1. The Liquidation of Socialist Constitutions
By the time the Soviet Union disintegrated at the end of 1991, the constitutions of both the Soviet Union and the Republic of Russia had lost their socialist characteristics, due to the numerous revisions which had been made to them since 1988. At this time, the ideals and systems which had been negated under the socialist constitutions were revived, such as the rule of law, the separation of powers, parliamentarism, constitutional review, and the independence of the judiciary. The concept of human rights, which had also been negated under the socialist constitutions, was also revived, and the Soviet Union and the Republic of Russia each issued a declaration of human rights in 1991, which permitted the freedom of certain economic rights, such as the right to private property and the right to choose one's occupation, which had not been permitted previously. These declarations of human rights also expanded various civil liberties, the right to a trial and other rights which had previously been severely restricted.
Some vestiges of the socialist constitutions still remain, however. The People's Congress is still the supreme authority in the land, standing aloof from the legislative, executive and judicial branches. The actual enforcement of the declarations of human rights also still presents many problems. In addition, although the right to own private property has been admitted, the privatization of nationally owned corporations has made only partial progress. The concept of private ownership of land is still incomplete, free transactions of land are still restricted, and the introduction of private ownership of land has also made only limited progress. Generally speaking, the old socialist system is still very much in existence, with respect to private property rights.
2. The Debate on the New Constitution
Proposals for a new constitution can broadly be divided into three types, each of which corresponds with the three political currents which can be identified in Russia today: the liberals, the middle-of-the-roaders, and the conservatives. The proposed constitution of the president, which is supported by the liberals, has a strong classical liberal character. The proposal of the parliament, which is close to the ideals of the middle-of-the-roaders, reflects the ideals of a social welfare state, and has a social democratic character. The proposal of the communists, which reflects the views of the conservatives, calls for the continuation of the ideals of socialism.
The main issue in the debate on the establishment of a new consitution is the relation between the legislative and executive powers. It is generally explained that the president's proposal calls for a presidential republic, while the parliament's proposal calls for a parliamentary republic, and the communist's proposal calls for a soviet republic. The chances that the communist's proposal will be accepted are nil; hence the problem is one of the relation between the president and the parliament. This reflects exactly the current political conflict in Russia.
Although socialism has crumbled, a stable, post-socialist social structure has yet to be established. The process of establishing a new constitution itself has developed into a power struggle. While the president has currently taken the lead in that struggle, it is predicted that revolutionary and violent changes regarding the process of establishing such a new constitution will occur. Even if a new constitution is established through compromise, however, it is likely to be of a transitional nature. A stable new constitution probably will not be created until the economic reforms currently being implemented take root, and until the socialist systems of private property rights are completely dismantled.

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