Concept, structure and constitutional consolidation of the foundations of the constitutional system of the Russian Federation. Concept of the Constitution

Topic 4. Theoretical basis constitutionalism

4.1. Concept, essence and legal nature, functions and types of the Constitution.

4.2. The procedure for revising the Constitution of the Russian Federation and adopting constitutional amendments .

4.2 Constitution and constitutional law

4.3. Constitution and international law

4.4. Constitutionalism and constitutional-legal policy in modern Russia

4.5. Development of constitutional doctrine

4.6. Constitutionality and constitutional order

4.7. The procedure for revising the Constitution of the Russian Federation and adopting constitutional amendments.

4.8. Interpretation of the Constitution of the Russian Federation.

4.9. Safeguarding and defending the Constitution.

4.10 Constitutions and charters of the constituent entities of the Russian Federation.

4.11. Constitutional and legal responsibility and its difference from other types legal liability. Grounds for constitutional and legal responsibility. Legal sources constitutional and legal responsibility. Composition of a constitutional and legal violation. Objects and subjects of constitutional and legal violations. Measures of constitutional and legal liability (types of sanctions). Problems of increasing the effectiveness of constitutional and legal responsibility.

SECTION III.

FUNDAMENTALS OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION

Definition constitutional order. Correlation of concepts: constitutional system, state system, social order. Concept civil society. The relationship between civil society and the state.

The concept and structure of the foundations of the constitutional system of the Russian Federation. Legal Features foundations of the constitutional system. Institutes of the foundations of the constitutional system of the Russian Federation.

Consolidation of the foundations of the constitutional system in the Constitution of the Russian Federation. Features of the legal force of the foundations of the constitutional system of the Russian Federation.

Topic 6. Democracy is the basis of the constitutional system of the Russian Federation

6.1. Concept and forms of democracy

Democracy as a system of values. Decision-making by the majority while respecting the rights of the minority. Freedom. Equality of individuals. The relationship between freedom and equality. Liberal, collectivist, pluralistic concepts of democracy. The priority of human rights over state rights.

Democracy as a mechanism of governance. Pluralism. Election. Separation of powers. The rule of law.

6.2. Direct democracy in a system of democracy. Concept direct democracy. J.J. Rousseau on direct democracy. The advantages and disadvantages of direct democracy according to its supporters and opponents.

6.3. Types of institutions of direct democracy

A) Referendum. Concept and types of referendum. The difference between a referendum and an election, poll, plebiscite, discussion.

Legal regulation referendum in the Russian Federation. Subjects of the right to a referendum. Range of referendum issues. Stages of the referendum.

Summing up the results of the referendum.

B) Surveys. The concept of citizen survey. Legal validity of survey results. The purpose of the survey in the system of institutions of direct democracy. Funding for the survey.

B) Public hearings. Purpose and subject public hearings. The procedure for organizing and conducting public hearings.

D) Orders of voters. The concept of voters' orders. The procedure for making and implementing decisions on voters' orders.

D) Reports of deputies. Concept and frequency of reports.

E) Recall of deputies and elected officials. The concept and grounds for recalling deputies and elected officials. Stages of recall.

AND) General meetings citizens. Purpose and procedure.

H) Citizens' meetings. Purpose and procedure.

I) Law-making (legislative) initiative. Concept,

subject, subjects, addressees of law-making (legislative) initiative. The order of its consideration. Types of decisions on law-making (legislative) initiatives.

K) Appeals from citizens. The range of subjects of the right to appeal. Types of requests. The order of their consideration.

L) Petitions. Concept, subject, procedure for consideration of petitions. Types of decisions on citizen petitions.

M) Meetings and public events. Organizers of public events, their responsibilities. Participants in public events, their rights and obligations. Places for public events. Responsibilities competent authorities on interaction with organizers of public events.

4.Representative democracy in a system of democracy.

Concept representative democracy. Types of representative democracy. Imperative, free, semi-free mandates of deputies. Advantages and disadvantages of representative democracy. The relationship between direct and representative democracy. 5.

5. Man is the highest value. Natural law and positive concept relationship between the individual and the state. Consolidation in the Constitution of the Russian Federation of 1993 a new type of relationship between the state and the individual. Recognition, observance and protection of human and civil rights and freedoms is the responsibility of the Russian state.

Constitutional system of the Russian Federation.

The constitutional system of the Russian Federation is definite form and method (model) of organization Russian state and society, enshrined in its Constitution (Chapter 1 of the Constitution of the Russian Federation).

Structure of the Constitutional system of the Russian Federation: The constitutional system is complex legal category, consisting of four main elements:

1. Form of government is the structure and legal status higher authorities state power And established order relationships between them. There are two main forms of government:

1) Republic:

· Presidential (for example: USA).

· Parliamentary (parliamentary) (for example: Germany, Italy).

· Mixed (semi-presidential) (for example: France).

2) Monarchy.

Part 1 art. 1 of the Constitution of the Russian Federation states: the Russian Federation has a republican form of government. The Russian Federation exists in the form of a presidential republic with some elements parliamentary republic.

2. Political regime– this is a set of techniques, means and methods of exercising state power (for example: democratic, totalitarian, authoritarian, fascist, liberal, etc.). In accordance with Part 1 of Art. 1 of the Constitution of the Russian Federation – the Russian Federation has a democratic political regime.

3. Form government system(FGU)- This is a way of territorial organization of the state. There are two main FGUs: federal state And unitary state. According to Part 1 of Art. 1, Art. 5 of the Constitution of the Russian Federation - Russia, according to the Federal State Institution, is a federal state.

Taken together, the form of government, the political regime and the form of government form political system of the Russian Federation(FP + PR + FGU = state system of the Russian Federation).

4. Fundamentals of Russian civil society.

P.S.: one should distinguish between the concepts of “constitutional system of the Russian Federation” and “state system of the Russian Federation”. These concepts are not identical, although they are interrelated. First of all, they differ in volume. The constitutional system of the Russian Federation is a broader concept in scope, because in addition to the three elements listed above (form of government, political regime, form of government), it also includes a fourth - the foundations of Russian civil society. Secondly, they differ in content - the political system can be anything (democratic, totalitarian, authoritarian, etc.), but when we talk about a constitutional system, we always mean democratic.

Basic characteristics Constitutional system of the Russian Federation:

1. Legal nature of the state (Part 1 of Article 1 of the Constitution of the Russian Federation).

2. The democratic nature of the state (Part 1 of Article 1 of the Constitution of the Russian Federation).

3. Social character of the state (Article 7 of the Constitution of the Russian Federation).

4. The secular nature of the state (Article 14 of the Constitution of the Russian Federation).

5. Republican form of government (Part 1 of Article 1 of the Constitution of the Russian Federation).

6. Full state sovereignty Russian Federation (Article 4 of the Constitution of the Russian Federation).

7. Individual rights and freedoms are the highest value (Article 2 of the Constitution of the Russian Federation).

8. The only source of power is Russian multinational people(Article 3 of the Constitution of the Russian Federation).

9. The supremacy of the Constitution and Federal Laws throughout the territory of the Russian Federation (Part 2 of Article 4 of the Constitution of the Russian Federation).

10. Federal form state structure (Part 1, Article 1, Article 5 of the Constitution of the Russian Federation).

11. Division of state power into three branches: legislative, executive and judicial (Article 10 of the Constitution of the Russian Federation).

12. Unified citizenship of the Russian Federation (Part 1 of Article 6 of the Constitution of the Russian Federation).

13. Single economic space in the Russian Federation (Part 1, Article 8 of the Constitution of the Russian Federation).

14. Ideological diversity and multi-party system (Article 13 of the Constitution of the Russian Federation).

15. Organization of local self-government throughout the territory of the Russian Federation (Article 12 of the Constitution of the Russian Federation).

IN modern science State (constitutional) law increasingly uses the concept of constitutional system. It fixes a strictly defined fundamental part social relations, securing the organizational and functional unity of society, and represents a set of principles without which the structure of the state is not constitutional.

The constitutional system is a certain form, a certain way of organizing the state, enshrined in its constitution. The adoption of a constitution in itself means establishing the obligation of the state to follow constitutional order- otherwise the existence of the fundamental law becomes meaningless. However, the concept of “constitutional order” includes something more than formal observance of the constitution. This concept is applicable only to a state in which the constitution reliably protects the rights and freedoms of man and citizen, and all law corresponds to this constitution, but the main thing is: the state acts in accordance with the constitution and is subject to the law in everything.

The definition of the constitutional system helps to identify modern Constitution. The constitution is understood as the fundamental law of the state, which has the highest legal force. It reinforces the basic principles political system, higher legal guarantees rights and freedoms of man and citizen, as well as the structure and relationships of public authorities and management (form of government). The Constitution outlines the range of functions of the state and establishes the foundations of its relations with individuals and society.

The limitation of state power by law has one of the goals of creating optimal conditions for the functioning of civil society, which is an integral attribute constitutional state. It should be emphasized that the foundations of the constitutional system are not simply characterized in a special way changes, but also have special legal force. This is expressed in the obligation of the legislator to follow these principles when amending or supplementing the rest of the text of the Constitution. And - in the decision of the Constitutional Court, which proceeds from the meaning of the basic principles when resolving discrepancies between legal norms.

The constitutional system is a set of social relations, and its foundations are a system of principles regulating them. The foundations of the constitutional system serve as the basis on which legal relations that have common specifics are formed.

The significance of Chapter 1 of the Constitution is extremely great. Essentially, it is here that the humanistic orientation of the constitutional system is formed. The principles of state organization are enshrined here in general form, creating the foundation of the constitutional system, and are specifically revealed in subsequent chapters of the Constitution. Very important instruction "No other provisions this Constitution cannot contradict the foundations of the constitutional system of the Russian Federation. This indicates that they enjoy the highest legal force.

The concept of the fundamentals of the constitutional system includes the characteristics of the state enshrined in the constitution. Article 1 of the Russian Constitution establishes that the Russian Federation is a democratic, federal, rule of law state with a republican form of government. Article 7 also characterizes the state as social, and Art. 14 – as secular.

Feature foundations of the constitutional system is that they constitute the primary regulatory framework for the remaining provisions of the Constitution, the entire system current legislation and other regulatory and legal acts of the Russian Federation. This means that other chapters of the Constitution contain provisions that are aimed at further development, concretization of the foundations of the constitutional system. They, in particular, establish the competence of government bodies of the Russian Federation, the procedure for their adoption of government general normative, legal and individual solutions, the rights and obligations of citizens and other subjects of law are formulated, legal and other guarantees for the implementation of the foundations of the constitutional system are fixed.

At the same time, none current norm rights, regardless of where it is enshrined - in the Constitution, laws of the Russian Federation, decrees of the President of the Russian Federation or government regulations, cannot contradict the fundamentals of the constitutional system. In cases where any norms do not comply with the fundamentals, such norms are recognized as unconstitutional and lose force. Likewise, the actions and decisions of officials cannot contradict the foundations of the constitutional order. government agencies, citizens and their associations.

In cases where in current laws and other normative - legal acts none necessary standards or they contradict the Constitution, a citizen has the right to exercise his rights, guided by the norms of the Constitution, and primarily by the provisions establishing the foundations of the constitutional system, because the principle of direct action of the Constitution is directly enshrined in Art. 15.

The foundations of the constitutional system of Russia consist of three groups of norms:

1. regulating the activities of the state and its bodies;

2. determining the legal status of the individual in the Russian Federation;

3. establishing the legal force of the Constitution and the procedure for amending it.

The main attention must be paid to the principles of organization and activity of the state, which is explained by its importance in modern society, as well as the need to protect individuals, civil society, and their private interests from unjustified interference by government bodies and officials.

The foundations of the constitutional system consolidate the form of the Russian Federation as a state, establish the source of state power and methods of exercising democracy, and determine the spatial limits of the sovereignty of the Russian Federation. The principles of the federal structure of Russia are also formulated, the principle of separation of powers into legislative, executive and judicial is established, and the circle of bodies exercising state power in the Russian Federation is established. Particularly highlighted is Art. 7, according to which social politics state is elevated to the rank constitutional basis guaranteeing a decent life and free development for every Russian citizen, regardless of his occupation and activity.

The state is losing its undivided dominance in the political system of society. The foundations of the constitutional system consolidate ideological and political diversity in the Russian Federation, including a multi-party system. Each party is given the opportunity to act unhindered, develop its own ideology, win sympathy and support from the population, and recruit members into its ranks.

Constitution of the Russian Federation in Art. 2 declares: “Man, his rights and freedoms are highest value. Recognition, observance and protection of human rights and freedoms is the responsibility of the state.” This principle is central to the system of foundations of the constitutional system.

Main characteristics this principle:

1) human rights and freedoms - highest value , the starting point around which all other regulation is built public relations, including the state. In case of inconsistency between human rights and other values ​​recognized and protected by the state, priority is given to human rights;

2) the content of this principle is revealed through system of human and civil rights and freedoms, reflected in Chap. 2 of the Constitution and legislation of the Russian Federation. At the same time, according to Part 1 of Art. 55 of the Constitution of the Russian Federation, the list of rights and freedoms established therein is not exhaustive and does not mean the denial or disparagement of others universally recognized rights and freedoms of man and citizen;

3) human rights and freedoms belong to a person and are of a natural, inalienable and inalienable nature. They are not are installed state, their existence is recognized by it, the state guarantees , respects and protects human rights and freedoms. This provision also means that neither the state nor the people in a national referendum can take away from a person any of his natural rights;

4) all people equal rights and have the same amount of natural rights and freedoms;

5) establishment limits of human rights made by the legislator by regulating and limiting these rights. Regulation, in contrast to restriction, involves not only establishing the boundaries of rights and freedoms, but also guarantees of their implementation. The main limit is set in Part 3 of Art. 17 of the Constitution of the Russian Federation: “The exercise of the rights and freedoms of man and citizen should not violate the rights and freedoms of other persons.” Restriction of human rights and freedoms, in accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation, can only be carried out by issuing a federal law (that is, subjects of the Russian Federation cannot interfere with the regulation legal status person and citizen) and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests other persons, ensuring the country's defense and state security.

K. system is such an order of organizing power in the state in which, on the basis of K! there is observance of rights and freedoms, separation of powers, equality of forms of property, as well as judicial protection rights and freedoms of the individual.

The structure of the social system consists of 4 main elements, which themselves represent systems of social relations in the relevant spheres of social life.

These elements are:

A) economic relations; b) social relations, in in the narrow sense of the word; c) spiritual and cultural relations; G) political relations.

Concept rule of law multidimensional. It includes everything that is included in the concept of constitutional democratic state, which in its activities is subject to the law and considers its main goal to ensure the rights and freedoms of man and citizen in the economic and spiritual spheres. However, it is possible to identify the main features characteristic of a rule of law state.

1. Rule of law in all areas public life. This means that the law itself must be legal, i.e. express the rights and freedoms of man and citizen, objectively developing social relations, trends in their development and self-renewal (Article 15 of the Constitution of the Russian Federation).

2. The absolute priority of the constitution is an integral feature of the rule of law. Therefore, a rule of law state is a constitutional state.

The priority of the Constitution and the rule of law, enshrined in Part 1 of Art. 15 of the Constitution of the Russian Federation, creates a legal basis for establishing a regime of law and order in Russia.

3. The reality of the rights and freedoms of man and citizen, ensuring his free development. The rule of law recognizes a certain sphere of freedom for the individual, beyond which state intervention is unacceptable. Its real manifestation is expressed by the formula: “Everything that is not prohibited to the individual is permitted to him,” and vice versa: “Everything that is not permitted to the authorities is prohibited to him.”

The Russian Federation, as a rule-of-law state, ensures on its territory:

1) democracy at all levels of government;

2) observance and implementation of human and civil rights and freedoms;

3) republican form of government with respect for others political views and opinions;

4) the federal structure of the Russian Federation while respecting the rights of the small peoples of Russia, etc.

Legal basis constitutional system of the Russian Federation related to the legal system of the Russian Federation include:

» Russia is a rule-of-law state (the basis of its functioning is the law, and state authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws);

» The Constitution of the Russian Federation has supreme legal force and direct action throughout the Russian Federation;

» no other provisions of the Constitution of the Russian Federation may contradict the fundamentals of the constitutional system;

» generally accepted principles and norms of international law, as well as international treaties RF are integral part her legal system;

These features of a rule of law state are basic. The practice of legal statehood includes other aspects. However, all of them must be based on specific laws; only law can underlie any government decisions, and especially those related to the use of coercion.

Political system of Russia determined by the Constitution of Russia, adopted by popular vote on December 12, 1993. The Constitution lays down the principle of separation of powers into legislative, executive and judicial.

Executive branch

Executive power in Russia is exercised by the Government of the Russian Federation. The Government of the Russian Federation consists of the Chairman of the Government of the Russian Federation, Deputy Chairman of the Government of the Russian Federation and federal ministers.

The President of the Russian Federation forms the Cabinet of Ministers and, with the consent of the State Duma, appoints the Chairman of the Government of the Russian Federation. Before the newly elected President of the Russian Federation, the Government of the Russian Federation resigns its powers.

Legislature

The Federal Assembly - the parliament of the Russian Federation - is representative and legislative body authorities.

The Federal Assembly consists of two chambers - the Federation Council and the State Duma. The Federation Council includes two representatives from each subject of the Russian Federation: one from the representative and executive bodies state power. The State Duma consists of 450 deputies and is elected by open voting for 4 years.

Federal Assembly is a permanent body.

Judicial branch

Justice in Russia is administered by the courts. The judiciary is independent and acts independently of the legislative and executive branch. The Russian judicial system consists of federal courts, constitutional (statutory) courts and justices of the peace.

Headed judicial system:

Constitutional Court of the Russian Federation;

Supreme Court of the Russian Federation;

Supreme Arbitration Court of the Russian Federation.

The Constitutional Court of the Russian Federation is judicial authority constitutional control. It is called upon to protect the foundations of the constitutional system, fundamental rights and freedoms of man and citizen, to ensure the supremacy and direct effect of the Constitution of the Russian Federation throughout the territory of Russia.

The Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases, jurisdictional courts general jurisdiction.

The Supreme Court of the Russian Federation carries out judicial review over the activities of courts of general jurisdiction, including military and specialized federal courts.

The Supreme Court of the Russian Federation is the directly superior court towards supreme courts republics, regional (regional) courts, city courts federal significance, ships autonomous region And autonomous okrugs, military courts of military districts, fleets, types and groups of forces.

The Supreme Arbitration Court of the Russian Federation is the highest judicial body to resolve economic disputes and other cases being considered arbitration courts, carries out in the prescribed federal law procedural forms judicial supervision of their activities and provides clarification on issues of judicial practice.

Electoral system

The Russian electoral system guarantees all citizens free expression of will in elections and referendums, as well as the protection of democratic principles and norms voting rights and the right to participate in a referendum.

In accordance with the Constitution, political diversity and multi-party system are recognized in the Russian Federation. Based on this constitutional principle, the state guarantees the equality of political parties before the law, regardless of what is set out in their constituent and program documents ideology, goals and objectives. The state ensures compliance with the rights and legitimate interests of political parties.

7.The Russian state in the political system Russian society. State and civil society.

The political system of society is one ordered on the basis of law and other social norms set of institutions ( political parties, public organizations and movements, political relations, political practice), within which the political life society, political power is exercised.

The state occupies a leading position in the political system because:

1. The state acts as official representative its citizens (subjects);

2. The state acts as the sole bearer of sovereignty;

3. Has a monopoly on lawmaking;

4. Has material base (state property, budget);

5. Determines the main directions of development of society.

The state has broad powers in political sphere:

1. Installs using legal norms behavior of other subjects political system;

2. Legitimizes other subjects of the political system;

3. Exercises control and supervision over the activities of other subjects of the political system.

6. Concept and characteristics of civil society

Civil society is a set of moral, religious, national, socio-economic, family relationships, through which the interests of individuals and their groups are satisfied.

The signs of the city society include:

1. Economic freedom, diversity of forms of ownership, market relations;

2. Unconditional recognition and protection of the natural rights of man and citizen;

3. Legitimacy and democratic nature of power;

4. Equality of all before the law and justice, reliable legal protection of the individual;

5. Rule of law, based on the principle of separation and interaction of powers;

6.Political and ideological pluralism, the presence of legal opposition;

7. Freedom of opinion, speech and press, independence of media mass media;

8. Non-interference of the state in privacy citizens, their mutual responsibilities and responsibility;

9. Class peace, partnership and national harmony;

10. Effective social policy that ensures decent level people's lives.

8. Economic system Russian society: concept, structure, principles.

Economic system- the totality of all socio-economic processes occurring in society on the basis of the organizational forms of ownership operating in it.

The main elements of economic structures speakers:
– socio-economic relations (person and property relations);
– organizational forms economic activity(production units, organization of production, division, specialization and cooperation of labor);
– economic mechanism (government agencies, state budget, monetary system, economic institutions, mechanism for developing and making economic decisions, norms and rules of economic behavior, forms of management, etc.);
– specific economic ties between economic entities.

Changes to Article 65 of the Constitution of the Russian Federation.

The procedure for amending Article 65 of the Constitution of the Russian Federation is established by Articles 65, 66, 108, 137 of the Constitution of the Russian Federation, the Federal Law “On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation”. Amendments to Article 65 of the Constitution of the Russian Federation, which determines the composition of the Russian Federation, are made on the basis of the federal constitutional law on the adoption of Russian Federation and the formation of a new subject within it, on changes in the constitutional and legal status of the Russian Federation. So federal constitutional law must contain instructions on the inclusion of relevant amendments and additions to Article 65 of the Constitution of the Russian Federation. In the event of a change in the name of a republic, territory, region, federal city, autonomous region, Autonomous Okrug the new name of the subject of the Russian Federation is subject to inclusion in Article 65 of the Constitution of the Russian Federation. According to the interpretation of the Constitution of the Russian Federation given Constitutional Court RF in 1995, changing the names of the constituent entities of the Russian Federation falls under the jurisdiction of the constituent entities of the Russian Federation and is carried out by them independently (however, Article 8 of the Federal Law "On Names geographical objects"(1997) it was established that changing the name of a republic, territory, region, city of federal significance, autonomous region, autonomous district is carried out by federal law upon the proposal of the subject of the Russian Federation itself), new names of subjects of the Russian Federation are included in Article 65 of the Constitution of the Russian Federation by decrees of the President of the Russian Federation. In 1996 Two such decrees were issued in 2001, and one decree in 2001.

1. Constitutional system and constitutional state.

The constitutional system is a certain form, a certain way of organizing the state, enshrined in its constitution. The constitutional system is characterized by the basic principles underlying the relationship between man, society and the state. In a narrower sense constitutional order states are only such a form and method of organizing state power that characterize it as a constitutional state. A constitutional state is political organization civil society, has a democratic and legal nature. It recognizes human rights and ensures their protection, in addition, it is itself subject to the law.

2. Fundamentals of the constitutional system.

The foundations of the constitutional system are the basic principles and foundations of the state, which are designed to provide it with the character of a constitutional state. The foundations of the constitutional system of the Russian Federation are enshrined in Chapter 1 of the Constitution of the Russian Federation; they cover a wide range of regulated social relations. The foundations of the constitutional system are usually divided into political, economic, social and spiritual. Constitutional principles are interconnected and form a system.

3. Political and spiritual foundations of the constitutional system.

Article 1 of the Constitution of the Russian Federation proclaims the Russian Federation to be a democratic federal legal state with a republican form of government. Democracy is an organization of the state in which the people are recognized as the only source of power, and power is exercised according to the will and in the interests of the people. The democratic nature of the state, the democratic political regime is expressed primarily in democracy, as well as in the recognition and protection of human and civil rights and freedoms, separation of powers, local self-government, political diversity, multi-party system, freedom economic activity, variety of forms of ownership.

A rule of law state is characterized by the rule of law (binding legal norms both for citizens and organizations and for the state), the supremacy of law (in the system of legal norms), the separation of powers (signs of a democratic political regime and the rule of law overlap in many ways), respect and protection of human rights and freedoms, equality of all before the law and the court, mutual responsibility state and citizen.

Federal structure characterizes territorial organization states, legal relations between the state as a whole and its parts. The federal structure of the Russian Federation is based on state values, the unity of the system of state power, the delimitation of jurisdiction and powers between the state authorities of the Russian Federation and the constituent entities of the Russian Federation, equality and self-determination of peoples. The main feature of the republican form of government is the election and rotation of the head of state; the form of government of the Russian Federation can be defined as a mixed (presidential-parliamentary, semi-presidential) republic, combining the features of a presidential and parliamentary republic. Article 2 of the Constitution proclaims a person, his rights and freedoms to be the highest value, and imposes on the state the obligation to recognize, respect and protect human rights and freedoms. According to Article 4 of the Constitution, the sovereignty of the Russian Federation extends to its entire territory. Spiritual foundations of the constitutional system. The spiritual basis of the constitutional system of the Russian Federation is the secular nature of the state (Article 14 of the Constitution), no religion can be established as state or compulsory, religious associations separated from the state and equal before the law.

4. Economic and social foundations constitutional system.

Economic fundamentals constitutional system are the unity of economic space, free movement goods, services and financial resources, support for competition, as well as diversity and equal protection various forms property (including land and other natural resources).

Article 7 of the Constitution of the Russian Federation proclaims the Russian Federation social state, whose policy is aimed at creating conditions that ensure a decent life and free development people, while in the Russian Federation the labor and health of people are protected, a guaranteed minimum size wages are provided governmental support family, motherhood, paternity and childhood, disabled people and elderly citizens, the system is developing social services, are installed state pensions, benefits and other guarantees of social protection.

5. New classification foundations of the constitutional system.

The new classification divides the foundations of the constitutional system into three groups.

The first group includes the fundamentals of the organization of state power, such as democracy, state sovereignty, federalism, the unity of the system of state power, the principle of separation of powers, local government, the rule of law, Russia's membership in the world community, the priority of international legal norms.

The second group is the foundations of the relationship between the state and the individual: recognition of man, his rights and freedoms as the highest value, the duty of the state to recognize, respect, and protect them.

The third group is the basics of organizing the life of civil society: social character state, unity of economic space, freedom of economic activity, diversity and equality of forms of ownership, ideological and political diversity, secular nature of the state.