Signs of a rule of law state: mutual responsibility. Signs and concepts of the rule of law

Idea rule of law arose a long time ago, however holistic concept developed only during the formation of bourgeois society, when comprehensive criticism of feudal tyranny and lawlessness intensified, and the irresponsibility of government bodies to society was strongly condemned. The ideas of J. Locke, C. Montesquieu and other thinkers were embodied in constitutional legislation USA and France in late XVIII V. The term “rule of law” itself became established in German literature in the first third of the 19th century.

Signs of a rule of law state:

• the primacy of law and law in all spheres of society;
• equality of all before the law;
• separation of powers into three branches;
• the reality of human rights and freedoms, their legal and social protection.
• recognition of human rights and freedoms highest value;
• mutual responsibility of the individual and the state;
• political and ideological pluralism;
• stability of law and order in society.

Basic principles functioning of the rule of law state are:

• rule of law in all spheres public life, including over authorities;
• recognition and guarantee (see Universal Declaration Human Rights of December 10, 1948). These rights are granted to a person due to the fact of his birth, and are not granted by rulers;
• mutual responsibility of the state and citizen. They are equally responsible for their actions before the law. Their actions are covered by the formula: “Everything that is not prohibited to an individual is permitted to him; everything that is not permitted to the authorities is prohibited to them”;
• branch separation state power. This principle excludes the possibility of monopolization political power in the country;
• division of powers between government bodies different levels;
• control over the implementation of laws by the prosecutor’s office, court, arbitration, tax services, human rights organizations, funds mass media and other political subjects.

Not every state that has legal system and legislation can be considered legal. The lawmaking process can be aimed at ensuring anti-democratic, despotic forms of government. In authoritarian and totalitarian regimes with imaginary constitutionalism, rights and freedoms are only proclaimed. Therefore, in the relationship between the rule of law and the individual, the priority of human rights, enshrined in the constitution, must prevail, which cannot be violated by the legislator and representatives of other government bodies.

There are a number of documents recognized by the international community, compliance with which allows us to talk about legal relations in society. These include the Charter of the United Nations of June 26, 1945, the Universal Declaration of Human Rights, the International Covenant on Civil and political rights dated December 16, 1966, etc.

Welfare state

Welfare state- a form of state, the most important of which is active influence on social relations in the interests of the general population.

The term “welfare state” was introduced into scientific circulation in the 19th century. First social character state was proclaimed in the Constitution of the Federal Republic of Germany in 1949. Concept social state finally formed in the second half of the 20th century.

The social state constructs a type that allows for more uniform distribution material and spiritual benefits, leveled through social standards starting opportunities for citizens, creating a favorable socio-cultural environment for them. It acts as a guarantor of ensuring a standard of living worthy of a person, especially in such areas as income levels, housing, healthcare, affordable etc.

The possibility of practical implementation of the idea of ​​a social state depends on a number of factors:

• high level economic development countries;
• existence of a rule of law state;
• the appropriate level of political culture of citizens.

The status of a welfare state is officially enshrined in the constitutions of Germany, Spain, France, Russia, etc.

The Russian state aims to become social and legal.

The rule of law has features that are inherent in every state. However, in addition to them, the rule of law is characterized the following features, which are signs of a rule of law state:

Law supremacy;

Mutual responsibility of the state and the individual;

Separation of powers;

Guarantee of individual rights and freedoms;

Let's start with the rule of law. The state establishes in laws generally binding rules of behavior that must take into account objective needs social development. In a rule-of-law state, not a single government body, not a single official or public organization, not a single person has the right to infringe on the law. The Constitution of the Russian Federation is the fundamental law Russian state, approved by the highest authorities, establishing the basic principles of the structure of state power and the foundations of the legal status of the individual, having the highest legal force. The principle of the supremacy of the Constitution is enshrined in the Constitution of the Russian Federation, in Article 15, Part 1, it states: “The Constitution of the Russian Federation has the highest legal force, direct action and is applied throughout the Russian Federation. Laws and other other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation." In other words, the Constitution of the Russian Federation is the law of laws, and no other law or act has the right to correct or supplement the Constitution, much less contradict it. The Constitution, its provisions are absolutely mandatory for all state and self-government bodies, institutions and organizations, public associations, any officials, as well as private physical and legal entities located on Russian territory, regardless of their nationality. The commentary to the Constitution of the Russian Federation contains a paragraph that examines the attitude of institutions and organizations of Russia, their officials and other employees, citizens of Russia and its legal entities located outside the Russian Federation. For all of them, the Constitution of the Russian Federation is law and is binding. Also, in the commentary to the Constitution of the Russian Federation, such provisions are considered as the attitude of diplomatic and consular missions of foreign states, the attitude of representative offices of international organizations and their employees located on Russian territory, using diplomatic and consular immunity(that is, immunity), to the Constitution of the Russian Federation. They are obliged to respect and not violate it. As mentioned above, all officials - from the head of state to the ordinary official - are obliged to act in accordance with the law, are obliged to comply with and not violate it. And for violation they must be severely punished legal liability, in the form of criminal, administrative or civil liability. It is also unacceptable to “enrich” the law with by-laws, to invest in its content a meaning that was not provided for by the legislator. In addition, all ordinary citizens must be guided by the law in their behavior. And for this, among other things, they must be informed about its contents. In our country, this provision is enshrined in Art. 15, part 3, of the Constitution of the Russian Federation, it reads: “Laws are subject to official publication. Unpublished laws are not recognized. Any regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied unless they are officially published for public information ". Official publication is intended to bring their contents to the attention of the general public, which is absolutely necessary for their implementation. At the same time, it is precisely official publication serves as a guarantee that the published text fully corresponds to the original, that is, the text that was accepted legislative body or referendum and signed by a competent official. Until the law is officially published, it cannot come into force and, therefore, cannot be applied. In this case, other forms of its implementation are also impossible - compliance, execution, use. If it is assumed that a citizen is obliged to know the laws (actual ignorance does not exempt him from responsibility for violating them), then their publication is necessary condition obtaining such knowledge by a citizen. It is well known that even in Ancient Rome rulers brought to the attention of their citizens the contents passed laws. This is evidenced by the Laws of the XII Tables in Ancient Rome, which received their name due to the fact that they were executed on twelve wooden boards. And these boards were displayed in the city square for everyone to see. Therefore, no one could “excuse themselves” by ignorance of the law. Moreover, every young man who became a citizen of Rome was required to know these laws by heart. It was believed that without this it is impossible to fulfill the duties of a citizen and carry out government powers. Nowadays, compulsory knowledge is also important Federal laws, the basics of which are taught even in schools.

Mutual responsibility of the state and the individual is an integral feature of the rule of law. In a non-democratic state, only the responsibility of the citizen to the state is recognized. He seems to grant rights and freedoms and determine his status. In a rule-of-law state, on the contrary, emphasis is placed on responsibility. government agencies and officials before citizens for their encroachment on their rights and freedoms. This responsibility takes on a real character only in the presence of appropriate regulations that establish the procedure for bringing to justice officials guilty of violating the rights and freedoms of citizens and providing for severe sanctions for this. An important guarantor of the inviolability of the rights and freedoms of a citizen is constitutional provision according to which power structures states are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms. In a rule-of-law state, the right of every citizen to defend his rights and freedoms by all means not prohibited by law is recognized. All this taken together makes the state responsible to the citizen. In turn, the citizen is responsible for his illegal actions before the state represented by its bodies. For example, the Criminal Code of the Russian Federation provides for criminal liability of an individual to the state. Criminal liability is provided by law adverse consequences (criminal punishment, criminal record) that occur for the person who committed the crime after a court verdict. The administrative responsibility of the individual to the state is also highlighted. This type of liability is discussed in the Code of Administrative offenses RF. Administrative responsibility characterized as a coercive measure carried out on behalf of the state, authorized body to a person who has committed a crime for which the application of administrative measures is provided.

The state, while establishing in legal laws the measure of human freedom, at the same time limits itself to own decisions and actions. Submitting to the law, government bodies cannot violate its instructions and are held liable for violation or failure to fulfill these obligations. The obligation of the law for state authorities (bodies) is ensured by a system of measures that are designed to limit its arbitrariness. These include:

Political responsibility of the government to public authorities;

Political responsibility of deputies to their voters;

Legal liability of government officials at any level for failure to fulfill their duties;

On the same legal basis The responsibility of the individual to the state must be built. Application state coercion must wear legal nature. The legal nature of the mutual responsibility of the state and the individual is an important component law objectively developing in society. Compliance legal requirements - legal duty everyone, and above all - the state, which is characteristic feature legal state.

The next principle of the rule of law is the guarantee of human rights and freedoms. Humanism is unique important principle Total constitutional order. Its consolidation by Art. 2 of the Constitution of the Russian Federation indicates a decisive rejection of the totalitarian approach to the problem of “man - state”, in which the state takes on the solution of basic issues of life support, and a person turns into a “cog” of a large state “machine” for universal “happiness”. Russian statehood radically changes the relationship between the individual and the state. Man was not created for the state, but for the state - such is now main principle their relationship. This is the humanistic essence of the Constitution and all constitutional law of Russia. At the same time, the emphasis is not on the collective enjoyment of rights, as was typical of a totalitarian state, but on individual choice course of action. Of course, collectivism is necessary to achieve certain goals, but, understood with excessive universalism, it is capable of suppressing the initiative and abilities of the individual. Individualism, on the contrary, reveals the potential of society, and the task of law, based on this, is to promote the manifestation of the energy of each person. The priority of the individual over the state makes it possible to understand the place of the individual in civil society. This place is not determined by the state, it inherently belongs to the person and is realized to the best of his abilities and initiative. Civil society This is how it differs from a totalitarian society in that it develops on the basis of self-regulation, that is, it is not forced into total regulation by the state. The state regulates human behavior only to a certain extent, so as not to affect his freedom and ensure public interest. This understanding of the relationship between man, society and the state emphasizes the humanistic essence of the constitutional system. The expression “highest value” mentioned in Art. 2 of the Constitution of the Russian Federation, refers not to the legal, but to the moral category. But when it gets into the constitutional text, it turns into a legal category, that is, into mandatory rule for all members of society - both denounced and not denounced by the authorities. Subsequent chapters of the Constitution, and especially Chapter 2, “Rights and freedoms of man and citizen,” are subordinated to this principle, reveal and detail it. In Art. 18, for example, declares that the rights and freedoms of man and citizen “determine the meaning, content and application of laws, the activities of legislative and executive power, local government and are provided with justice." It follows that all branches of government, all links state mechanism serve main goal: ensuring the rights and freedoms of man and citizen. In all cases of their collision with the principle of expediency when resolving a particular issue, priority must be justified by rights and freedoms. The main responsibilities of the state in this area are to recognize, respect and protect the rights and freedoms of man and citizen. Recognition means enshrining in the Constitution and laws the entire scope of rights and freedoms provided for by generally recognized norms international law, and inalienable rights and freedoms arising from natural law. Compliance requires government bodies not only to refrain from any actions that violate or infringe on rights and freedoms, but also to create conditions for their implementation by people. Defense involves the actions of judicial and administrative bodies to restore a violated right or prevent such a violation, as well as the creation of appropriate guarantees. Recognition of a person, his rights and freedoms as the highest value does not mean that the state in all cases does not have the right to limit the actions of people. This is necessary to ensure that the exercise of rights and freedoms by some does not infringe on the rights and freedoms of others and does not cause damage to society. The state, in addition, must monitor the law-abiding behavior of its citizens, requiring them to respect the rule of law. Citizens, in turn, are obliged not to violate law and order and act in accordance with the articles of the Constitution of the Russian Federation. Constitutional duty recognizing a person, his rights and freedoms as the highest value, is realized through a complex and extensive mechanism of power; Essentially, all government bodies and the entire legal system of the country participate in this mechanism. The humanism of the constitutional system is clearly manifested in the approach to the institution of citizenship. Citizenship is understood as legal connection persons with a specific state, which leads to the establishment mutual rights and duties, and above all the duty of the state to protect the rights and freedoms of this person V in full. The advantage of citizenship is that the state is obliged to protect its citizens even outside the country. Hence, legal status, which is provided by citizenship, is filled with guarantees, the implementation of which largely depends on state officials. This turns the institution of citizenship into important part problem "man - state" and puts its main provisions in the category of foundations of the constitutional system. The fundamentals of the constitutional system also include those enshrined in Art. 6 of the Constitution of the Russian Federation, the principle of equal citizenship, regardless of the grounds for acquisition. This means that for the fullness of rights and freedoms, the length of citizenship and the difference between citizenship by birth and citizenship acquired do not matter. Every citizen of Russia has all rights and freedoms on its territory and bears equal rights and responsibilities provided for by the Constitution. Guaranteeing individual rights and freedoms is extremely important constitutional feature legal state. The principle of which is enshrined in Art. 2 of the Constitution of the Russian Federation: “Man, his rights and freedoms, are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.” In other words, the state is obliged not only to respect rights and freedoms, but also to create conditions for their real implementation.

Democratic reform of society is moving towards a rule of law state, designed to guard the interests and needs of people, their rights and freedoms. This is a state based on law and limited by it in its actions, subordinate to the will of the people as the sovereign of power. 1 )

Constitutional state- a multidimensional developing phenomenon. Over time, it acquired more and more new features and was filled with new content. Only the idea of ​​the connection between the rule of law and the law remained enduring. 2)

There are many interpretations of the definition of a “state of the law”:

The rule of law is a legal form of organization and activity of public political power and its relationship with individuals as subjects of law; 3)

The rule of law is a living organism that ensures the goals and interests of a particular individual and the preservation and stabilization of society with market economy and liberal democratic political regime(Hegel); 4)

Constitutional state - objective necessity and greatest social value, effective method organization of society and its management.

In other words, the rule of law is considered as a form of organization and activity of state power, under which conditions are created for the most complete provision of the rights and freedoms of man and citizen, as well as for the most consistent binding of political power through the law in order to prevent abuse!!! The rule of law is built in relationships with individuals and their various associations on the basis of legal norms.

The value meaning of the idea of ​​the rule of law is to assert the sovereignty of the people as a source of power, guarantee their freedom, and subordinate the state to society.

The main features of a rule of law state are:

Concentration of all prerogatives of government regulation in the system state institutions created on the basis of law;

Preventing monopolism in politics and economics, creating anti-monopoly mechanisms;

Society's control over power, most in an effective way which are regular, free, democratic elections by the people of government bodies at all levels;

Correspondence domestic legislation generally accepted standards and principles of international law (or the direct effect of international norms);

Recognition of a person as the highest value, the goal of the state, and not a means of solving certain state problems;

- Supremacy and direct effect of the constitution;

Unity of rights and duties of citizens;

Presence of a developed civil society;

External and internal sovereignty states;

Mutual responsibility of the individual and the state;

The signs of a rule-of-law state reflect its main features that must necessarily be present in it: 1)

a) The separation of powers into legislative, executive and judicial means that each of the three powers existing in the state must be independent of the other and in its activities subject only to the law, thereby creating a system of “checks and balances”, mutual restriction and mutual control of all branches of government. The founder of the concept of separation of powers is considered to be the French educator S.L. Montesquieu, although before him similar ideas were expressed by J. Locke, even earlier by Polybius, and we see the beginnings of this principle already in the ancient world in democratic Athens and republican Rome. This principle excludes the monopolization of power in the hands of one person, body or social stratum and ensures the compliance of the entire system public authority legal requirements and their consistent compliance. 2) Such a state power mechanism operates in the USA. Another option assumes the priority of one of the branches of government - the legislative, which is typical, for example, in England.

Separation of powers- This is an indicator of the development of law and state. The balance of powers is based on the sovereignty of the people, which is constitutional consolidation in a number of modern states. In theory, the legislative branch should pass laws, the executive branch should organize their implementation, and the judicial branch should resolve a dispute about law on the basis of a law adopted by the legislative body.

Currently, there is an intensification of the executive branch, which seems to be gradually expanding its field of activity. This objective regularity because life modern state takes on more complicated forms and often requires prompt government intervention, which is primarily a function of the government. At the same time, it is important that activities executive bodies power was exercised in legal forms and on the basis of acts adopted by the legislature. 1)

The legislative branch is representative. It is on the basis of elections that the people transfer power to their representatives and authorize representative bodies to exercise state power. In this sense, we can talk about the primacy of representative bodies in the mechanism of state power. However, there are essential and political-legal limitations to this power. Essential restrictions are determined by a fundamental dependence on the will of voters. Political and legal restrictions are related to the fact that any law, in order not to remain a set of phrases on paper, must correspond to political and legal realities, as well as fundamental right- constitution.

This branch of government controls not only the adoption of laws, but also its no less significant function is financial - the annual approval of the budget. There are also administrative functions- formation certain organs executive and judicial powers. The legislative branch has the right to make a political assessment of certain actions of the executive branch and, on this basis, hold them to political responsibility.

The judiciary plays special role, both in the mechanism of state power and in the system of checks and balances. The special role of the court is determined by the fact that it is an arbiter in disputes about law. In a rule of law state, only the judiciary can administer justice.

Judicial branch- a specific, independent branch of government in a rule-of-law state, exercised through public, competitive, peer review and permissions in court hearings disputes about law. The role of the judiciary in the separation of powers mechanism is to restrain the other two powers within constitutional legality and rights and, above all, through the implementation constitutional oversight And judicial control behind these branches of government.

b) The rule of law, the “binding” of the state by law means that the state and the individual in their actions, first of all, must comply with the law, that is, no one has the right to break the law. In turn, the laws in such a state must be legal. 1) Law adopted supreme body power, subject to strict observance of all constitutional procedures, cannot be changed, canceled or suspended by any departmental acts, neither government orders, nor decisions of party bodies, no matter how high and authoritative they were. All social activity enshrined in the constitution of a rule-of-law state. 2)

The law reinforces its regulations with measures of responsibility and thereby guarantees the protection of society and citizens from violations legal rights, interests, freedoms.

Law- only possible remedy expressing and consolidating the needs and interests of each person and the entire society, transforming the will of the people into a generally binding regulator public relations, raising this will to the rank of rules to which everyone is subject. 3)

c) The reality of the rights and freedoms of a citizen. This principle consists of the recognition, affirmation and proper guarantee of the rights and freedoms of man and citizen. Moreover, it is assumed that human rights and freedoms are not some kind of “gift” of the authorities, but belong to him from birth.

d) Protection of human rights and freedoms is, first of all, constitutional guarantees that a person is free, and his rights cannot be violated without the permission of the court. The state is obliged to protect the person, and the person is accordingly obliged to defend his state.

In a rule-of-law state, state power cannot depend on anyone, but, nevertheless, it turns out to be eternally dependent on the people, that is, state power cannot be sovereign in any state. Power should always depend only on the people and no one else. The task of the authorities is to educate people so that they are law-abiding and do not try to buy their own power with money. In a state called the rule of law, any attempt to influence the state or its individual organs. 1)

e) Supremacy and direct effect of the constitution. The Constitution is the source state law country and its basic law, which establishes public and government structure, organization, relationships and powers of supreme bodies of state power, foundations of organization government controlled And judicial system, basic principles voting rights And legal status citizens.

The Constitution takes special position in the hierarchy of legislative and administrative acts of the state. The forms of ownership, organization, powers and relationships of state bodies, the fundamentals of the legal status of the individual, which are established in it, represent the legal foundation for the rest of the legislation. All other unconstitutional acts must comply with the Constitution and its norms.

f) Mutual responsibility of the state and the individual. This principle expresses moral principles in the relationship between the state as the bearer of political power and the citizen as a participant in its implementation. The state, by issuing laws, assumes specific obligations to citizens, public organizations, other states and the entire international community. Responsibility to society and the state is no less important.

Legal status and relationships of all subjects of social, political and state life must be clearly defined legal laws, are protected and guaranteed by the entire structure of legal statehood. If the legal status of at least one subject is not defined or is not clearly defined, then this creates a field for abuse, ignoring legal principles, and if legal principles are ignored in one link, they are immediately violated in other links. 1)

g) Recognition of man as the highest value, the goal of the state. In a rule-of-law state, it is the individual who is the basis of everything, and the freedom and independence of the individual are in first place in the value system of the state. In a rule-of-law state, this provision is enshrined in the constitution directly or indirectly and declares the rights and freedoms of the individual as inalienable and directly applicable. In the Constitution of the Russian Federation, these provisions are recorded in Art. 2, as well as in Articles 17, 18. It is worth remembering that freedom in a rule-of-law state is the freedom to do what can and should benefit society and the state. Freedom in a rule-of-law state is a conscious necessity; it is limited by the people themselves in order to give the same degree of freedom to other people. In essence, in a rule-of-law state, the main idea of ​​human existence should be “ reasonable selfishness“- I do what I want to do, but at the same time my actions should not harm other people. Freedom in a rule-of-law state is limited only so that all people can enjoy it. In a rule-of-law state, the principle must be observed formal equality- everyone is equal before the law. Compliance with this principle leads to the restriction of the freedom of some so that others can take advantage of it.

3 Theory and practice of the formation of the rule of law in modern Russian society....

1. The rule of law in all spheres of public life. In system legal values highest form expression, organization and protection of people's freedom is the law. In laws, the state establishes generally binding rules of conduct, which should take into account the objective needs of social development on the basis of equality and justice. That is why the law has the highest legal force. All other legal acts must comply with the law. Laws regulate the most important, core aspects of social life. Regulations, especially departmental ones, if necessary, can only specify some provisions of the laws. But they do not improve or change laws. The basic law of the state is the Constitution. It formulates legal principles state and public life. The Constitution is a general legal model of society to which all must comply. current legislation. No other legal act state cannot contradict the Constitution. The rule of law, and above all the Constitution, creates a lasting regime legal validity, stability of fair legal order in society. 2. The reality of individual rights, ensuring them free development. In socio-political life, human freedom acts as his right. The rule of law recognizes a certain sphere of freedom for the individual, beyond which state intervention is unacceptable. The legal nature of individual freedom is manifested in various fields public life. For example, these are the rights of an individual to positive action state in his interests: the right to personal integrity, the right to education, social security, legal protection etc. The degree of development and guarantee of individual freedoms is determined by the maturity of the legal principles of statehood, economic and spiritual prerequisites. 3. Mutual responsibility of the state and the individual. The relationship between the state as the bearer of political power and the citizen as a participant in its formation and implementation must be built on the principles of equality and justice. the state undertakes to ensure fairness in relations with every citizen. Submitting to the law, state bodies cannot violate its regulations and are held accountable for violations or failure to fulfill these obligations. The binding nature of the law on government is ensured by a system of guarantees that exclude administrative arbitrariness. These include: the responsibility of deputies to voters, the responsibility of the government to representative bodies, disciplinary and criminal liability state officials at any level for failure to fulfill their duties to specific subjects of law. On the same legal principles the responsibility of the individual to the state is built. The use of state coercion must be of a legal nature, not violate the measure of personal freedom, and correspond to the gravity the offense committed. The legal nature of the mutual responsibility of the state and the individual is an important component of the law emerging in society.

The rule of law is a form of organization of political power in the country, based on the supremacy of the rule of law, human and civil rights and freedoms. Law in this case acts as a way of interrelating the state, society and the individual.

The idea of ​​a rule-of-law state arose a long time ago, but a holistic concept emerged only during the formation of bourgeois society, when comprehensive criticism of feudal tyranny and lawlessness intensified, and the irresponsibility of government bodies to society was strongly condemned. Ideas of J. Locke, C. Montesquieu

Signs of a rule of law state:

the primacy of law and law in all spheres of society;

equality of all before the law; separation of powers into three branches;

the reality of human rights and freedoms, their legal and social protection.

recognition of human rights and freedoms as the highest value;

mutual responsibility of the individual and the state;

political and ideological pluralism;

stability of law and order in society.

Basic principles functioning of the rule of law state are:

the rule of law in all spheres of public life, including over government bodies;

recognition and guarantee of human rights and freedoms (see Universal Declaration of Human Rights of December 10, 1948). These rights are granted to a person due to the fact of his birth, and are not granted by rulers;

mutual responsibility of the state and citizen. They are equally responsible for their actions before the law. Their actions are covered by the formula: “Everything that is not prohibited to an individual is permitted to him; everything that is not permitted to the authorities is prohibited to them”;

separation of branches of government. This principle excludes the possibility of monopolizing political power in the country;

division of powers between government bodies at various levels;

control over the implementation of laws by the prosecutor's office, court, arbitration, tax services, human rights organizations, the media and other political subjects.

Not every state that has a legal system and legislation can be considered legal. The lawmaking process can be aimed at ensuring anti-democratic, despotic forms of government. In authoritarian and totalitarian regimes with imaginary constitutionalism, rights and freedoms are only proclaimed. Therefore, in the relationship between the rule of law and the individual, the priority of human rights, enshrined in the constitution, must prevail, which cannot be violated by the legislator and representatives of other government bodies.

Relations between the state and the individual must be based on mutual responsibility.

First of all, the mutual responsibility of the individual and the state is a unique way of limiting political power. It manifests itself in the establishment by the state legal restrictions its activity in relation to the individual, in the adoption by the state of specific obligations aimed at ensuring the interests of citizens, in the presence real responsibility officials for failure to fulfill their duties to society and the individual. In turn, personal freedom cannot be absolute, since it is limited and regulated by the law, interests and rights of other persons. Each person is required to comply with all legal requirements and fulfill his duties to the state and society.

In a non-democratic state, only the responsibility of the citizen to the state is recognized. It seems to grant him rights and freedoms and determine his responsibilities. In a rule-of-law state, on the contrary, the emphasis is on the responsibility of government bodies and officials to citizens for encroachment on their rights and freedoms. This responsibility takes on a real character only if there are relevant regulations that establish the procedure for bringing to responsibility officials guilty of violating the rights and freedoms of citizens, and establish sanctions for this.

The responsibility of the state to citizens is ensured by a system of guarantees, which include:

1) responsibility of the government to representative bodies of power;

2) disciplinary, civil and criminal liability of officials for violation of the rights and freedoms of citizens;

3) impeachment procedure, etc.

Forms of control over the fulfillment of obligations government agencies are referendums, reports of deputies to voters, etc.

The responsibility of the individual to the state is based on the same legal principles. The use of state coercion must be of a legal nature and correspond to the gravity of the offense committed. 68. Separation of powers and the system of “checks and balances” in a rule of law state.

The system of checks and balances is the division of competence between government bodies, ensuring their mutual control. In accordance with the Constitution of the Russian Federation, the mechanism of state power on top level represented by the Federal Assembly - parliament, President and Constitutional Court- body of constitutional jurisdiction. The Constitution of the Russian Federation (Articles 102, 103) empowers the Federal Assembly legislative branch. However legislative powers Federal Assembly strictly defined, firstly, its constitutional competence, secondly, the right of suspensive veto of the President of the Russian Federation and the right federal body constitutional control recognize laws passed by parliament as unconstitutional. Large administrative powers has the President of the Russian Federation in relation to the Government of the Russian Federation as a whole (has the right to dismiss it) and in relation to senior officials of the state: appoints the Chairman of the Government of the Russian Federation (with the consent of State Duma); appoints and dismisses Deputy Prime Ministers of the Russian Federation and federal ministers (on the proposal of the Chairman of the Government); appoints and recalls Russian diplomatic representatives to foreign countries And international organizations(after consultations with the relevant committees or commissions of the chambers of the Federal Assembly), etc.

The judiciary plays a special role in the mechanism of separation of powers. The meaning and purpose of judicial oversight in the separation of powers mechanism is to provide guarantees of protection from the arbitrariness of executive authorities, from the adoption and execution of laws that violate constitutional rights and freedom of citizens. Thus, the Constitutional Court of the Russian Federation has the exclusive privilege to interpret the Constitution of the Russian Federation (Part 5 of Article 125) and to declare acts of state authorities invalid (Part 6 of Article 125). However, the judiciary (including judicial review) is not unlimited. Yes, limits judiciary are limited by rules strictly regulating the very right to go to court. The possibility of the Constitutional Court of the Russian Federation declaring a law unconstitutional is also limited. The court accepts cases on the compliance of laws with the Constitution only at the request of certain bodies and persons (Part 5 of Article 125).