Constitutional and legal relations and their subjects. The state and its territorial units Subjects of constitutional and legal relations

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Constitutional-legal relation- a social connection between subjects arising on the basis of the norms of constitutional law, expressed in the form of subjective legal rights and obligations and supported by the coercive force of the state.

Features of constitutional and legal relations are:

1) specificity of the content. Constitutional legal relations arise in the field of social relations, which constitute the subject of constitutional law;

2) specificity of the subject composition. Some subjects can be participants only in constitutional and legal relations;

3) specificity of objects of constitutional and legal relations;

4) variety of types of constitutional and legal relations and a significant share of general (general regulatory) relations in it.

The elements and components of a constitutional legal relationship are the subjects, object and content of the legal relationship.

Subjects constitutional-legal relations - participants in social relations regulated by constitutional law, who, by their characteristics, can actually be bearers of legal rights and obligations and who have acquired the properties of a subject by virtue of the norms of constitutional law. The ability to act as a subject of constitutional legal relations is called constitutional legal personality.

The range of subjects of constitutional and legal relations is distinguished by certain specifics. The subjects of constitutional and legal relations can be:

1. People as a historically established community of people within a certain territory, which is the bearer of sovereignty and the only source of power. The people act as a subject in relations to exercise their power: electoral relations, referendum relations. The subject of constitutional law in relevant respects is also the population of the subject of the Russian Federation, the population of the municipality.

2. State and its territorial units : Russian Federation, republics, territories, regions, federal cities, autonomous regions, autonomous districts, municipalities. These subjects act in relations of sovereignty, possession of territory, etc. Unlike, for example, civil legal relations, in constitutional legal relations these subjects act on their own, and not through their state bodies, local government bodies.

3. Government bodies: federal legislative, executive and judicial authorities; legislative (representative) and executive bodies of state power of the subjects of the Federation; local government bodies * The legal personality of government bodies is special and is called competence. The competence of a state body is a set of subjects of jurisdiction (the range of issues on which this body has the right to make decisions) and powers (rights and obligations) of the state body.

* In a number of subjects of the Federation, along with local government bodies, local government bodies operate at the local level (for example, the Udmurt Republic).

4. Local authorities .

5. Public and religious associations - corporate entities, which are communities of citizens united on any basis or to achieve certain common goals.

6. Natural persons (individuals) - citizens of the Russian Federation, foreign citizens and stateless persons.

7. Members of collegial state bodies and local self-government bodies - deputies, members of election commissions, etc.

Objects constitutional and legal relations are the highest social values (benefits) of society and the individual. These are socio-political values: sovereignty, reproduction of power through elections, republican form of government, federalism, separation of powers, etc.; socio-economic benefits - property, land and other natural resources, etc.; personal goods - life, personal dignity, freedom, personal integrity, etc.

Content Constitutional-legal relations are divided into legal and factual (material). Legal content legal relations are subjective legal rights and obligations of its participants, determined by the norm of constitutional law. Actual content- this is the actual behavior of the subjects of constitutional-legal relations within the limits of the granted subjective legal rights and obligations.

Subjective law in the legal content of a constitutional-legal relationship, it is a measure of the permitted behavior of a person endowed with this right. Subjective duty - a measure of required behavior prescribed to a person. The responsibilities of subjects of constitutional and legal relations are different. General responsibilities are identified that apply to all entities (for example, the obligation to comply with the Constitution and laws), responsibilities that can only belong to certain entities (for example, the obligation of public associations to annually publish a report on the use of their property or to ensure accessibility of such a report), specific obligations, that is, those that can belong only to a specific subject of constitutional law (for example, the obligation of the President of the Russian Federation to sign and promulgate the adopted federal constitutional law within fourteen days).

For the emergence, change or termination of constitutional and legal relations it is necessary legal facts - life circumstances with which the legal norm connects the emergence, change or termination of legal relations. Legal facts can be either events or actions.

Events - these are circumstances that do not depend on the will of people. For example, the birth of a person becomes the basis for the emergence of personal rights - the right to life, personal integrity, personal dignity, etc.

Actions how the volitional behavior of people, the external expression of their will and consciousness are divided into legitimate and unlawful. Lawful action is volitional behavior that complies with legal requirements and is consistent with the content of the rights and obligations of subjects. An unlawful action is volitional behavior that does not comply with legal requirements, infringes upon subjective rights, and does not comply with the legal obligations assigned to individuals.

A feature of legal facts in constitutional law is the wide distribution of legal facts-states, that is, circumstances that exist for a long time, continuously or periodically. Such legal states include, for example, the state of citizenship. It should be noted that legal states are at the same time legal relations themselves.

Constitutional legal relations, as a rule, arise, change or terminate under the influence of not one, but several legal facts that form the actual composition . Actual composition - a system of legal facts necessary for the onset of legal consequences (emergence, change, termination of a legal relationship). For example, for a person to have the right to be elected President of the Russian Federation, a factual composition is necessary, including several legal facts: citizenship of the Russian Federation, reaching 35 years of age, permanent residence in the Russian Federation for 10 years, as well as the person’s failure to hold the office of President of the Russian Federation for two previous terms of office.

Classification of constitutional and legal relations carried out for several reasons.

1. According to the method of individualization of subjects, constitutional and legal relations are divided into general and specific. General legal relations are legal relations based on such general rights and obligations. whose subjects do not have a nominal individualization. The subjects of such legal relations are all subjects within the legal system, everyone is in a relationship with everyone. The position of each subject of a general legal relationship is distinguished by a special legal status, special legal positions in relation to other subjects. For example, the right to health care and medical care belongs to every person; everyone is obliged not to oppose another in the implementation of this right.

Specific legal relations are relations whose subjects (at least one of the parties to the legal relationship) are defined by individualization by name. Specific legal relations are divided into relative and absolute. IN relative In legal relations, all subjects are identified by name (for example, the legal relationship between the State Duma and the President of the Russian Federation on giving consent to the appointment of the Chairman of the Government of the Russian Federation). IN absolute In legal relations, one party is identified by name - the bearer of subjective right. All other persons bear a legal obligation not to interfere with the exercise by an authorized person of his right. Absolute, for example, is a legal relationship arising on the basis of Part 1 of Art. 105 of the Constitution of the Russian Federation, which establishes that federal laws are adopted by the State Duma. Thus, only the State Duma is the bearer of the right to pass federal laws. All other government bodies and officials do not have the right to violate this right in any way and are obliged to respect it.

2. Depending on the functions of the norms on the basis of which constitutional and legal relations arise, the latter are divided into regulatory and protective legal relations. Regulatory relations arise as a result of the lawful behavior of their subjects on the basis of the action of regulatory norms, through which their rights and obligations are realized. Security relations arise as a result of the unlawful behavior of subjects on the basis of protective legal norms, through them measures of legal liability and measures of protection of subjective rights are implemented.

3. Regulatory relations, depending on the nature of the rights and obligations of the subjects and the types of regulatory constitutional and legal norms, are divided into legal relations of active and passive types. Legal relations active type are formed on the basis of binding norms, impose on a person the obligation to perform certain actions (for example, a legal relationship arising on the basis of Part 1 of Article 112 of the Constitution of the Russian Federation, the content of which is the obligation of the Chairman of the Government of the Russian Federation, no later than a week after appointment, to submit to the President of the Russian Federation proposals on the structure of federal executive authorities). Constitutional-legal relations passive type are formed on the basis of enabling and prohibiting norms and are characterized by the passive obligation of the obligated subject to respect the rights of another person (in the case of the operation of enabling norms, an example may be the already mentioned Part 1 of Article 105 of the Constitution of the Russian Federation) or to comply with the established prohibition (in a relationship based on a prohibiting norm, for example, the norm of Part 2 of Article 37 of the Constitution of the Russian Federation, which prohibits forced labor).

Constitutional and legal relations can be classified on other grounds, for example, into material and procedural, into temporary and permanent (legal states), according to the constitutional and legal institutions on the basis of which they are based, etc.

Maksimova E.A.

Branch of the Federal State Budgetary Educational Institution of Higher Professional Education "SUSU" (NRU) Snezhinsk, Russia

The purpose of constitutional and legal norms is to regulate social relations that form the subject of the industry under consideration. As a result of the impact of legal norms on social relations, constitutional and legal relations arise.

The specificity of constitutional and legal relations in comparison with other types of legal relations is as follows (Federal Law of the Russian Federation of November 28, 1991):

1. They differ in their content: they arise in a special sphere of relations that constitute the subject of constitutional law.

2. They are characterized by a special subject composition. Among the subjects of state-legal relations there are subjects that cannot be participants in other types of legal relations.

3. Constitutional and legal relations are characterized by a greater variety of types of legal relations than in other areas, the multi-layered nature of legal relations between subjects, often established through a multi-link chain of interconnected legal relations.

Thus, a constitutional-legal relationship is a social relationship regulated by a norm of constitutional law, the content of which is the legal connection between subjects in the form of mutual rights and obligations provided for by this legal norm.

Constitutional-legal relations are characterized by the originality of objects (such as freedom, life, human dignity, integrity of the state, state power, etc.), specific sources (Constitution, federal constitutional laws, Federal Treaty, etc.), and the special composition of the subjects of these relations . Being a type of public legal relations, constitutional legal relations are characterized by high political potential, i.e. they act as a legal form of political relations, and in this regard they express the interests of different social groups, the fundamental interests of society as a whole.

To better understand the nature of constitutional and legal relations, it is necessary to understand what the very concept of “legal relationship” is.

A legal relationship is a social relationship regulated by legal norms, the participants of which have mutual rights and obligations guaranteed by the state. Also Dernburg, in 1871–1880. who published his fundamental three-volume work “Lehrbuch des preussischen Privatrechts und der Privatrechtsnormen des Reichs”, in which he introduced the term “legal relationship”, wrote: “that this is a very inaccurate term that poorly characterizes what is in his head, but at the moment cannot come up with nothing better." Now the legal relationship is given a clear definition.

The uniqueness of the subject of constitutional law and the diverse specific nature of its norms also give rise to differences in the types of constitutional legal relations.

Just like the norms of constitutional law, constitutional legal relations can be classified.

1. Specific constitutional and legal relations in which the subjects, their mutual rights and obligations are clearly defined.

2. Legal relations of a general nature, in which the subjects are not clearly defined and their specific rights and obligations are not established.

3. Legal conditions. Their specific feature is the clear identification of the subjects of the legal relationship.

4. Permanent and temporary legal relations. The validity period of permanent ones is not defined, but they may cease to exist under specific conditions. Temporary ones arise as a result of the implementation of specific norms - rules of behavior. It stops when done.

5. Material and procedural. Firstly, the rights and obligations that constitute the content of the legal relationship are realized, and secondly, the rights and obligations associated with the legal protection of the regulations laid down in the constitutional legal norms that establish certain responsibilities of subjects are realized.

The emergence of a specific constitutional-legal relationship on the basis of a legal norm is preceded by a legal fact.

A legal fact is an event or action that entails the emergence, change or termination of one or a group of legal relations.

Legal facts are divided into events and actions. An event occurs independently of the will of the subject, while an action is associated with the will of the latter. For example, the event is the birth of a citizen, which gives rise to the relationship of citizenship. In turn, actions can be classified into legal acts and legal actions.

The range of subjects of constitutional and legal relations is very wide. Among them are such specific subjects as the people, the state, deputies, government bodies, election commissions, meetings of voters, etc.

In some countries, scientists also consider such a community as the nation to be subjects of constitutional law. In the ethical sense, a nation, considered, for example, in France, as a subject of constitutional law, is, in essence, a people (community of citizens) within a specific state. In an ethnic sense, a nation is rather a subject of international law.

In general terms, we can say that the subjects of constitutional-legal relations can be anyone to whom the legal norms of a given industry assign certain responsibilities and grant rights.

In certain cases, both foreign citizens and stateless persons can be subjects of constitutional and legal relations (for example, when submitting an application to acquire Russian citizenship).

The defining criterion for identifying a subject of constitutional legal relations is to establish the fact whether its status is regulated by the norms of constitutional law or not.

Constitutional legal relations are also considered at the international level, for example, Professor Dicey's monograph on public law in England had no analogues in the European legal literature of that time. It provides an in-depth analysis of the legal nature of constitutional agreements and their place in the legislative system. Professor Dicey characterizes the legal foundations of the English Constitution and the features of their application. The content of the Magna Carta, Acts of Union and other documents is presented in such a way as to show the general picture of the development of certain provisions of law. The book examines the basic rights of civil society: freedom of speech, assembly, personality, etc. One of the author’s main ideas is that the state must implement the legal order. The two main sections of the book are "The Supremacy of Parliament" and "The Rule of Law". The first part studies the activities of the highest bodies of state power - parliament and the king, and the second - the relationship between the state and the individual, that is, civil rights. Professor Dicey shows in detail that in England the supremacy belongs to Parliament. The third part of the book focuses on those factors that give a constitutional agreement the force of law. The author emphasizes the primary role of constitutional agreements as guarantors of taking into account the interests and will of the people in the legal sphere.

Constitutional legal relations are characterized by a greater variety of types of legal relations than in other areas, the multi-layered nature of legal relations between subjects, often established through a multi-link chain of interconnected legal relations.

Thus, the constitutional-legal relationship is a public

relationship regulated by the norm of constitutional law, the content

which is a legal connection between subjects in the form of mutual rights and obligations provided for by this legal norm.

The objects of these relations are socio-economic and socio-political values, national relations, fundamental human rights and freedoms and other legal relations under consideration. They have a fundamental, primary nature, serve as the basis for sectoral legal relations, precede their emergence, and in some cases predetermine the possibility of their existence. This specificity allows us to understand the leading role of constitutional law in the legal system of the state.

Literature:

1. Constitution of the Russian Federation. M.: Publishing house "Legal Literature", 1993.

2. Kozlova E.I., Kutafin O.E. Constitutional law of Russia, Publisher: Yurist, 1999. – 250 s.

3. Constitution of the Russian Federation: Commentary. M., 1996

4. Law of the Russian Federation of November 28, 1991 “On Citizenship of the Russian Federation” / Collection of Legislation of the Russian Federation, 06/03/2002, No. 22, Art. 2031

5. “Lehrbuch des preussischen Privatrechts und der Privatrechtsnormen des Reichs” (5th ed. 1894–1897) / Erster Band. Dritte, neu bearbeitete Auflage. – Halle a. – 125 s.

6. Vinogradov P.G., Fundamentals of public law in England. An introduction to the study of the English Constitution. M.: Printing house of the Partnership I.D. Sytina, 1905. – 681 p.

1. General concept of constitutional legal norms and relations

2. Classification of constitutional legal norms and their features

3. A Subjects of constitutional and legal relations.

1. Constitutional legal norm - this is a generally binding rule of possible or proper behavior in the sphere of regulation of constitutional law, expressed in the constitution, laws and other sources of law.

Constitutional-legal relations are social relations regulated by constitutional law, of a generally binding nature and protected by the state, through which their participants exercise their rights and fulfill their duties.

2. By the nature of the prescription, constitutional and legal norms can be divided into:

A) imperative, in which the rule of conduct does not leave the subject any freedom of choice and clearly instructs to act in accordance with the instructions. For example, according to Art. 87 of the Constitution, the President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation;

b) dispositive, in which the subject has freedom of action. For example, by virtue of Art. 117 of the Constitution, if the Government of the Russian Federation resigns, the President of the Russian Federation can either accept this resignation or reject it.

The peculiarity of constitutional legal norms is that not all of them can give rise to legal relations.

An example of these norms: declarations - general indications of certain facts that are important for the organization of a democratic order ("Man, his rights and freedoms are the highest value" - Article 2 of the Constitution).

3. Subjects of constitutional and legal relations are:

ü person;

ü groups of people - meetings of voters, public organizations, parties, etc.;

ü government bodies;

ü local government bodies;

ü components of the state - subjects of the federation, administrative-territorial entities;

ü state;

ü other subjects.

QUESTION 3. Sources of constitutional law

1. General concept of sources and their role.

2. Natural and positive law

3. Types of sources of written positive law

1. Forms of expression of norms of constitutional law are called sources of constitutional law.

The sources of constitutional law are not equal in their legal force and form a certain hierarchy. For example, the Constitution exceeds the law in its legal force, and the law exceeds the presidential decree.

The most common source of constitutional law (as well as law in general) is a normative legal act. Recognition of a particular act as a source of law entails certain legal consequences - the emergence of rights and obligations that can be protected in court.

2. The sources of constitutional law form two main areas - natural law and positive law.

Under natural law refers to those rights and freedoms that belong to a person from birth and do not need any reinforcement. This:

ü right to life;

ü right to freedom;

ü the right to personal integrity;

ü other natural rights.

Marxist theory rejected natural law, despite the fact that it was widespread in many developed countries. In the present. Currently, the Russian Constitution has enshrined all the fundamental principles of natural law. Currently, there is a tendency towards interdependence and convergence of natural and positive (written) law.

3. Positive counts right, enshrined in documents - normative legal acts that are not equal in their legal force and form a hierarchical system.

The sources of positive law in the Russian Federation are:

ü Constitution of the Russian Federation;

ü federal constitutional laws;

ü federal laws;

ü international treaties;

ü decrees and orders of the President of the Russian Federation;

ü resolutions of the Government of the Russian Federation;

ü declarations;

ü regulations of the chambers of the Federal Assembly and legislative assemblies of the constituent entities of the Russian Federation;

ü regulatory legal acts of the constituent entities of the Russian Federation;

ü acts of local government bodies;

ü legal acts of the former USSR and the RSFSR that continue to be in force in the Russian Federation;

ü court decisions;

ü other regulatory and legal acts.

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Federal Penitentiary Service

Academy of Law and Management

Department of State Legal Disciplines

COURSEWORKJOB

On the topic "Coninstitutional-legal relations"

Completed

Cadet 213 academic year gr.

E.L. Voronkova

Scientific adviser:

teacher,

major ext. services

S.A. Gorkina

Ryazan 2006

Introduction

1. Concept and features of constitutional and legal relations

2. Types of constitutional and legal relations, their structure

3. Features of the emergence, change and termination of constitutional and legal relations

Conclusion

Bibliography

Introduction

The problem of constitutional-legal relations causes the greatest interest and controversy in the science of constitutional law. In legal science, legal relations also mean social relations that are regulated by the rules of law.

When implementing the norms of constitutional law, constitutional-legal relations arise. Legal ties are formed between relevant entities, as a rule, with corresponding rights and obligations to each other.

Many legal scholars, in particular Varlamova, Vinogradov, Kozlova, Baglay, Kutafin and others, have been and are studying this type of legal relations as constitutional legal relations. Legal scholars express different points of view regarding the concept, structure, types and features, and constitutional legal relations. Intensive development of this issue has expanded the ambiguity of approaches to understanding it.

1. Concept and features of

Constitutional-legal relations- these originate in constitutional and legal norms of communication between social subjects on the basis of their legal rights and obligations. Constitutional and legal relations are superimposed on the life activity of people, shaping and directing it. Often such regulation is carried out through influence on industry norms and legal relations (civil, land, administrative, etc.), and not directly.

Another definition can be given constitutional and legal relations. These are social relations regulated by the norms of constitutional law, the content of which are legal connections between subjects in the form of rights and obligations provided for by specific norms.

Features of constitutional and legal relations in comparison with other types of legal relations are expressed in the following:

· Constitutional legal relations arise in the sphere of relations that constitute the subject of constitutional law;

· Constitutional-legal relations are characterized by a special subject composition: some subjects of these relations are not participants in other types of offenses;

· Constitutional and legal relations are characterized by significant diversity, creating multi-layered legal connections between subjects, established in certain cases through a chain of interconnected legal relations.

· Constitutional relations are objective, factual relations of a political nature. They exist independently of the law, regardless of the legal constitution.

· The subjects and participants of constitutional relations are the people, sciences, large social communities of people, the state, etc.

· The objects of constitutional relations are power, sovereignty and personal freedom, regarding which the relations in question arise.

· Constitutional relations are relations between social forces that give rise to actual power in the state.

It is through legal relations that the norms of constitutional law manifest their regulating effect, although this point of view is not shared by everyone. According to M.V. Baglaya, constitutional law contains many declarations that establish order in a particular area not through specific legal relations, but through psychological influence on people and the proclamation of the most general rules and principles that influence the creation of specific norms. Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities. - 4th ed., rev. and additional - M.: Norma, 2004. P.11. I note that, firstly, any legal norms have a psychological impact on people; secondly, constitutional proclamations (declarations) are still carried out through legal relations. The uniqueness of proclamations lies in the fact that they often give rise to legal relations not by directly defining the rights and obligations of their participants, but by securing any values, goals, attitudes as objects of legal rights and obligations. Proclamations produce legal relations, determining primarily their objects, not their content. Constitutional law: Textbook / rep. ed. A. N. Kokotov And M. I. Kukushkin.- M.: Lawyer, 2003. P. 29.

The uniqueness of constitutional legal relations lies primarily in the fact that they express the essence of democracy, its economic, political and social foundations; determine the main features of the mechanism of self-government of the people, carried out in the forms of direct and representative democracy; mediate the basic connections of the individual with society and the state that arise in connection with the implementation of national sovereignty, the establishment of the national-state and territorial organization of the Russian Federation, subjects of the Russian Federation; system of state bodies and the main connections between them as elements of a single, integral state mechanism.

Constitutional regulation covers the most important relationships between society, the state, the collective, and the individual based on the combination of their fundamental interests. On the meaning of “fundamental interests” for characterizing state-legal relations, see: Chirkin V. E. On the systemic analysis of socialist state-legal relations // Jurisprudence. 1982. No. 3. P. 16.

These social relations, as the most significant, are not just a subject of constitutional regulation, but objectively predetermine the features of their legal form.

A distinctive feature of constitutional-legal relations is their high political potential. Smolensky M.V. Constitutional Law of Russia: Textbook - Rostov-on-Don: Phoenix, 2002. P. 12. Political relations express the interests of all classes, social groups, the fundamental interests of society as a whole. Politics, as V.I. Lenin showed, is what determines the prospects and paths of social development, participation in state affairs, tasks, forms and content of state activity both within the country and in the international arena. Lenin V.I. Full collection Op. T. 6. P. 79; T. 33. P. 340; T. 42. P. 278. “The Constitution,” notes V. O. Tenenbaum, “not only consolidates the established balance of political forces, but also organizes it in a certain way, groups it, focuses it in accordance with the will of the creators of the constitution and projects it into the second series, that is, in a series of political and legal constitutional relations. There is a kind of doubling of political relations, where politics itself, as the content of relations, is embodied in a certain constitutional and legal form and structure.” Tenenbaum V. O.

The peculiarities of constitutional and legal relations are expressed in the uniqueness of their elements and structural organization. These legal relations cover the entire system of subjects of law, and each occupies a special constitutional position in it. The status of individual subjects of constitutional legal relations is very unique. The system of subjects of constitutional and legal relations is comparable to the system of subjects of Soviet state law (see: Osnovin V.S. Decree. Op. pp. 21--22; Boytsov V. Ya. The system of subjects of Soviet state law. Ufa, 1972. S. 81--82; Mironov O. O. Subjects of Soviet state law, Saratov, 1975, etc.) Some of them can act as bearers of rights and obligations provided exclusively in constitutional and other state legal regulations, and be participants only in constitutional, state legal relations (social communities: classes and main social groups, people, nations; socio-political formations: the Russian Federation and the constituent entities of the Russian Federation). Subjects whose activities are not limited by state legal regulation also have specificity.

The vast majority of constitutional legal relations arise as a result of lawful actions - legal acts and actions. The issuance of legal acts is associated with the emergence of most constitutional legal relations, the participants of which are state bodies. Properly formalized results of elections and referendums acquire similar properties. The qualities of a legal act, along with the actions of citizens, are the initiative, proposals of state and public bodies, the request of a deputy, etc.

Direct references to illegal actions are contained in the Constitution relatively rarely - this is the task of current legislation. Constitutional torts include not only non-compliance with constitutional prohibitions, but also actions contrary to those recognized as lawful by the Constitution.

2. Types of constitutionallegal relations, their structure

constitutional legal relationship political social

Just like the norms of constitutional law, constitutional legal relations can be classified.

1. Depending on the degree of specificity of connections between the subjects of relations, constitutional and legal relations are divided into specific And are common legal relations.

In the legal system, the most common legal relations arise as a result of the implementation of specific legal norms - rules of conduct. In constitutional law, most constitutional legal norms also give rise to corresponding specific constitutional and legal relations. They clearly define the subjects, their mutual rights and obligations.

At the same time, in constitutional law, as noted above, there are legal norms of a general nature (norms-principles, norms-goals, norms-declarations, etc.). Their implementation does not give rise to specific legal relations - a special type arises legal relations of a general nature. In such legal relations, the subjects are not clearly defined, and specific rights and obligations are not established.

In the form of legal relations of a general nature, many norms and principles enshrined in the foundations of the constitutional system of the Russian Federation are implemented. Thus, the principle of separation of powers is implemented through a complex system of specific legal relations in which the subjects are the legislative, executive and judicial authorities. All these specific legal relations are derived from the general legal relationship, which arises on the basis of this norm-principle and, as it were, creates the mode of operation of specific connections. All entities obligated to implement this principle conform their activities to such a general legal relationship. It underlies their powers, defines in a general form the rights and obligations, and the competence of public authorities.

A special type of constitutional-legal relations are legal states. Their peculiarity is the clear identification of the subjects of legal relations. However, the specific content of mutual rights and obligations, as a rule, is not clearly defined; it follows from the establishment of a large number of existing constitutional and legal norms. Constitutional and legal relations of this type are the state of citizenship, the entry of the subjects of the Federation into Russia.

2. From the point of view of the time of functioning of constitutional legal relations, they can be divided into permanent and in belt. The period of validity of permanent legal relations is not defined, however, under certain conditions they may cease to exist. For example, the death of a citizen terminates the citizenship relationship. Temporary legal relations arise, as a rule, as a result of specific norms - rules of behavior and operate until certain rights and obligations retain their significance. In particular, the electoral system is built on the mechanism of temporary legal relations. Relations between voters and a candidate for deputy, between election commissions and other subjects of electoral legal relations are valid for the period of specific elections.

3. A feature of constitutional law is that it incorporates substantive and procedural norms and, accordingly, during their implementation, two types of legal relations are formed: material And procedural.

4. Depending on the type of norms, there are also legal(containing rights and obligations) and law enforcement relations(related to the legal protection of regulations laid down in constitutional legal norms).

The right of private property is protected by law - on the basis of this norm, law enforcement constitutional and legal relations arise. The norm that “private property is recognized and protected” (Part 2 of Article 8 of the Constitution of the Russian Federation) gives rise to legal relations.

In constitutional law there are legal relations of all types, however, the originality of this branch of law as a general part of national law is expressed by permanent legal relations of a general regulatory type, which do not require the occurrence of any events or actions for their occurrence. They are formed directly on the basis of legal norms. It is precisely this legal relationship that follows from Art. 2 of the Constitution of the Russian Federation. These legal relations are also called continuing, statutory (allowing the fundamental status of subjects of law to be consolidated); legal relations of the “first order” (determining the basis of the legal order and the content of other legal relations). Kovachev YES. Subject, methods and forms of constitutional regulation // Journal of Russian Law. 1997. No. 2. P.54, 55.

Subjects (i.e. participants) of constitutional and legal relations very diverse. Actually, they constitute the specificity of these relations, because the remaining elements are in many ways similar to similar elements of legal relations generated by other branches of law. Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities - 4th ed., rev. and additional.. - M.: Norma, 2004. P.12.

The subjects of constitutional-legal relations can be anyone to whom the legal norms of a given industry assign certain responsibilities and who are granted rights. Smolensky M.B. Constitutional Law of Russia: Textbook - Rostov-on-Don: Phoenix, 2002. P. 13.

The presence of a wide range of subjects is a feature of constitutional law. Among them are such specific subjects as:

State;

Subjects of the Federation;

Deputies;

Indigenous peoples;

Population;

Municipality;

Election commissions;

Voter meetings, etc.

People Russia (Russian people) as a community of citizens of the Russian Federation acts as a subject of constitutional and legal relations during the conduct of an all-Russian referendum, elections of deputies to the State Duma, elections of the President of the Russian Federation, as well as the implementation of other forms of direct democracy implemented at the all-Russian level.

A special subject of constitutional and legal relations is state - Russian Federation. Its constitutional and legal status is determined primarily by the Constitution of the Russian Federation, which establishes the basic properties of the state sovereignty of the Russian Federation, its domestic and international legal status.

Participants in constitutional and legal relations also include subjects of the Russian Federation:

Republic;

Cities of federal significance;

Autonomous region;

Nuclear districts;

The fundamentals of the constitutional and legal status of the constituent parts of the Federation are determined by the Constitution of the Russian Federation and the constitutions (charters) of the constituent entities of the Russian Federation.

The parties to constitutional and legal relations are also:

Municipalities;

Government departments;

Local government bodies;

Local Government Population;

Ethnic groups;

Political parties and other public associations of citizens;

Citizens' meetings;

Voter meetings;

Citizens of the Russian Federation;

Foreign citizens;

Stateless persons, etc.

The defining criterion for identifying a subject of constitutional legal relations is to establish the fact whether its status is regulated by the norms of constitutional law or not.

In some countries, state scientists include such a community as subjects of constitutional law such as nation. In the ethnic sense, a nation, considered, for example, in France, as a subject of constitutional law, is, in essence, a people (community of citizens) within a specific state. In an ethnic sense, a nation is rather a subject of international law.

The specificity of constitutional legal relations is that most of them do not contain individualization of subjects of law by name; this individualization of the relationship between subjects of law is expressed in a certain universality of rights and obligations, that is, all subjects of constitutional law or a specific group of them are declared subjects of these relations.

The content of constitutional legal relations is the social behavior of subjects in constitutional law, the range of which is specific and wide. The subjects of Russian constitutional law are potential participants in public relations, endowed with legal capacity and competence, due to which they acquire the basis to realize their capabilities in constitutional and legal relations.

Since the circle of participants in constitutional and legal relations is wide, there is a need to unite them into the following groups:

1. Multinational people Russian Federations, nations, ethnic communities (nationalities).

The exclusivity of the status of the people as a subject of constitutional and legal relations is due, first of all, to the fact that they are the bearer of sovereignty and the only source of power in Russia (Article 3 of the Constitution of the Russian Federation). The rights to form representative bodies of state power, participate in the elections of the President of the Russian Federation, and express one’s will through a referendum belong to the exclusive jurisdiction of the people. Nations and ethnic communities can enter into constitutional and legal relations with each other, both among themselves and with government bodies regarding national statehood and other issues affecting them.

2. State - Russian Federation; subjects in composition Russian Federation (republics, the edges, areas, cities federal values, autonomous okrugs).

In social relations regulated by the norms of constitutional law, the state plays a special role. It acts as a regulator of social relations, primarily as a bearer of law-making power. These subjects can participate in constitutional and legal relations directly or through government bodies acting on their behalf. An example of such relations is the Federative Agreement of March 31, 1992 “On the delimitation of jurisdiction and powers between the federal government bodies of the Russian Federation and the government bodies of its constituent entities.”

Constitutional legal relations are also possible between republics, between autonomies, republics and an autonomous region and autonomous okrugs, etc.

3. Administrative-territorial units (districts, cities, districts in cities, towns).

An administrative-territorial unit is not only a geographical, but also a political entity, the basis of which is the population. It is the population, forming local self-government bodies, that gives the administrative-territorial unit the features of a political entity, acting as a subject of law. Electoral districts are a unique subject of law. Through them the right of voters to be represented in government bodies is exercised.

4. Bodies of state power and local self-government.

In the Russian Federation they are:

Federal Assembly;

Government;

Constitutional Court;

Superior Court of Arbitration;

City Duma;

Local administration, etc.

Constitutional norms delimit the spheres of authority and competence between various government bodies. Having the right to exercise state power and local self-government, they are endowed with a certain competence in accordance with the tasks assigned to them (issue of laws, control over the activities of other bodies, execution of laws, etc.). The listed subjects act in these relations as bearers of power or as subordinate subjects, and sometimes as equal participants in contractual relations.

5. Officials.

The subjects of constitutional law are:

President of the Russian Federation;

Chairmen of the chambers of parliament - the Federal Assembly;

Chairman of the Government of the Russian Federation;

Chairman of the Constitutional Court of the Russian Federation;

Prosecutor General, etc.

The President of the Russian Federation is the head of state. Possessing broad representative, law-making, and managerial powers, he enters into relations with parliament, government, republics and other subjects of constitutional law. Those relations that are based on constitutional norms take on the form of constitutional legal ones. The above-mentioned officials enter into some of these and other constitutional and legal relations.

6. TO subjects constitutional legal relations with special legal capacity relate:

Voters;

Deputies (of various representative bodies).

Voters participate in these legal relations through the election of representatives of the people to various legislative (representative) authorities (State Duma, Federation Council, Legislative Assembly, City Duma, etc.). Deputies have the right to take part in the work of those government bodies to which they are elected, in resolving issues considered by these bodies, in approving acts issued by them, etc.

7. Political parties and other public associations.

Political parties and other public associations are playing an increasingly active role in the life of the Russian Federation. They participate in election campaigns, nominate candidates for deputies, and organize pre-election events. Their participation in holding referendums, in local self-government, and in protecting and defending the constitutional rights and freedoms of citizens is important.

8. Citizens Russian Federations, foreign citizens, faces without citizenship.

All individuals participate in constitutional and legal relations, exercising their constitutional rights, freedoms and obligations. Citizens of the Russian Federation have broad legal capacity. It should be noted that citizens are subjects of these relations, regardless of gender, race, nationality, language and other characteristics. Foreign citizens and stateless persons may, in addition, be subjects of specific constitutional and legal relations in connection with the acquisition of Russian citizenship and political asylum.

This is the system of subjects of Russian constitutional law who participate in constitutional and legal relations.

The constitutional law of the Russian Federation distinguishes the following objects of constitutional and legal relations:

1) State territory and its borders.

The Constitution of the Russian Federation has a norm according to which the boundaries between the constituent entities of the Russian Federation can be changed with their mutual consent (Part 3 of Article 67). On the basis of this norm, constitutional and legal relations arise related to part of the state territory of Russia.

2) Personal non-property benefits (life, health, honor, dignity).

Some norms of the Constitution of the Russian Federation contain instructions on these objects:

Everyone has the right to life (Part 1, Article 21);

Personal dignity is protected by the state (Part 1, Article 21), etc.

Based on Art. 98 of the Constitution of the Russian Federation and the federal law “On the status of a deputy of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation,” establishing parliamentary immunity, corresponding constitutional and legal relations may arise related to the protection of the honor of a deputy. Behavior and results of behavior of subjects of constitutional legal relations. For example, the actions of a State Duma deputy who introduced a bill into this chamber of parliament are the object (behavior) of constitutional and legal relations regarding the bill. The signing by the President of the Russian Federation of a decree that does not comply with the Constitution of the Russian Federation constitutes the object (result of behavior) of the constitutional and legal relationship regarding the repeal of this decree by the Constitutional Court of the Russian Federation.

3) Material benefits (natural resources, funds from the state treasury).

The norms of constitutional law establish a range of objects of various forms of ownership (Articles 8, 9, 34, 35 of the Constitution of the Russian Federation) and the right of the relevant subjects to use such objects. On the basis of these norms, constitutional and legal relations can arise.

4) People’s behavior (acceptance of citizenship, recall of deputies by voters, rallies, etc.)

Such a category as human behavior also finds its regulation in the Constitution of the Russian Federation (Articles 30, 31, 32, etc.) and other regulations (for example, the Federal Law “On Citizenship of the Russian Federation”). Federal Law “On Citizenship of the Russian Federation” dated May 31, 2002 No. 62-FZ // Collection of Legislation of the Russian Federation 2002. No. 22. Art. 2031. These norms regulate certain constitutional and legal relations.

5) Activities of state bodies and officials, non-governmental organizations is also a phenomenon that subjects of constitutional and legal relations have to face when exercising their rights and obligations.

6) Legal acts, for example, which have become the object of consideration in the Constitutional Court and other courts.

The Constitutional Court of the Russian Federation, being a direct subject of constitutional and legal relations, resolves cases on compliance with the Constitution of the Russian Federation: FKZ “On the Constitutional Court of the Russian Federation” dated July 21, 1994 No. 1-FKZ // Collection of Legislation of the Russian Federation 1994. No. 13. Art. 1447.

a) federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;

b) constitutions of republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of public authorities of the Russian Federation and the joint jurisdiction of public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation;

c) agreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, agreements between state authorities of the constituent entities of the Russian Federation;

d) international treaties of the Russian Federation that have not entered into force.

Thus, regulatory legal acts are the direct object of consideration by the Constitutional Court of the Russian Federation.

Legal content constitutional legal relations represents the unity of subjective rights and responsibilities that have an active influence on the behavior of the participants in this relationship, and is expressed mainly in the strictly defined universality of rights and responsibilities, in the fact that all subjects are bearers of these subjective rights and responsibilities.

Definition subjective law belongs to S. N. Bratus - a measure of possible behavior of the authorized person provided by law. Bratus S.V. Subjects of civil law. M., 1950. P. 13. Later attempts to improve this definition were useful for deepening the knowledge of subjective law, but did not make fundamental changes to it. Based on the historical-materialistic understanding of law (legal form in general), it is advisable to consider subjective right (and legal obligation) as a measure of the freedom of behavior of the subject. Moreover, when this measure is reduced to zero (to complete lack of freedom), the relationship loses its legal character.

Subjective legal duty acts as a necessity established by constitutional norms for the actions of the subject to whom this duty is assigned. The responsibilities of participants in constitutional legal relations are heterogeneous. Some are of a general nature and equally concern all subjects, others are of a certain type of subjects, and others are of a specific addressee.

The most controversial issue is about connections between subjective right and legal obligation. Opinions are expressed about the possibility of the existence of unilateral rights without corresponding obligations and unilateral obligations without corresponding rights. Kechekyan S. F. Legal relations in a socialist society. M., 1958. P.63-64; Tkachenko Yu. G. Methodological issues of the theory of legal relations. M., 1980. P. 145; Yavich L. S. Law and public relations. M., 1971. S. 103-114. However, the rules of law (legislation) regulate the behavior of participants in public relations. In this regard, it is controversial to assert that “there are social relations in which the activities of only one party are subject to legal regulation.” Tkachenko Yu. G. Decree. Op. P. 169. A social relationship is always a connection between at least two persons. How can the right regulate the conduct of one of them while remaining indifferent to the position of the other? This contradiction appears among many scientists. Thus, L. S. Yavich, in his work “Law and Social Relations,” substantiates in detail the possibility of implementing subjective law outside a legal relationship and at the same time writes that “it is always important to consider subjective law in its inextricable connection with legal obligations. Any form of subjective rights corresponds to legal obligations (general or specifically defined persons).” Yavich L. S. Law and public relations. P. 127. But this is precisely a legal relationship (in its traditional legal understanding). “The category of law,” emphasized E. B. Pashukanis, “becomes logically complete only where it includes the bearer and owner of rights, whose rights are nothing more than the duties of others assigned to him.” Pashukanis E. B. Selected works on the general theory of law and state. M., 1980. P. 91.

We can only talk about different types of legal relations (legal connections) depending on the degree of individualization of the subjects. Alekseev S. S. General theory of law. T. 2. P. 102--107. General legal connections do not have a nominal individualization of subjects (“here everyone is in a relationship with everyone” Ibid. P, 104.). With specific legal connections, at least one of the subjects is individualized. The terms “general” and “specific” are relative. General legal relations are also specific (“everyone with everyone”). In general, any legal relationship is specific, if we consider it in an ontological sense, and general, if we take into account that the rule of law deals with subjects not as specific individuals, but as bearers of social roles.

Thus, constitutional relations are characterized by a variety of types (they can be classified on various grounds: depending on the degree of concreteness of the connections between the subjects of the relationship, in terms of the time of functioning, etc.) and a complex structure. A wide range of subjects take part in constitutional legal relations. The subject of constitutional law is a special cross-section of social relations existing in the spheres of society: political, economic, social and spiritual. This explains the large number of objects of constitutional legal relations and their diversity

3. Features of the emergence, change and termination of coinstitutional and legal relations

The emergence of a specific constitutional-legal relationship on the basis of a legal norm is preceded by legal fact.

Legal fact - This is an event or action that entails the emergence, change or termination of one or a group of legal relations.

Legal facts are divided into events And actions. An event occurs independently of the will of the subject, while an action is associated with the will of the latter.

For example, the event is the birth of a citizen, which gives rise to the relationship of citizenship.

In turn, actions can be classified into

As a rule, the emergence, functioning and development of constitutional legal relations occurs as a result of a whole system of legal factors. Thus, a legal relationship, the content of which is the implementation of a citizen’s electoral right, is preceded by a whole chain of legal factors:

Adoption of legal acts on calling elections and on the formation of electoral districts, commissions, and precincts;

Compilation of voter lists;

Inclusion of a given citizen in the lists;

The deadline set for the start of voting has arrived.

With the receipt of a ballot, the legal relationship to exercise the right to vote and be elected ends.

Of greatest importance for the emergence, change and termination of constitutional and legal relations are legal actions as the volitional behavior of subjects of constitutional law. The legislator, by defining these actions and associating legal consequences with them, strives to encourage lawful behavior (action or inaction) and prevent and minimize illegal actions. This ensures the regulatory and preventive role of law.

Actions, in turn, can be classified into legal acts and legal actions.

An attempt has already been made in the legal literature to formulate a definition constitutional legal act. S. S. Alekseev considers as such “acts of state authorities aimed at the emergence, change and termination of constitutional legal relations”, V. S. Ospovin - the behavior of state bodies and public organizations, formalized in the form of acts adopted by them. However, in the above definitions of constitutional legal acts there is no mention of acts that constitute the will of subjects specific to the branch of constitutional law: the people, the deputy, election commissions, etc. The Russian people formulate their will during elections, during the national discussion of bills , referendum. These forms of exercising direct democracy are provided for in Part 3 of Article 3 of the Constitution of the Russian Federation.

It seems that the concept of “legal act” in constitutional law is generic, generalized, including not only acts of state bodies defined by the Constitution (laws, decrees, resolutions, decisions), but also actions of subjects of constitutional law that are not state bodies. All legal acts (at least when it comes to the will of a collective or collegial body) are adopted by a majority vote. Thus, legal acts in Russian constitutional law are characterized by an authoritative character and a special way of their adoption.

A certain proportion of legitimate legal actions that cause the emergence and dynamics of constitutional-legal relations are legal actions. Legal actions are considered to be those lawful actions in which the will is aimed at achieving a result that is outside the law, but which give rise to specific legal consequences. S. S. Alekseev understands legal actions as lawful actions with which the rule of law associates legal consequences by virtue of the very fact of the action, regardless of whether the actions were aimed at these consequences or not. In the constitutional and legal literature, legal actions are interpreted as “the actions of citizens with which the norms of constitutional law link the emergence, change or termination of legal relations.”

The basis for the emergence, change or termination of constitutional-legal relations can be not only lawful actions (legal acts and actions), but also unlawful actions. For example, Art. 19 of the Constitution of the Russian Federation, among those, provides for “any forms of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation.” Both action and inaction can be unlawful. Thus, non-inclusion in the voter lists, refusal to register a candidate for deputy, refusal of an official to accept a deputy, etc. can be considered as an unlawful abstention from action, entailing certain consequences. By establishing the nature of unlawful behavior in the text of the Constitution of the Russian Federation and current legislation, the state thereby encourages subjects of law to refuse to commit unlawful actions (for example, exceeding the limits of competence) or urgently demands their certain behavior (to consider the merits of a citizen’s complaint or appeal within a specified time frame). The expansion of the range of social relations, now regulated directly in the text of the Constitution of the Russian Federation, has also affected a more detailed regulation of illegal actions, the commission of which is the task of the state, all its bodies, public organizations, officials and citizens.

Events occupy a not so significant place in the system of constitutional and legal legal facts. Among the phenomena of real life with which the norms of constitutional law connect the emergence and dynamics of constitutional legal relations, the birth or death of an individual, reaching a certain age (Articles 38, 81, 97, 119, etc.), the expiration of the term of office of a state body (Article 81, 96, 121, etc.), etc. Not all legal events are recorded directly in the text of the Constitution. Some events of legal significance are provided for in the Federal Laws of the Russian Federation “On Citizenship of the Russian Federation”, “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”, etc. Thus, the fact of birth of a person from parents who are citizens of the Russian Federation or from persons stateless, provided that the child was born on the territory of the Russian Federation, according to the Federal Law of the Russian Federation "On Citizenship of the Russian Federation", is the basis for recognizing this person as a citizen of the Russian Federation Federal Law "On Citizenship of the Russian Federation" dated May 31, 2002 No. 62-FZ // Collection of legislation of the Russian Federation 2002. No. 22. Art. 2031.

Legal events such as birth and reaching a certain age are important for the implementation of the rights granted to citizens. However, as a rule, these events are not enough for the emergence of constitutional and legal (and on their basis - other) legal relations for the implementation of the rights and freedoms established by the Constitution. Actions of interested persons (applying), state or public bodies, officials are also needed (order on enrollment, decision on granting a pension, decision of the general meeting of a public organization, etc.). Thus, for the emergence of legal relations regarding the exercise by citizens of the Russian Federation of passive electoral rights, in addition to reaching the age established by the Constitution, it is necessary to nominate a citizen as a candidate for deputy, the consent of the nominated person to run, and registration of the person by the district election commission as a candidate for deputy.

Although legal events do not depend on the will of people, their state-volitional nature cannot be denied, because the passage of time has a certain impact on people’s behavior, and the extent of this impact is established in the rules of law expressing the will of the people.

The legal literature discusses the question of whether whether the condition is a legal fact. A number of scientists, along with events and actions, propose to highlight the state - state of citizenship, marriage, membership in an organization, etc. This opinion is not shared by those who believe that a legal fact is not the state itself, but its occurrence or termination. The correctness of this statement is not in doubt; we believe that the condition, having arisen, acts as a long-term factor ensuring the stability of the legal relationship for the entire time that this condition exists. Therefore, apparently, S.S. Alekseev is right when he considers the state as a link in a special classification of legal facts, based on the nature of their action, and not along with events or actions as a third type. Moreover, one state is most often not enough for the dynamics of a legal relationship, since the state is an integral part of a complex legal structure.

Conclusion

The specificity of constitutional legal relations in comparison with other types of legal relations is as follows:

· They differ in their content; arise in a special sphere of relations that constitute the subject of constitutional law.

· They are characterized by a special subject composition. Among the subjects of state-legal relations there are subjects that cannot be participants in other types of legal relations.

Thus, a constitutional-legal relationship is a social relationship regulated by a norm of constitutional law, the content of which is a legal connection between subjects in the form of mutual rights and obligations provided for by this legal norm.

The emergence of a specific constitutional-legal relationship on the basis of a legal norm is preceded by a legal fact. This is where the implementation of the legal norm begins. Thanks to a legal fact, a specific subject becomes a participant in a given legal relationship, the owner of the corresponding rights or obligations.

Thus, in this work I tried to reveal the most interesting topic for me in the Constitutional Law of Russia. In the future, I will try not to stop there and continue an in-depth study of constitutional and legal relations. The most interesting is the comparison of this type of relationship with the relationships of other branches of law (criminal, civil, financial, etc.).

Bibliography

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3) FKZ “On the Constitutional Court of the Russian Federation” dated July 21, 1994 No. 1-FKZ // Collection of legislation of the Russian Federation 1994. No. 13. Art. 1447.

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