Resolution 2519 (2023)1Provisional version

Examining the legitimacy and legality of the ad hominem term-limit waiver for the incumbent President of the Russian Federation

Parliamentary Assembly

1. The Parliamentary Assembly stresses the importance of presidential term limits, in particular incountries where the constitution provides for a strong presidency, as opposed to those where parliament issupreme.

1.1. A president together with their political allies usually wields substantial power to nominate allies to high positions in the State, including roles in the court of accounts, electoral bodies, the central bank, the leadership of the armed forces or other security bodies. The checks and balances provided by these bodies may thereby tend to erode over time as these key positions are progressively occupied by the allies of the president. At the same time, dissenting voices gradually disappear from the president’s inner circle. Ultimately this has a high cost for the country and for the president, as a range of opinions and a functioning system of checks and balances indubitably contribute to preventing large-scale errors. Presidential term limits therefore ensure that the checks and balances provided by independent institutions do not erode over time.

1.2. Term limits also serve to keep in check those who might be tempted to use their presidential power to curtail any opposition. When they know that their term is finite and wish to live out the rest of their lives in their home country, they have an incentive not to use excessive force against political opponents, for they know that one day one of them may be elected as their successor and they will no longer be able to exercise political power to protect themselves from the consequences of their acts.

1.3. Once a president has taken the path of severe oppression of the opposition and cruelty against his or her own people, he or she risks spending the rest of their life trying to avoid accountability by clinging to office at ever higher cost to their own country, their own people and ultimately themselves.

1.4. Civil society stands as a cornerstone of any democratic nation. When there is a lack of political opposition, it not only undermines the rule of law but also results in a less diverse and enduring democratic environment. This, in turn, causes reduced citizen engagement and fosters indifference to the nation's current affairs, making the population susceptible to state propaganda.

1.5. For the above and other reasons, the Assembly considers that any country that extends presidential term limits beyond the usual two terms of four or five years is taking a large step away from democracy and the rule of law.

2. The Assembly notes that Vladimir Putin has been continuously in power as President or Prime Ministersince 2000 and that the changes made to the Russian Constitution enacted in July 2020 allow him to remainin office as President until 2036, when he will be 83 years old. The growing brutality of repression againstinternal opponents and the war of aggression against Ukraine show that the cost of the lack of checks andbalances in the Russian Federation is indeed becoming ever higher.

1. Assembly debate on 13 October 2023 (24th sitting) (see Doc. 15827, report of the Committee on Legal Affairs andHuman Rights, rapporteur: Mr Pieter Omtzigt). Text adopted by the Assembly on 13 October 2023 (24th sitting).

27 DE FEVEREIRO DE 2024 ____________________________________________________________________________________________________________

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