Orders (Article 90)
-Decrees, Orders and Decisions of the Government of the Russian Federation (Article 115)
The Constitution recognizes the protection of intellectual property. Article 44(1) states that everyone shall be guaranteed the freedom of literary, artistic, scientific, technical and other kinds of creativity and teaching; and the intellectual property shall be protected by law. Furthermore, Article 71(n) gives the federal government the power to make laws relating to intellectual property.