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Russia’s upper house endorses bill to grant immunity to ex-presidents

Under the document, in order to deprive an ex-president of immunity, the State Duma would have to put forward accusations of high treason or gravely serious felonies

© Sergei Bobylev/TASS, archive

MOSCOW, December 16. /TASS/. Russia’s upper house of parliament, the Federation Council, approved at its plenary session on Wednesday a bill on strengthening the guarantees of immunity to former Russian presidents.

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Parliament enhances immunity guarantees for ex-presidents

Under the document, in order to deprive an ex-president of immunity, the State Duma (lower house) would have to put forward accusations of high treason or gravely serious felonies. However, they would have to be confirmed by the Supreme Court and the Constitutional Court. Based on these accusations, the Federation Council would have to make a decision on revoking an ex-president’s immunity.

Under the current laws, a former head of state could be stripped of immunity if a criminal case is opened over serious indictable felonies or capital offenses committed during a president’s term in office. The procedure is initiated by Russia’s Investigative Committee Chairperson and the State Duma must give its consent. Then the approved regulation is sent to the Federation Council, which has three months to consider stripping an ex-president of immunity.

The State Duma’s decision on handing down charges and the Federation Council’s decision on rescinding immunity would have to be approved by two-thirds of the votes of all Russian senators and lawmakers at the initiative of at least one-third of the MPs of the lower house and if there is a conclusion of a special commission set up by the State Duma. After the lower house puts forward the accusations, the upper house would have three months to make a decision on stripping a former president of immunity. If this is not done, the accusations would be dismissed.

The bill outlines that the ex-president can neither be held criminally nor administratively liable, nor detained, arrested, interrogated, nor be subject to searches. Now, this limitation only concerns acts committed while in office or proceedings in cases related to the exercise of his powers as the head of state.

Andrey Klishas, Chairman of the Russian Federation Council Committee on Constitutional Legislation and State Building, noted that the bill had been drawn up in an effort to bring the provisions of a law on guarantees to former Russian presidents in sync with the constitutional amendments. The senator pointed out that the ex-president’s immunity refers to his dwellings and office, vehicles, the means of communication, documents and baggage as well as correspondence.

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