Rules of law containing constitutional provisions that establish the foundations. Constitutional legal norms: concept, features and their classification

The rule of law means rule of conduct, characterized by the following signs:

• universal obligatory;
• formal certainty;
• establishment or sanction by the state;
• state protection.

A constitutional legal norm is a formally defined, generally binding rule of behavior, established or sanctioned by the state, ensured by measures state coercion regulating public relations, which constitute the subject of constitutional law.

Constitutional and legal norms are characterized by the following features:

• 1) consolidate and regulate relationships that develop in all areas social life;
• 2) the relations established and regulated by them are the most significant defining the foundations Russian statehood, personality status;
• 3) are basic for others industry standards, which specify and detail them in the given parameters;
• 4) only these norms are regulated relations between democracy and political organization society",
• 5) have special socio-political significance and because of this increased security"
• 6) the most important, fundamental norms contained in a special act that has the highest legal force, - Constitution of the Russian Federation;
• 7) instructions, contained in the norms, have constituent character: constitutional legal norms are primary in relation to all other legal norms that must follow them. Constitutional legal norms proclaim the form and name Russian state, establish the organ system state power, their competence, types of acts adopted, their hierarchy, determine the catalog of fundamental rights and freedoms of the individual;
• 8) many of the constitutional and legal norms have general character legal impact without specifying the model of behavior (norms-principles, norms-goals, norms-definitions). For example, the principle of the state guaranteeing the constitutional rights of man and citizen, the principle of the rule of law, and other principles characterizing the constitutional system of Russia have highest degree normative generality and have a regulatory impact on all spheres of social relations;
• 9) specific subject composition relations regulated by these norms;
• 10) special structure normal Unlike the norms of other branches of law, which have a classic three-tier structure (hypothesis - disposition - sanction), constitutional legal norms usually contain two elements - a hypothesis and a disposition, and less often - a sanction.

The originality of constitutional and legal norms is manifested in their diversity. The classification of constitutional and legal norms is carried out on various grounds:

• by content;
• By legal force;
• by scale of action;
• by the nature of the order;

according to the degree of certainty of the prescription; by area of ​​operation;

according to its intended purpose in the mechanism legal regulation;

by duration of action; at the time of entry into force.

For reference

It is possible to classify norms on other grounds. For example, by functional role in the mechanism of legal regulation There are two groups of norms: norms and rules of behavior And original, primary legal provisions (norms-principles, norms-goals, norms-tasks, norms-definitions). The norms of the second type prevail in the Constitution of the Russian Federation.

Depending on the content, i.e. range of regulated social relations, there are norms related to: basics constitutional order ; basics legal status person and citizen; federal structure; system of government and system local government.

The legal force of legal norms depends on the type of source of law in which they are located. The most significant are those with the highest legal force norms of the Constitution of the Russian Federation. Among other normative acts containing constitutional and legal norms, those that have greater legal force are: federal constitutional laws, federal laws.

According to the scale of action they distinguish international standards legal sources And inside state law. According to Part 4 of Art. 15 of the Constitution of the Russian Federation generally accepted principles and norms international law and international treaties of the Russian Federation are integral part Russian legal system. If international treaty The Russian Federation has established rules other than provided by law, then the rules of the international treaty apply.

According to the nature of the prescription, norms are distinguished between enabling, obliging and prohibiting. Enabling norms establish the possibility certain behavior, empower subjects certain rights and freedoms, powers, and provide conditions for their implementation. Mainly enabling norms form the basis of the legal status of an individual, the competence of government bodies of the Russian Federation and its subjects. TO this species norms include, for example, the rule that federal authorities executive power to exercise their powers may create their own territorial bodies and appoint relevant officials (Part 1 of Article 78). Binding standards force subjects to perform certain actions or inactions provided for by these norms. Thus, the Constitution of the Russian Federation establishes a number of responsibilities of government bodies and officials, including the protection of human rights, as well as the responsibilities of citizens themselves. According to Part 1 of Art. 82 of the Constitution of the Russian Federation, upon taking office, the President of the Russian Federation takes an oath to the people. Prohibitory norms establish prohibitions on committing certain actions. Thus, the same person cannot hold the position of President of the Russian Federation for more than two terms in a row (Part 2 of Article 81).

According to the degree of certainty of regulations, imperative and dispositive norms are distinguished. IN mandatory norms the behavior of the subject in certain circumstances is clearly defined. For example, money issuance is carried out exclusively Central Bank RF (Part 1, Article 75). Dispositive norms provide the opportunity to choose a course of action. So, in accordance with paragraph “b” of Art. 83 The President of the Russian Federation has the right to preside at meetings of the Government of the Russian Federation.

According to the territory of validity, constitutional and legal norms are classified into: valid throughout the entire territory of the Russian Federation", on the territory of a group of constituent entities of the Russian Federation; on the territory of one constituent entity of the Russian Federation; on the territory municipality.

Purpose in the mechanism of legal regulation is the basis for classifying norms into substantive and procedural. Material standards provide rules of behavior, determine legal status subjects. For example, Part 1 of Art. 104 of the Constitution of the Russian Federation establishes the right legislative initiative certain subjects. Procedural rules establish methods and forms of implementation material standards. Yes, according to the Regulations State Duma establishes, in particular, the procedure for exercising the right of legislative initiative.

By time, actions are divided into permanent and temporary; having retroactive effect and not having retroactive effect norms. Most norms are worn constant character. Temporary norms have limited period actions. An example of such a norm is clause 6 of the Final and transitional provisions Constitution of the Russian Federation: pending the entry into force of a federal law establishing the procedure for the consideration of cases by a court with the participation of jurors, the previous procedure remains unchanged judicial review relevant cases.

According to the time of entry into force, norms are distinguished, coming into force 10 days after their publication, and norms, coming into force on a different date, specified in normative act where these norms are expressed.

The norms of constitutional law regulating homogeneous relations are united into sectoral institutions. Constitutional and Legal Institute forms a set of interrelated norms regulating homogeneous relations included in the subject of constitutional law. The Institute combines norms that differ in legal force, territory of action and other characteristics. These norms may be contained in the Constitution of the Russian Federation, laws, and by-laws.

The concept and subject of constitutional (state) law of the Russian Federation.

Constitutional law - one of the branches of the Russian legal system, which is a set of generally binding norms, rules of behavior, established or sanctioned by the state, the implementation of which is ensured by the state, including through coercive methods.

Constitutional law can be expressed in the following elements:

2. Industry.

3. Academic discipline.

The science of Constitutional law is a set, a system of views, ideas, points of view about Constitutional law as a branch of law and the social relations regulated by this branch.

Constitutional law as a branch is a fundamental branch of law; a set of legal norms that establish the foundations of the constitutional system, the relationship between the state and the individual, the state-territorial structure, the order of formation and the competence of state authorities and local self-government. This is a fundamental branch of Russian law.

Constitutional law as academic discipline is a certain body of knowledge from the field of science, which through various methodological techniques are communicated to trainees to the extent necessary for legal specialists.

The legal system is divided into branches of law, each of which represents a relatively independent part of the legal system. IN legal science The main criteria for dividing law into branches are the subject and method of legal regulation.

Subject of constitutional law like industries Russian law are social relations arising in connection with the consolidation and regulation of:

1) the foundations of the constitutional system of the Russian Federation, the sovereignty of the people and the forms of its implementation, the principles of government and separation of powers, the social and secular nature of the state, ideological diversity, the supremacy of the constitution in the state;

2) the relationship between the state and the individual, legal framework status of Russian citizens, stateless persons and foreign citizens located on the territory of Russia, human and civil rights and freedoms and guarantees of their implementation:

3) federal structure Russia, the composition and competence of its subjects, exclusive competence federation and subject joint management federation and subjects, the supremacy of federal laws over legal acts of subjects, etc.;

4) organization and functioning of the system of federal government bodies of the Russian Federation, bodies judiciary, as well as local government.

Regulation methods. Constitutional law is dominated by imperative method regulation of public relations and most norms related to power relations, are obligatory or prohibitive in nature. And also in constitutional branch rights, there are permissive norms, which are fundamental norms.

They represent norms and rules that directly give rise to legal relations upon the occurrence of the corresponding legal facts(for example, the election of the President in general elections gives rise to new relations between him and parliament, leading, as a rule, to the resignation of the previous government and the formation of a new one).

Permission norms are also applied, mainly when regulating the legal status of an individual.

Unlike other branches of law, constitutional law has many norms-principles, norms-goals, norms-symbols, which in themselves do not give rise to direct legal relations, but are usually disclosed in detail in the norms of other branches of law (for example, the right to work is usually enshrined in Constitution, but is clarified to directly applicable norms only in the Labor Code).

We can also highlight certain methods of the science of Constitutional law:

1. formal legal analysis

2. comparative legal

3. system

4. legal modeling

5. statistical

6. concrete sociological

7. dialectical

Conclusion: constitutional law as a branch of Russian law is a set of legal norms established (sanctioned) by the state, which enshrines the foundations of the constitutional system of the Russian Federation, the relationship between the state and the individual, the federal structure of Russia, the organization and activities of the system of government bodies, local self-government .

Rules of constitutional law: concept, types, features.

Constitutional legal norm – established by the state a generally binding rule of behavior enshrined in the Constitution of the Russian Federation and other laws adopted on its basis legislative acts and regulating the most important social relations: the foundations of the constitutional system of the Russian Federation, the relationship between the state, society and the individual, the state structure of the Russian Federation, the system of government bodies, the foundations of local self-government.

Classification of constitutional and legal norms. There are several reasons for classifying constitutional and legal norms:

I. By object of legal regulation, or content:

a) establishing and regulating the foundations of the constitutional system;

b) securing the status of a person and a citizen;

c) federal structure of Russia;

d) consolidating and regulating the system and organization of activities of public authorities.

II. By legal force, i.e. depending on the place occupied by the normative legal act, containing a constitutional legal norm in the general hierarchy of normative legal acts:

III. By the nature of the legal regulations contained:

a) empowering, i.e. granting participants in constitutional and legal relations the right to perform the actions provided for therein, determine the scope of their powers;

b) binding - norms establishing the obligation to perform certain actions (Article 58 of the Constitution of the Russian Federation - everyone is obliged to protect nature and environment, treat natural resources with care);

c) prohibiting - constitutional and legal norms prohibiting certain actions (for example, Part 2 of Article 34 of the Constitution of the Russian Federation - not allowed economic activity aimed at monopolization and unfair competition).

IV. By area of ​​coverage:

a) federal constitutional and legal norms;

b) legal norms of the constituent entities of the Russian Federation.

V. According to the degree of certainty of the legal regulations contained:

a) imperative - norms that do not omit the freedom of action of the subject in applying the rules of conduct established by these norms (Article 71 of the Constitution of the Russian Federation - subjects of jurisdiction of the Russian Federation);

b) dispositive - norms that provide for the possibility of the subject choosing an option for his actions depending on the conditions and circumstances specified in the norm;

VI. By purpose in the mechanism of constitutional and legal regulation:

a) material;

b) procedural (procedural).

VII. According to the circle of persons to whom the legal order is addressed:

a) general - an indefinite circle of persons;

b) special - a certain circle of people.

Features of constitutional and legal norms. Along with common features inherent in any legal norm (universal, non-personalized nature, conscious-volitional nature, formal certainty, backed by the power of state coercion, etc.), constitutional legal norms have a number of distinctive features:

1. Unlike the norms of other branches of law, some constitutional legal norms are declarative in nature; such norms cannot always give rise to specific right attitude, form the basis of a law enforcement decision; Constitutional law is characterized by the presence of norms-principles, norms-goals, etc. Examples of such norms are the provisions of the preamble of the Constitution of the Russian Federation, Art. 1 (" Russian Federation... there is a democratic..., constitutional state..."), art. 2 (“Man, his rights and freedoms are highest value..."), etc. However, the above does not detract from the importance of the constitutional and legal norms under consideration: being prescriptions general, they are of significant importance not only in the social, political, ideological, but also in legal terms(these norms, in particular, are regularly referred to in its acts by the Constitutional Court of the Russian Federation). In addition, most constitutional and legal norms (establishing the system of power and the status of bodies public authority, reasons for acquisition Russian citizenship, delimitation of jurisdiction and powers between federal center and subjects of the Russian Federation, etc.) is still specific and not declarative in nature.

2. Since constitutional law is a branch public law, most constitutional and legal norms are imperative in nature, i.e. they represent rules and regulations that do not allow for any other interpretation or behavior, for example: “the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people"(Part 1, Article 3 of the Constitution of the Russian Federation), "laws are subject to official publication..." (Part 3, Article 15), "No one can be convicted again for the same crime" (Part 1, Art. 50), “the same person cannot hold the position of President of the Russian Federation for more than two terms in a row” (Part 3 of Article 81), “Before the newly elected President of the Russian Federation, the Government of the Russian Federation resigns its powers” ​​(Article 116), etc. At the same time, constitutional law also contains some dispositive (less stringent, giving the relevant subject the opportunity to choose) norms, for example: “The Government of the Russian Federation may submit a resignation, which is accepted or rejected by the President of the Russian Federation” (Part 1 of Article 117 of the Constitution of the Russian Federation) , “if the State Duma, within three months, repeatedly expresses no confidence in the Government of the Russian Federation, the President of the Russian Federation announces the resignation of the Government or dissolves the State Duma” (Part 3 of Article 117), “The Constitutional Assembly either confirms the immutability of the Constitution of the Russian Federation or develops a draft new Constitution RF, which is accepted Constitutional Assembly...or submitted to a popular vote..." (Part 3 of Article 135), etc.

3. Constitutional legal norms often have a truncated structure; most norms of constitutional law are not characterized by the presence of sanctions (often the norm consists only of a disposition): “The President of the Russian Federation has immunity” (Article 91 of the Constitution of the Russian Federation), “The State Duma is elected for a term of four of the year" (Part 1, Article 96), "Local self-government is carried out by citizens through a referendum, elections, other forms of direct expression of will, through elected and other local government bodies" (Part 2, Article 130), etc. At the same time, some constitutional and legal norms also contain sanctions - adverse consequences for subjects of constitutional legal relations who do not comply with the relevant requirements (norms on the removal from office of the President of the Russian Federation or the head of a region, on the dissolution of the legislative body of a subject of the Russian Federation, on the recall of a deputy representative body authorities, etc.).

4. Constitutional and legal norms (primarily the norms of the Constitution of the Russian Federation) have a constituent character, including for other branches of Russian law. It is on the basis of constitutional and legal norms that a developed industry legislation Russian Federation, constitutional provisions are the source of almost all industries national system rights. So, civil law Russia is based on constitutional norms ah about diversity and equal protection all forms of ownership, freedom of economic activity, unity of economic space, etc. (Articles 8, 34, 35 of the Constitution of the Russian Federation); labor legislation develops the norms of the Constitution of the Russian Federation on social statehood (Article 7), on freedom of labor and the right to rest (Article 37), etc.; land legislation cannot fail to take into account the requirements of the Constitution of the Russian Federation on the possibility of finding land and other natural resources V private property, about special legal regime these objects of legal relations (Articles 9, 36, 42, 58); procedural legislation based on constitutional principles justice and the functioning of the judiciary (Articles 46–54, Chapter 7 of the Constitution of the Russian Federation), etc.

They are also characterized by common features inherent in all legal norms, regardless of their industry affiliation, and features that distinguish them as an independent part of the legal system. the concept of “constitutional legal norms” covers not only the norms of constitutions, but also all normative legal acts that are intended to regulate social relations related to the subject of the branch of constitutional law.

Constitutional legal norms differ from the norms of other branches of law:

• 1) their content, depending on the sphere of social relations to regulate which these norms are aimed at;
• 2) the sources in which they are expressed. The fundamental, most significant norms are contained in a special act that has the highest legal force in the entire legal system - in the Constitution of the Russian Federation;
• 3) the uniqueness of the types: among the norms under consideration there are significantly more general regulatory norms than in other industries. These are norms-principles, norms-definitions, norms-tasks. They are designed for all law enforcement entities, regardless of the type of legal relations in which these entities are participants (civil, administrative, labor, etc.);
• 4) the constituent nature of the instructions contained therein. It is the constitutional and legal norms that are primary; they establish the order mandatory for the creation of all other legal norms: they determine the forms of the main normative legal acts, the procedure for their adoption and publication, and their competence government agencies in the field of lawmaking, the name of the legal acts they adopt. The norms of constitutional law also determine the system of state bodies itself;
• 5) a special implementation mechanism, which for many constitutional and legal norms is associated not with the emergence of specific legal relations, but with special type general relationships or legal status(state of citizenship, state of subjects within the Russian Federation);
• 6) the specific nature of the subjects, the regulation of relations between which these norms are aimed at. Such special subjects can be called the people, the state, the head of state, representative (legislative) bodies of state power; 7) structural features: constitutional and legal norms are not characterized by the traditional three-member structure, distinguished in the composition legal norm, - hypothesis, disposition and sanction. The norms under consideration usually contain a hypothesis and a disposition, and only in in some cases- sanction.

The most significant norms in terms of the scope and level of legal regulation are enshrined in the Constitution of the Russian Federation, and they have the highest legal force. No legal norm can contradict the Constitution. Among other regulatory legal acts containing constitutional legal norms, federal constitutional and federal laws have the greatest legal force. All other normative legal acts are issued on the basis of the Constitution and these laws. In relation to normative legal acts of the subjects of the Russian Federation, the constitutions of the republics and the charters of other subjects have the highest legal force. The named acts, as well as other regulatory legal acts of the subjects of the Federation must comply with the Constitution of the Russian Federation and federal laws.

It should, however, be taken into account that in the event of a contradiction between a federal law and a normative legal act of a subject of the Russian Federation, adopted within the scope of jurisdiction over which the subjects have full state power (Article 73 of the Constitution of the Russian Federation), the normative legal act of the subject is in effect.

Enabling norms establish the right of subjects to carry out the actions provided for in these norms and determine the scope of powers of the relevant subjects. These are all the norms that establish the competence of the Russian Federation, its subjects, and the jurisdiction of all state bodies (for example, Articles 71, 72, 73, 83-90, 102, 103 of the Constitution). The norms-principles, norms-goals, norms-objectives, etc. contained in the Constitution can also be considered as empowering. Their instructions secure the powers of all subjects of the relevant relations to act for the purposes of the instructions provided for in them. For example, the norm of Art. 2 of the Constitution, which establishes that a person, his rights and freedoms are the highest value.

Binding norms are enshrined in specific form obligations of subjects to perform certain actions provided for by these norms, to choose the option of behavior that meets their requirements. This group includes norms establishing constitutional duties citizens, as well as all norms that exclude any other option of action other than that provided for in the norm. For example, part 3 of Art. 107 of the Constitution obliges the President of the Russian Federation to sign and promulgate a federal law if, re-examination It was approved by the State Duma and the Federation Council in the previously adopted version.

Prohibitory norms contain in their instructions prohibitions on the commission of certain actions provided for in them. These are usually the following formulas: “prohibited”, “not allowed”, “obligated”, “not entitled”, etc. For example, according to Part 5 of Art. 13 of the Constitution of the Russian Federation, the creation and activity of public associations for the reasons stated therein. Imperative norms are those that unambiguously define the type of behavior and actions of subjects in appropriate circumstances. Dispositive norms provide for the possibility of choosing an option for the subject to act, taking into account the conditions and circumstances specified in the norm. As an example, we can cite the norms contained in Part 3 of Art. 117 of the Constitution of the Russian Federation. They provide that after the State Duma expresses no confidence in the Government, the President has the right to announce the resignation of the Government or disagree with the decision of the Duma. If the Duma repeatedly expresses no confidence in the Government within three months, the President announces the resignation of the Government or dissolves the State Duma. These norms are dispositive. Example imperative norm is established in Part 4 of Art. 111 of the Constitution of the Russian Federation stipulates that after the Duma rejects candidates for the Chairman of the Government three times, the President dissolves the Duma and calls new elections;

As a branch of law, first of all, it represents a large and diverse array of legal norms. This is not just a set of norms, but an internally organized system.

The primary elements of this system - legal norms - are arranged in interconnected groups, forming institutions and sub-sectors, and their implementation gives rise to legal relations with a certain composition of participants or subjects of constitutional legal relations.

The primary element of the branch of constitutional law is its norms.

The norms of constitutional law itself general view - rules of law governing social relations that constitute the subject of this industry.

The norms of constitutional law are characterized by all the features legal norms, inherent in this type of rules of conduct and characteristic of any branch of law, i.e. regardless of their industry affiliation.

Such qualities are called general characteristics of a rule of law:

General obligatory;

State establishment;

Ensuring implementation through a system of state guarantees;

Protection by special state legal means, including through coercion, etc.

Along with general features the norms of constitutional law have a number of specific signs , predetermined by the nature of the subject of constitutional law.

1. The norms of constitutional law differ from the norms of other branches of law by importance.

They have special significance and regulate the most important social relations that are public in nature. Among them, such fundamental essential relations as the foundations of state and social order, the foundations of the relationship between the individual and the state.

2. The norms of constitutional law are highlighted by content and subjects.

Regulating a wide range of social relations, they are designed for all law enforcement entities, regardless of the type of legal relations in which these entities are participants. In other words, the subjects of constitutional and legal relations are simultaneously parties to civil, administrative, legal, labor and other relations.

3. The norms of constitutional law have a peculiarity according to the sources in which they are fixed.

The fundamental, most significant norms are contained in a special act that has the highest legal force in the system of sources of law - in the Constitution of the Russian Federation. The norms of constitutional law are contained in such specific acts as declarations, decisions of the Constitutional Court of the Russian Federation, etc.

4. The norms of constitutional law have features according to their legal force.

We are talking about the highest legal force of a significant part of the norms of constitutional law - those contained in the Constitution of the Russian Federation, as well as the special legal force of resolutions Constitutional Court of the Russian Federation, standing above all other types of legal acts, with the exception of the Constitution of the Russian Federation.

5. A feature of a significant part of constitutional and legal norms is the constituent nature of their regulations.

IN in this case What is meant, first of all, is the quality of the constitutional and legal norms contained in the Basic Law of the state, as their primacy.

They, firstly, establish the type of state and social system, and secondly, they establish an order mandatory for the creation of all other legal norms: they determine the system of law and the forms of basic legal acts, their adoption and publication, government structure, the system of government and the competence of government bodies, etc.

6. By degree of obligation specific A constitutional and legal normal consists of a combination of the imperative (imperative) nature of legal regulation together with the permissive, which is widely used in constitutional law in defining and regulating the rights and freedoms of man and citizen.

7. The norms of constitutional law have structural features.

Most constitutional legal norms are not characterized by the traditional three-member structure of a legal norm: hypothesis, disposition and sanction. As a rule, a norm of constitutional law contains only a hypothesis and a disposition, or only a disposition. Only in individual cases can all three elements be found, including sanctions.

As a rule, sanctions for violation of the disposition of a norm of constitutional law are contained in the norms of other branches of law. A reference is usually made to this effect in the constitutional and legal norm (for example, Part 3 of Article 41 of the Constitution of the Russian Federation “concealment by officials of facts and circumstances that pose a threat to the life and health of people entails liability in accordance with federal law ).

8. In relation to the norms of constitutional law, a special mechanism for their implementation.

The peculiarity is expressed in the fact that for many constitutional and legal norms, implementation does not imply the emergence of specific legal relations, but a special type of relationship of a general nature or legal status (state of citizenship, state of subjects of the Russian Federation within the Russian Federation).

The general nature of the norms of constitutional law determines such a feature of the mechanism for their implementation as the publication of other normative legal acts on their basis. Hence, among the norms of constitutional law one can find a lot of reference norms(for example, a state of emergency throughout the Russian Federation and its in certain areas may be introduced in the presence of circumstances and in the manner established by the federal constitutional laws(Part 2 of Article 56 of the Constitution of the Russian Federation).

9. Features of constitutional and legal norms can also be distinguished from the point of view subject specifics, to regulate the relations between which these norms are aimed.

Such special subjects are the people, the state, nations and nationalities, constituent parts of Russia - constituent entities of the Russian Federation, municipalities, representative (legislative) bodies of state power.

10. Another significant feature should be noted close connection between legal norms and moral norms.

Here it is necessary to take into account the humanistic orientation of constitutional and legal regulation. Among the most pronounced coincidences of moral norms and legal norms are the provisions of the Preamble and p. 21 and 59 of the Constitution.

Article 21 states that “personal dignity is protected by the state.” In this case, the moral category receives constitutional and legal protection.

In Part 1. Art. 59 of the Constitution of the Russian Federation, it is not only the duty, but also the duty of a citizen of the Russian Federation, to protect our Fatherland.

11. The rules of constitutional law differ originality (features of species).

CLASSIFICATION OF CONSTITUTIONAL AND LEGAL NORMS

Constitutional legal norms can be divided on various grounds:

1. Depending on what functions and goals of legal regulation they provide.

The primary division of legal norms is:

- regulatory- establish public state institutions(for example, a system of government bodies), secure the rights, responsibilities of people, powers of government bodies and officials. They establish the procedure for exercising rights and bearing responsibilities.

- protective- establish measures of constitutional and legal coercion, including liability (dissolution of parliament, removal of the president from office, etc.).

Regulatory norms are divided into specialized norms:

- are common;

- definitive;

- norms-principles;

- norms-goals;

- norms-guarantees;

- conflict;

- operational;

General standards- record elements in a generalized form regulated relations(for example, the conditions of legal personality - Article 60 of the Constitution establishes that Russian citizen can independence in in full exercise your rights and obligations from the age of 18).

Definitive norms- introduce definitions of basic legal terms. Yes, Art. 94 of the Constitution establishes that the Federal Assembly - the parliament of the Russian Federation - is representative and legislative body RF.

Norms-principles, norms-goals- establish the initial values, directions and methods of activity for constitutional law and other branches of law. (The main principles of the activities of the Constitutional Court of the Russian Federation are independence, collegiality, openness, competition and equality of parties).

The principle of separation of powers (Article 10), the principles of the federal structure of the Russian Federation (Article 5).

Warranty standards- aimed at ensuring civil rights, normal activities authorities (Part 4 of Article 109 of the Constitution of the Russian Federation provides that the State Duma cannot be dissolved from the moment it brings charges against the President of the Russian Federation until the corresponding decision is made by the Federation Council).

Conflict of laws rules- indicate the rules to be applied in a particular case when resolving legal difficulties and determining the competence of public authorities. (Part 4 of Article 15 of the Constitution of the Russian Federation “if an international treaty of the Russian Federation establishes rules other than those provided by law, then the rules of the international treaty apply”).

Operating standards- aimed at introducing, repealing, changing the content of other norms (prescriptions of paragraph 1 of Section two of the Constitution of the Russian Federation “The Constitution of the Russian Federation comes into force on the day official publication based on the results of the popular vote).

2. By the method of legal regulation, i.e. According to the methods and methods of legal influence on relevant social relations, the norms of constitutional law are divided into:

- empowering - endow the subjects of legal relations with legal benefits, i.e. determine rights and freedoms, powers and conditions for their implementation (for example, everyone in the Russian Federation has the right to freedom and personal integrity, Article 22 of the Constitution of the Russian Federation).

- binding- forced to carry out certain actions or inactions (for example, the obligation of everyone to pay established taxes and fees Art. 57 of the Constitution of the Russian Federation).

The peculiarity of constitutional legal norms is expressed in the fact that binding norms can also be addressed to more abstract subjects of law, for example, to the state, nation (for example, in accordance with Article 2 of the Constitution “recognition, observance and protection of the rights and freedoms of man and citizen - the duty of the state").

Prohibitory - norms establish prohibitions, i.e. prescribe to refrain from certain actions (inaction), determine facts that serve as an obstacle to the application of the law (for example, according to Part 4 of Article 3 of the Constitution, “no one can appropriate power in the Russian Federation”).

3. By legal nature and the degree of mandatory requirements standards can be:

- imperative - when they imperatively prescribe rules of conduct (for example, in accordance with Articles 87 and 88 of the Constitution of the Russian Federation, the President of the Russian Federation is obliged to immediately inform the chambers Federal Assembly about the introduction of military or state of emergency on the grounds provided for by constitutional norms).

Dispositive - as a rule, it is formulated in such a way that the opportunity to choose one or another behavior is provided (parts 3 and 4 of Article 117 of the Constitution, if the State Duma twice expresses no confidence in the Government of the Russian Federation, then the President of the Russian Federation accordingly decides to resign the Government or dissolves the State Duma).

4. By functional purpose in the mechanism of legal regulation constitutional and legal norms are divided:

Material - regulate the content of the rules of behavior (action or inaction), i.e. answer the question of what can or should be done or not done.

Procedural - determine the forms and procedures for implementing the rules of conduct and answer the question: how one can or should act or not act (for example, the procedure for the adoption of federal laws, the procedure for the dissolution of the State Duma, Articles 100, 101, 104-109 of the Constitution of the Russian Federation).

5. According to the time of its action Constitutional and legal norms are divided into:

Permanent - not limited by the period of their validity (Article 2 of the Constitution of the Russian Federation);

Temporary - norms that indicate the period of their validity (final and transitional provisions);

Exceptional - act in case emergency circumstances and suspended for certain time the effect of certain permanent norms (for example, when a martial law or a state of emergency is introduced).

6. By territory of operation The norms of constitutional law are divided into those that apply:

Nationwide - national, national;

In the territory individual subjects - regional;

On the territory of local government (municipal entity) - municipal or local.

In the legal literature (I.A. Konyukhova) other types are given:

1) norms - declarations - which are enshrined in the Preamble of the Constitution of the Russian Federation (for example, Article 1 of the Constitution of the Russian Federation - norm-declaration - RF-Russia- there is a democratic federal legal state with a republican form of government).

Art. 2 in the form of a norm-declaration proclaims human rights and freedoms to be the highest value.

2) norms-clarifications - aimed at revealing the essence and main content of regulated relations, object, subject, subject of law.

For example, in Art. 1 of the Constitution of the Russian Federation contains a norm-clarification that the concepts “Russian Federation” and “Russia” are equivalent. Such norms are rarely found in constitutional law and, as a rule, reflect specific, most often historical, cultural, national characteristics development of the country.

3) The Constitution of the Russian Federation also contains such a rare type of norms as descriptive norms . Yes, Art. 65 of the Constitution of the Russian Federation describes the structure or composition of Russia as a Federation.

4) norms-symbols , as a rule, are used in combination with norms-definitions (for example, Federal Law “On State flag", "ABOUT State emblem" and about National anthem"(dated December 25, 2000).

Inextricably linked with the specifics of constitutional legal relations is specificity of constitutional and legal norms. A number of these norms are norm-declarations. But most of them contain specific generally binding rules of conduct and assume or directly indicate the possibility enforcement(see rule of law). In them one can often distinguish ordinary structural elements of any legal norm: hypothesis, disposition and sanction. But in many norms there is no sanction, while in others there is no hypothesis. This complicates the technical-normative analysis of many constitutional legal relations, forcing lawyers to logically deduce or look for hidden means legal support such norms. However, this is often not required, since the legal relations generated by these norms do not lead to conflicts or are sufficiently reliably ensured by the norms of political morality.

To binding refers to the norm, the disposition of which is enshrined, for example, in Part 2 of Art. 15 of the Constitution of the Russian Federation: “Government bodies, local government bodies, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws."

Note

Some authors of works on constitutional law consider obligation and permission as a manifestation of various techniques and methods of legal influence on social relations, the totality of which forms the method of constitutional legal regulation. But there are no sufficient grounds for such a conclusion, since obligation and permission are characteristic of the norms of almost all branches of law and, therefore, do not express any specificity of constitutional law. And this makes no sense and the conclusion about the alleged special method constitutional and legal regulation.

Example prohibiting The disposition of Part 2 of Art. 34 of the Constitution of the Russian Federation: “Economic activity aimed at monopolization is not permitted.”

To the authorizing can be attributed to the dispositions of constitutional norms regulating the powers of the Russian Federation and its subjects (Articles 71-73), the President of the Russian Federation (Articles 83-86) and other bodies, as well as establishing the rights and freedoms of man and citizen. These include standards such as:

"Everyone has the right to privacy privacy, personal and family secret, defense of one’s honor and good name" (Part 1, Article 23) or

“Everyone has the right to use their native language, to freely choose the language of communication, education, training and creativity” (Part 2 of Article 26).

Features of specific regulatory standards is that they quite clearly formulate the rules of behavior. They directly indicate a specific right, or obligation, or prohibition to certain type behavior. For example, in Part 1 of Art. 78 of the Constitution of the Russian Federation states:

“Federal executive authorities, in order to exercise their powers, may create their own territorial bodies and appoint appropriate officials.”

Specific regulatory norms include all constitutional and legal norms, which in their disposition contain indications of subjective legal rights and responsibilities.

As for general regulatory, or definitive , norms, then they establish a rule of behavior that does not receive a sufficiently clear expression in a normative act, and it can only be derived as a result of appropriate analysis. These norms define, in particular, goals, principles, categories. Such a norm, for example, is: “The President of the Russian Federation is the head of state” (Part 1, Article 80).

The criterion adopted for the classification of constitutional legal norms according to the territory of their operation , unfortunately, does not reflect one of important characteristics legal norm - by whom, what level of government authority (federal, subject of the Federation or local, municipal) this norm was established. The fact is that it is quite possible that a constitutional legal norm, adopted by the body federal state power will not operate on the entire territory of the Russian Federation, but only on part of its territory. For example, in the event of a state of emergency being declared in some part of the territory. In this regard, there seems to be a more definite basis for classifying constitutional legal norms not according to the territory of their action, but according to the level of authorities that established these constitutional legal norms: a) federal; b) subjects of the Federation; c) municipal or local government.

Norms substantive law determine the content of the activities of subjects of constitutional law, their powers. For example, Part 1 of Art. 105 of the Constitution of the Russian Federation establishes that federal laws are adopted by the State Duma of the Russian Federation, and in Art. 105, 106, 107 and some others of the Rules of the State Duma speak about the order in which federal laws are adopted - consideration of bills is carried out in three readings, etc.