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Fragility and Rule of Law in Russia

Rule of Law in RussiaThe rule of law is central to any functioning democracy, ensuring the exercise of power within legal limits. However, the rule of law in Russia has become fragile under the leadership of President Vladimir Putin. Since first taking office in 2000, he has consolidated power through the suppression of opposition, constitutional manipulation and influence over the judiciary and legislature, eroding the independence of legal institutions. As legal checks disappear, rising inequality and poverty become characteristic of the Russian state, with the burden falling on those with the least protection. This article explores how Russia’s legal system prioritizes loyalty over justice, reinforcing structural exclusion.

Separation of Powers in Russia

Russia is an authoritarian political system led by President Putin, who has remained among the highest authority ranks since his first election in May 2000. Throughout his years in government, he has reshaped the balance of power to secure his dominance and weaken institutional checks. In 2004, he announced a stage of recentralization, dismantling many regional powers and bringing political authority under tighter Kremlin control. According to the Carnegie Endowment for International Peace, this shift entrenched centralized, top-down governance rooted in loyalty to the president and dominated by Kremlin-aligned political parties. With control over the courts, most of the media and the legislative branch, the Kremlin continues to repress citizens’ rights domestically while adopting foreign policy decisions that defy international norms, further eroding the rule of law.

The emergence of informal mechanisms has allowed state ideology to shape legal interpretations and enforcement, with unofficial directives treated as binding by the political system. As government transparency declines, informal rules overshadow international law and constitutional provisions, weakening the principle of equality before the law. This undermines the impartiality needed to combat corruption, ensure fair resource distribution, or secure fundamental rights. The breakdown of judicial independence leaves marginalized groups without meaningful legal recourse and institutionalizes exclusion.

The Legislative Branch: The Duma and the Federation Council

Composed of the Duma (lower house) and the Federation Council (upper house), the Russian Federation’s legislative branch should be independent, but the President controls many of its decisions. The Duma confirms that the President nominates the Prime Minister and other state ministers and passes laws that the executive proposes.

Regional governments and parliaments select 85 of the 170 Federation Council members, while the president directly appoints 30. Notably, the president has considerable influence over regional governors through recentralization. The president nominates governors instead of allowing public elections, and regional legislatures, that pro-Kremlin parties dominate, confirm them.

The result is the political sidelining of regional voices and minority populations. Areas marked by inequality have no formal channel to advocate for social support or investment. The lack of regional autonomy or accountability leads to disparities between Moscow’s political elite and the rest of the population, weakening public trust in the rule of law. 

The Constitution and the President

It should be no secret that the Russian Constitution has granted President Putin significant power, raising serious concerns about how far that power has extended and how this shift impacts the rule of law. According to the document, the president is the head of state and the guarantor of the constitution, giving him control over most foreign and domestic policy decisions. Endowing him with sweeping legislative powers, the Constitution allows Putin to appoint security ministers, making these issues almost exclusive to the president’s competence.

In 2020, Putin introduced constitutional amendments that further reduced citizens’ rights while expanding executive power. These changes extended presidential terms, enhanced control over the judiciary and granted former presidents lifelong immunity and a permanent seat in the Federation Council. Legal accountability is virtually absent in a system with no meaningful electoral competition or judicial independence. This structure allows the state to ignore inequality while preserving elite privilege and those outside the core political apparatus face systemic neglect.

Russia and the Rule of Law Today

One of the most significant legal tools for controlling dissent is the 2012 “foreign agents law.” Initially applied to NGOs receiving international funding, it has since expanded to target media outlets, advocacy groups and individuals. The 2022 revisions added the broad and ambiguous “foreign influence” category, allowing the state to label critics as national security threats. As a result, the government has cracked down on civil society groups, especially those advocating for human rights, ethnic minorities and the economically vulnerable, forcing them to operate underground.

Poverty in Russia remains a pressing issue, particularly in rural areas and among minority populations. According to the World Bank, around 12.1% of Russians lived below the national poverty line in 2022, with the rate disproportionately affecting families and those in underdeveloped regions. Weak rule of law exacerbates this problem by limiting access to fair legal recourse, reinforcing corruption and enabling the misuse of public funds intended for social welfare.

Following the 2022 full-scale invasion of Ukraine, Russia’s courts became even more visibly biased, enforcing laws that serve state narratives. The state now regularly carries out political trials, arbitrary detentions and harsh sentencing. With growing restrictions on freedom of expression, peaceful assembly and association, the Kremlin reasserts dominance and undermines the rights of its citizens.

In response to these challenges, some initiatives continue to push for reform. The EU-Russia Civil Society Forum and its “Legal Discourse” program seek to enhance the potential of the participation of NGOs in the discussion of legal matters between the European Union and Russia. This platform emphasizes the importance of promoting and protecting values like human rights, the rule of law, separation of powers, government accountability, administrative compliance and judicial independence.

Resistance and Civil Society

Despite growing repression, Russian civil society continues to resist. Journalists, activists and ordinary citizens risk their freedom to challenge state abuse. Though weakened since the 1990s, moments like the 2011–2012 electoral protests and quiet acts of defiance in response to the invasion of Ukraine reflect a resilient spirit. Individual resistance now outweighs mass movements, with citizens using subtle, creative means to oppose the regime.

Organizations such as Global Call to Action Against Poverty and Caritas of Mother of God Archdiocese have been working to fight poverty within the federation. Making information about patient rights more available to citizens, GCAP’s Russia program aims to improve healthcare in impoverished communities. Caritas of Mother of God Archdiocese, formerly known as Caritas Russia, is a national agency operating under the Catholic Church that focuses on providing the poor and victims of disasters, accidents and armed conflicts with medical and social support. Recently, the organization has been supporting families that have fled Ukraine into Russia, supplying them with food, hygiene materials, medicine and bedding.

Looking Ahead

Authoritarian control has severely damaged Russia’s legal institutions, leaving its citizens with a system that silences opposition and allows inequality to grow unchecked. Under Putin, the rule of law in Russia has withered, concentrating power in the hands of the elite while marginalizing large segments of the population. Through constitutional manipulation, centralized political appointments and laws targeting dissent, the state has built a framework that prioritizes loyalty over fairness. 

Yet, resistance endures. Programs such as the EU-Russia Civil Society Forum and grassroots initiatives such as Caritas and GCAP demonstrate that, despite repression and challenges with the rule of law in Russia, the fight for the protection of the vulnerable and the promotion of justice continues. In the face of adversity, quiet resistance remains a tool for fighting for a more inclusive, equitable, and lawful future.

– Rafaela Paquet

Rafaela is based in Montreal, Canada and focuses on Politics for The Borgen Project.

Photo: Flickr