Structure of the Russian Constitution

The Constitution consists of three parts - an introductory (Preamble) and two main sections. In total, the Basic Law of the Russian state contains 137 articles, grouped into chapters.

The first section contains 9 chapters devoted to the characteristics constitutional order state and its federal structure, freedoms and rights of man and citizen, bodies public authority And municipal government, as well as the procedure for amending the Basic Law.

The second section of the Constitution reflects transitional and final provisions on the termination of the old constitution, on the entry into force of a new one, and others.

Features of the Constitution of the Russian Federation

In comparison with previous Constitutions, especially Soviet ones, the Constitution adopted in 1993 is characterized by higher democracy and stability. Besides, current Constitution for the first time established the principle of separation of branches of public power, and also unified the powers territorial subjects countries. The head of state, according to the new Constitution, ceased to be the head executive branch authorities.

One of the principles of the constitutional system modern Russia Democracy was proclaimed. It implies the ability of the people to exercise their influence on the processes taking place in the country directly or through public authorities and municipal government.

Amendment and adoption of the Constitution

According to Article 136 of the Russian Constitution, amendments to chapters 3-8 of the Basic Law, dedicated to the federal structure of the country, authorities and municipal self-government, are adopted in the same manner as provided for federal constitutional laws. They come into force after approval by the authorities representative power subjects of Russia.

Such amendments were adopted for the first time in 2008. They provided for an increase in the presidential term and the term of exercise of powers by State Duma deputies.

There are discussions in the scientific community about the legal force of such laws. Some scholars believe that constitutional laws of this type can be placed in second place in legal force after the Constitution. Others recognize laws on amendments to the Constitution as having the highest legal force, equal to the legal force of the Basic Law.

To sources constitutional law also include legal acts of the Constitutional Assembly Russian Federation, which can cancel or change any provision of chapters 1, 2, 9 Russian Constitution. The Constitutional Assembly is convened to resolve the issue of the need to revise the Constitution or to confirm its immutability. If it is necessary to revise the Basic Law, a draft of the next Constitution is developed, adopted either by a qualified majority of votes of the members of the Constitutional Assembly (two-thirds), or through a popular vote.

Supreme legal force of the Constitution

Under legal force a legal act as a whole is understood as a set of properties that determine the place and role of such an act in a particular legal system. The legal force of an act makes it possible to establish its subordination with other legal acts, identify systemic connections and dependencies in legislation.

Article 15 of the Basic Law states that the Constitution has supreme legal force. The document has direct action, and the scope of its application extends to the entire territory of Russia. Federal laws and other legal acts adopted in Russia cannot contradict the Basic Law.

Higher legal force Constitution means that the Basic Law occupies dominant position in the state legal system and always enjoys unconditional supremacy in the event of a conflict with it in the norms of other legal acts. This rule underlies the activities of all state authorities without exception. For example, the legislator is obliged to proceed from the provisions of an act of supreme legal force when amending existing legislation and preparing new ones. legal norms.

Legal force of acts of international law

According to part four of article 15 of the Constitution, generally recognized principles and provisions international law, and international treaties of Russia are part legal system countries. Moreover, if the law establishes rules other than those of an international treaty, then the rules prescribed in the international treaty apply.

Thus, there is reason to believe that, along with the Constitution, the highest legal force in all regions of the Russian state belongs to international agreements and other acts of international law. Some authors even believe that such acts take precedence over the Constitution, which in essence is also law.

Protection of constitutional norms

In addition to the fact that the Constitution has supreme legal force, it also uses special means legal protection and guarantees. Of particular importance among such means is the constitutional control implemented by the Constitutional Court of the Russian Federation over the compliance of all normative legal acts with the Constitution.

The President of Russia also has the means to protect the Constitution, who has the right to annul acts of the Government, as well as suspend the operation of any acts of the executive branch of government if they do not comply with the Basic Law of the state.

The President also has additional opportunity ensure the supremacy of the Constitution through law legislative initiative and the right to reject adopted by the State Duma and bills approved by the Federation Council.

Direct effect of the Basic Law

The direct effect of the Russian Constitution is expressed in its ability to act as a regulator social relations. This means that the norms set out in the Constitution must be implemented in the work of officials and government bodies, regardless of whether these norms are reflected in sectoral legislation.

The principle of direct application of the Constitution also means the application constitutional norms when resolving cases in courts. In the event that the court, when considering a case, comes to the conclusion that the norms of the applicable law contradict the Constitution, the norms of the Constitution are applied. In this situation, the court is obliged to request a review of the constitutionality of the relevant law from the Constitutional Court of the Russian Federation.

In conclusion, we note that in fact in the Russian legal system there are no sources of law that are on the same level as the Constitution. The significance of the Basic Law is not limited to the supreme legal force of the Constitution, but is also manifested in its supremacy throughout the country, in special protection and protection, as well as in the special procedure for conducting procedures for reviewing, adopting and amending it.

The word "constitution" comes from the Latin constitutio - establishment, establishment, arrangement. IN Ancient Rome individual acts imperial power, by which new orders were established, were called constitutions. Wherein modern meaning This term began to be given exclusively during the period of its emergence bourgeois states when, with the help of the constitution, bourgeois orders were established in a particular country. The first written constitution (i.e., representing a single fundamental law with internal structure, which should have governed all other legal acts in the country) can be called the US Constitution, adopted in 1787 and still in force. In Europe, the first written constitutions were the Constitution of France of 1791 and the Constitution of Poland of 1791. Today, the constitution is not only a legal act. Its content contains guidelines for justice for the entire society.

With all this, constitutions, like any normative legal act, have following signs: universally binding; formal certainty; repeated application of its norms to social relations certain type; security coercive force states.

The Constitution has special legal properties, distinguishing it from all other legal acts. This is due to the fact that in modern conditions the constitution will be the basic law of the state and, unlike other laws, will be an act of legal establishment. In it, the entire way of life of society and the state acquires its original legal form. The Constitution, as the fundamental law of the state, establishes and legally formalizes political form existence of society, organ system state power, establishes the procedure for their formation and method of functioning, secures the rights and rights of a person and a citizen.

Unlike ordinary laws, the basic law of the state must be stable and long-term, therefore the norms of the constitution have general character, and the constitution itself is adopted by referendum (Russia, France, Greece, Spain), convention (USA), constituent assembly (India, Italy) or a specially convened constitutional assembly of the country. The Constitution can be octroied, that is, introduced into unilaterally an act of the executive power - the head of state.

The Constitution of the Russian Federation was adopted by popular vote on December 12, 1993 and came into force on December 25, 1993 after the official vote count of the Central election commission The Russian Federation, which recognized the referendum as having taken place and the Constitution as adopted. In connection with this, the Constitution of the Russian Federation ceased to operate. adopted on April 12, 1978. It was very important step in the implementation of constitutional reform.

But with the adoption of the Constitution constitutional reform in Russia has not ended. Its continuation will be the adoption provided for by the Constitution federal constitutional laws (some have already been adopted, for example on the Constitutional Court of the Russian Federation, on the Government of the Russian Federation), bringing legislation into line with the Basic Law, as well as possible and permissible changes to the Constitution itself.

The Constitution of the Russian Federation consists of a preamble and two sections.

Preamble, i.e. the introductory part, does not contain legal norms, but it is of significant importance, since it indicates the grounds and circumstances that served as the reason for the adoption of the Constitution. Chapter 1, consisting of nine chapters, will be the main part of the Constitution of the Russian Federation. Chapter 2 includes final and transitional provisions.

It was enshrined in the Constitution of the Russian Federation new concept organization of state power, which is based on the idea of ​​separation of powers. In ch. 1 “Fundamentals of the Constitutional System” establishes the basic principles of the organization and activities of the state. Private property recognized and protected by the state along with state and municipal ones; multi-party system and ideological diversity are recognized (Article 13)

In ch. 2 “Rights and rights of man and citizen” in exact terms generally accepted standards and the principles of international law affirm the priority of the rights and rights of citizens over the interests of the state. By the way, this idea will be one of the fundamental ones in the Constitution of the Russian Federation.

Chapter 3 is entitled "Federal Structure". After the signing of the Federal Treaty on March 31, 1992 Russian state became federal not only in form, but also in content.

Today, the territory of the Russian Federation consists of the territories of its subjects (republics within the Russian Federation, territories, regions, cities federal significance Moscow and St. Petersburg, autonomous okrugs, autonomous region) The constituent entities of the Russian Federation managed to find a compromise formula for combining general and private interests, each of them receives constitutional opportunities for full development.

The remaining chapters are devoted to the system of government and principles of organization local government in Russia.

The Constitution of the Russian Federation as the Basic Law of our country has important legal features.

Unlike other legislative acts, the Constitution of the Russian Federation has constituent, fundamental character. It regulates a wide range of social relations, the most important of which affect the fundamental interests of all members of society. Subject constitutional regulation there will be the main features of the political, economic, social and spiritual spheres of society. Therefore, constitutional norms are fundamental for the activities of state bodies, political parties, public organizations, officials and citizens. The norms of the Constitution are primary in relation to all other legal norms.

Supremacy as a legal property of the Constitution of the Russian Federation means that it is significant regulated relations And legal force its norms constitute the pinnacle of the legal system and are valid throughout the Russian Federation. As the main source of law, the Constitution of the Russian Federation contains original beginnings the entire legal system. All laws and other acts of state bodies are issued on its basis and in conjunction with it. Let us note that current legislation develops the provisions of the Constitution. In a number of cases, the Constitution of the Russian Federation contains instructions on the need to adopt one or another law (for example, Article 70 states that the status of the capital of our state is established by federal law) How legal basis legislation The Constitution of the Russian Federation is the center legal space, it determines the consistency of the development and systematization of law.

Supreme legal power The Constitution of the Russian Federation is determined by the degree of its bindingness. The material was published on http://site
All government bodies, local self-government bodies, officials, citizens and their associations must comply with the Constitution (Part 1 of Article 15). Its violation is recognized as an offense, and the perpetrators, depending on the gravity of the offense, are brought to justice. various types responsibility. Strict and exact observance of the Constitution - ϶ᴛᴏ highest rate behavior for all subjects of law.

Direct action The Constitution of the Russian Federation means that the norms and principles established by this can be used directly and directly in regulating specific relationships, no additional regulations are required. The application of the Constitution of the Russian Federation cannot be denied under the pretext of the absence of a federal law or other normative act designed to determine the procedure for the operation of the existing constitutional norm.

Stability The Constitution of the Russian Federation is provided in a special way its acceptance and change. The Constitution is characterized by stability and is protected from hasty adjustments by a special procedure for introducing amendments to it. According to the norms of Ch. 9 The Constitution of the Russian Federation can be adopted either in a referendum or at a specially convened Constitutional Assembly. Amendments to Ch. 3-8 of the Constitution are adopted in the manner established for the adoption of the federal constitutional law(it is necessary that two-thirds of the deputies of the State Duma and three-quarters of the members of the Federation Council vote for the amendment) Then the approval of the amendments by the legislative (representative) authorities of at least two-thirds of the constituent entities of the Russian Federation is required. Suggestions about new edition Ch. 1, 2, 9 are considered by the Constitutional Assembly or can be submitted to a popular vote - a referendum; no amendments are made to them. Revision ch. 1, 2, 9 of the Constitution of the Russian Federation is of fundamental importance, which entails a significant change in the Constitution, almost tantamount to the adoption of a new one. Therefore, the named chapters cannot be revised by the Federal Assembly (Part 1, Article 135)

Legal features of the Constitution of the Russian Federation

The Constitution of the Russian Federation of 1993 will be written. It was adopted by referendum and is amended in a strict manner, with the exception of the procedure for introducing it into Art. 65 new names of subjects of the Federation.

Constitution RF It has direct action(Part I, Art. 15, Art. 18) It is impossible in advance to normatively streamline all possible manifestations of life activity; therefore, the legal system must have means that, in the absence of industry standards can be used to resolve specific life difficulties. It is on this that constitutional norms specialize, designed to close “blank spots” in law enforcement practice. The Constitution acts directly even in cases where the existing legal norms do not suit it. Direct or direct action constitutional norms means the right of citizens to directly rely on them in the exercise of their rights. For example, when going to court to protect the right to a favorable environment it is enough for a citizen to point to the constitutional norm (Article 42) as a source of consolidation this right. It is worth noting that he is not obliged to refer to the norms of environmental, sanitary-epidemiological, urban planning and other legislation. We note that especially since industry legislation may lack the necessary rules.

The Constitution of the Russian Federation has supremacy(Part 2 Article 4, Part 1 Article 15) No act, no matter who it comes from, can be adopted if it runs counter to the provisions of the Constitution. If an act adopted before its entry into force contradicts the provisions of the Constitution, it must be brought into harmony with it. Except for the above, from the said property of the Constitution follows the obligation of the legislator to detail its content in sectoral legislation. This obligation is not at all limited to the adoption of laws directly provided for by the Constitution of the Russian Federation (on state symbols, about the Government, about the Constitutional Court, etc.) Industry legislation should reveal the content of any constitutional norms as much as possible. In the development of constitutional norms special meaning belongs to federal constitutional laws (Article 108) - the transmission link between the Constitution and ordinary legislation, detailing its most important provisions. Detailing task constitutional content lies with law enforcement agencies, the same courts.

The Constitution of the Russian Federation has supreme legal force(Part 1, Article 15) Consequently, in the event of a collision between a constitutional norm and other legal norms, the norm of the Constitution must always be applied. Part 4 art. 15 of the Constitution of the Russian Federation states that if an international treaty of the Russian Federation establishes rules other than provided by law, then the rules of the international treaty apply. The above rule, due to the supreme legal force of the Constitution, does not apply to it itself, as well as to laws amending it.

The supreme legal force of the Constitution of the Russian Federation is supplemented special status Ch. 1 “Fundamentals of the constitutional system.” It is worth saying that the provisions of this chapter cannot contradict any other provisions of the Constitution. This means that the norms that establish the foundations of the constitutional system have greater legal force than other norms of the Constitution. Chapter 1 is sometimes referred to as the “constitution within a constitution.” Other norms of the Constitution of the Russian Federation develop and clarify the provisions of Chapter. 1, follow from them. So, to detail the provisions of Art. 2 of the Constitution of the Russian Federation about man, his rights and rights as highest value and on the obligation of the state to recognize, respect and protect the rights and freedoms of man and citizen, the norms of Ch. 2 “Rights and rights of man and citizen” of the Constitution of the Russian Federation.

Another feature of the Constitution of the Russian Federation is the special procedure for its protection. All government bodies are called upon to ensure the effectiveness of the Constitution. At the same time, the country has established specialized body constitutional control— Constitutional Court of the Russian Federation. TO exclusive competence The Constitutional Court is responsible for the interpretation of the Constitution, verification of constitutionality current legislation international treaties that have not entered into force.

Among the substantive features of the Constitution of the Russian Federation are: a concise but comprehensive consolidation of the structure of the state and non-state institutions; priority regulation of the rights and rights of people in comparison with their responsibilities; the establishment of federalism, a republican form of government, a democratic legal regime. The structure of the Constitution of the Russian Federation includes a preamble and two sections. The first of them has nine chapters, including 137 articles. Section two, “Final and transitional provisions,” consists of nine paragraphs.

It is important to note that some provisions of the Russian Constitution can be qualified as real (for example, norms on the status of the President), others remain largely fictitious (norms on the rights and liberties of man and citizen)

The Constitution as a normative legal act has the following characteristics: legal properties :

1. Supremacy of the Constitution means that the state, state power represented by state bodies, as well as organizations, associations, citizens are subject to the Constitution. According to Article 4, the Constitution has supremacy throughout the entire territory of the Russian Federation. According to Article 15 of the Constitution of the Russian Federation, state authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.

2. Supreme legal force of the Constitution. According to Article 15, the Constitution of the Russian Federation has supreme legal force, direct effect and is applied throughout the territory of the Russian Federation. The supreme legal force of the Constitution means that all laws and other regulatory legal acts must comply with the Constitution, in otherwise the norms of the Constitution apply.

3. Central to the entire legal system. The Constitution is the “core” of the legal system, the basic law of the state. She coordinates legislation and directs lawmaking process, establishes the procedure for the adoption of laws, the main types of by-laws.

4. Special protection of the Constitution. Almost the entire system of government bodies is involved in protecting the Constitution. The President of the Russian Federation is the guarantor of the Constitution. The Constitutional Court of the Russian Federation checks the constitutionality of a number of normative legal acts, and acts recognized as unconstitutional lose force.

5. Special order adoption, amendment and revision of the Constitution. A special, complicated procedure for amending and revising the Constitution (Chapter 9, Articles 134 - 137), characterizes it as “rigid” (in contrast to “flexible” constitutions, amended in the same manner as other laws), ensures its stability.

The Constitution as the fundamental law - an act of long-term action, the legal property of which is stability, that is, the stability of its content.

By the very nature of the constitution it has the quality stability (from the Latin “stabilis” - stable, constant, established at a certain level, not changing). Adoption new constitution must be caused by either a serious, incorrigible defect previous edition, or any global changes in society, social and government structure. Individual changes in it must also require serious justification and occur in a special manner inherent only to the Constitution. Therefore, in most countries of the world a complicated procedure for changing the Constitution has been established.

Features of the Constitution:

1. accepted by the people or on behalf of the people;

2. is of a constituent (primary) nature;

special item constitutional regulation (the Constitution is all-encompassing - political, economic, social, spiritual spheres of society).

Question: Procedure for revising the Constitution of the Russian Federation. Constitutional amendments.

Article 134

Proposals for amendments and revisions to the provisions of the Constitution of the Russian Federation can be made by the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, legislative (representative) bodies of the constituent entities of the Russian Federation, as well as a group of at least one-fifth of the members of the Federation Council or deputies of the State Duma.

Article 135

1. The provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation cannot be revised by the Federal Assembly.

2. If the proposal to revise the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation is supported by three-fifths of the votes total number members of the Federation Council and deputies of the State Duma, then a Constitutional Assembly is convened in accordance with federal constitutional law.

3. The Constitutional Assembly either confirms the immutability of the Constitution of the Russian Federation, or develops a draft of a new Constitution of the Russian Federation, which is adopted Constitutional Assembly by two-thirds of the votes of the total number of its members or put to a popular vote. When holding a popular vote, the Constitution of the Russian Federation is considered adopted if more than half of the voters who took part in the voting voted for it, provided that more than half of the voters took part in it.

Article 136

Amendments to Chapters 3 - 8 of the Constitution of the Russian Federation are adopted in the manner prescribed for the adoption of a federal constitutional law, and come into force after their approval by the authorities legislative branch no less than two thirds of the constituent entities of the Russian Federation.

Resolution of the Constitutional Court of the Russian Federation in the case on the interpretation of Article 136

Article 137

1. 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 admission to the Russian Federation and the formation within it of a new subject of the Russian Federation, on changing the constitutional and legal status of the subject of the Russian Federation.

2. In the event of a change in the name of the republic, territory, region, city of federal significance, 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.

10 question Legal protection Constitution of the Russian Federation.

Special legal protection The Constitution of the Russian Federation is established by law in order to ensure immutability and constancy fundamental principles organizations Russian society: the supremacy of the Constitution as the Basic Law of the state, the essence and guarantees of the rights and freedoms of man and citizen, political, religious and ideological pluralism, separation of powers, parliamentarism, universal voting rights, federal structure and other democratic principles.

Features of legal protection The Constitution of the Russian Federation is that the entire system of state bodies of the Russian Federation, including the President of the Russian Federation, the Government of the Russian Federation, the Federal Assembly of the Russian Federation, as well as judicial system of the Russian Federation, is called upon to ensure compliance with constitutional norms; of course, local government bodies also ensure compliance with constitutional norms in certain populated areas RF.

President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, ensuring and respecting the rights and freedoms of man and citizen in the Russian Federation, as well as the sovereignty of the Russian Federation, its independence and state integrity.

Federal Assembly of the Russian Federation adopts federal laws in pursuance of the Constitution of the Russian Federation, hears reports from the Government of the Russian Federation on their implementation and compliance with constitutional norms in the Russian Federation, exercises other powers to ensure compliance with the Constitution of the Russian Federation by all subjects of legal relations.

Government of the Russian Federation exercises control over compliance with the Constitution of the Russian Federation and constitutional rights and freedoms federal authorities executive power and executive power bodies of constituent entities of the Russian Federation on issues within the jurisdiction of the Russian Federation, joint management Russian Federation and its subjects.

Special place in the protection of constitutional norms belongs Constitutional Court RF. It carries out the following powers to monitor compliance with the Constitution of the Russian Federation: 1) issues acts official interpretation constitutional provisions; 2) checks adopted laws and regulations various organs authorities for compliance with the Constitution of the Russian Federation; 3) in the event of a discrepancy between the normative acts of federal authorities and the authorities of constituent entities of the Russian Federation, it recognizes this act as inconsistent with the Constitution of the Russian Federation and cancels its effect; 4) checks international treaties of the Russian Federation for compliance with the norms of the Constitution of the Russian Federation and recognizes them as consistent or inconsistent with the Constitution of the Russian Federation, and in the latter case Such international treaties are not subject to ratification, and therefore are not subject to application on the territory of the Russian Federation.

Other courts of the Russian Federation have the right to cancel the validity of normative acts of authorities of constituent entities of the Russian Federation and local self-government in case of their non-compliance with the provisions of the Constitution of the Russian Federation at the request of the competent authorities. The legal protection of the Constitution of the Russian Federation is provided by a special complicated procedure for its adoption, amendments or modifications to its text.

All subjects of constitutional and legal relations, including diplomatic and consular missions foreign countries, representative offices of international organizations, their employees using diplomatic and consular immunity, as well as other legally located Russian territory foreign citizens and stateless persons (stateless persons) are obliged to comply with the Constitution of the Russian Federation.

Supreme legal force and direct effect of the Constitution

Until now, in the science of constitutional law there is no precise distinction between the categories of “properties of the constitution” and “features of the constitution.” At the same time, among the “properties” and “traits” there are some phenomena of a legal, political and ideological nature that characterize the constitution.

Author's position is such that from the above-described phenomena, the legal properties of the constitution include its characterization as a normative act in the legal system of the state, and all the rest - distinctive features.

The legal properties of the constitution include: supreme legal force, legal supremacy, direct action, a special procedure for adopting and amending the constitution, special legal protection of the constitution, as well as recognition of the constitution as the basis (core) of the legal system.

The supremacy of the constitution refers not only to the requirement to ensure that all legal acts comply with the content of the constitution, but also to a special legal regime states. It is from this special legal property of the constitution that stems the obligation of all state authorities, local governments, officials and citizens to conform their activities with the requirements of the constitution (the so-called behavioral aspect of the supremacy of the constitution).

The supremacy of the constitution as basic principle building the legal system of the state in the conditions of modern constitutionalism is expressed in the following:

1) the priority of the constitution in regulating the main spheres of life of society and the state;

2) resolution constitutional conflicts and conflicts, based on constitutional norms with corrective action constitutional justice;

3) systemic interpretation constitution to ensure a comprehensive impact on the legal system as a whole.

The supremacy of the constitution is directly related to its supreme legal force. The highest legal power shows the dominant place of the constitution in the legal system of the state. In the event of a conflict between constitutional norms and other legal norms, constitutional norms are applied as having the highest legal force.

It should be noted that the supremacy of the constitution means that it has a supra-legal character. However, having the highest legal force, the constitution is one of the elements of the legal system. The Constitution does not go beyond current law, is its integral integral part. It is the highest legal force of the norms of the constitution that regulate the most important questions, relating to both society and the state, gives integrity and consistency to the legal system of the state.

One of the guarantees that the constitution has the property of supremacy is the recognition of the constitution as the basis (core) for everything current legislation. The Constitution not only forms the legal system (by fixing the types of legal acts, regulating legislative process etc.), but also provides for the need and possibility of adopting regulations that develop its provisions and correspond to it.

The direct effect of a constitution means its immediate effect, application. At the same time, the practice of foreign countries has examples of the indirect effect of some constitutional norms, when their implementation requires the adoption of specific legal acts.

The special procedure for adopting and amending the constitution is intended to guarantee the stability of the constitution, the possibility of changing it only in strictly certain cases, when the changed require it public relations.

Legal protection of the constitution is a set of legal means and methods ensuring the regime constitutional legality, i.e. compliance of all legal acts issued on the territory of the state with the constitution.

There are also doctrinal approaches to legal properties constitution. For example, they highlight the different significance of the constitutional norms themselves. And indeed even Russian constitutional practice recognizes a certain hierarchy of constitutional norms (a striking example of this is Article 16).

The distinctive features of the constitution include: nationality, stability, special content, programming and ideological character.

Nationality is a sign according to which the people should participate in the development and adoption of the constitution. The forms of participation of the people in this process can be different - through direct participation in a referendum on the adoption of a constitution, holding a nationwide discussion of a draft constitution, participating in the elections of parliament or the constituent body adopting the constitution, etc. In some cases similar procedures are only formal, but they are necessary to give legitimacy to the constitutional text.

The stability of the constitution indicates that the constitution is adopted on long time. This property depends on the series external factors both objective and subjective nature(for example, level legal culture). As a result, temporary constitutions sometimes arise, and there may also be a need to adopt a new constitution. However, the stability of the constitution ensures the stability of the legal system of the state and existing social relations in general.

Depending on the circle and volume regulated by the constitution social relations, there are three main models of the constitution - liberal, statist and liberal-statist. The liberal model is characterized by a limited subject of constitutional regulation. Its object is the organization of state power, political and civil (i.e. personal) rights and personal freedoms (economic and social rights are outside the scope of constitutional regulation). The statist model is characterized by an excessive expansion of the subject of constitutional regulation; she practically doesn't leave autonomous spheres public life. The liberal-statist model occupies a middle position between the two above. This model is characterized by an optimal expansion of the liberal model towards social and other benefits (statist model).

Thus, the subject of social relations regulated by the constitution includes the most important aspects political, social, economic and spiritual-cultural spheres in a given society.

The programmatic and ideological nature of the constitution indicates that the constitution is an ideological document and often sets the goals to which society should strive.

There are also doctrinal approaches to the distinctive features of the constitution. So, A.A. Among the latter, Mishin singles out: the proclamation in one form or another of a slogan popular sovereignty, consolidation of the institution of property, reproduction of the theory of the principle of separation of powers, establishment of a form of government and government structure, recognition of individual rights and freedoms, organization of the system of government bodies, regulation foreign policy states. At the same time, everything that has been said merely lists the range of issues regulated by the constitution, which means highlighting them as independent signs- unnecessary.

Department of Law

ABSTRACT

by discipline

JURISPRUDENCE

HIGHEST LEGAL POWER AND DIRECT EFFECT OF THE CONSTITUTION

Completed: Art. gr. AUI-412

/Karyakina E.V. /

Accepted by: professor

/Stetsovsky Yu.I./

MOSCOW 2000

PLACE OF THE CONSTITUTION IN THE SYSTEM OF REGULATIVE LEGAL ACTS OF THE COUNTRY................................................................... ........................................................ ................. 3

HIGHEST LEGAL POWER OF THE CONSTITUTION.................................................... 8

BIBLIOGRAPHY............................................... . 10

Article 15 of the Constitution of the Russian Federation is especially important because it defines the place of the Constitution in the system of normative legal acts of the country. The Constitution forms and consolidates the basic principles of legal regulation, is the basis of all legislation and is an act of supreme legal force.

"1. The Constitution of the Russian Federation has supreme legal force, direct effect and is applied throughout the entire territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.

2. State authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.

3. Laws are subject to official publication. Unpublished laws do not apply. Any regulatory legal acts affecting the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information.

4. Generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply.” (Article 15)

It is known that the legal force of an act is understood as both its binding nature in general and its place in the hierarchy of legal acts. Currently federal legal system includes the following components: the Constitution, federal constitutional laws, federal laws, other normative acts of the chambers Federal Assembly, Presidential decrees, Government resolutions, acts of ministries, state committees and other federal executive authorities.

The hierarchical order of the acts indicates the special legal force of the Constitution. This means that it has supremacy over laws and other legal acts; the latter must proceed from the Constitution and not contradict it. Laws and regulations, contrary to the Constitution, have no legal force. Moreover, not only acts must comply with the Constitution federal legislation, but also acts of state authorities of the constituent entities of the Federation, as well as local governments. The Constitution, extending its effect to the entire territory of the Russian Federation, personifies state integrity, the unity of the system of state power.

The Constitution has direct effect. At the same time, the text of the Constitution itself contains indications of the need to adopt a number of federal constitutional laws and federal laws, whose action will contribute to the development of the provisions enshrined in the Constitution in general form.

The Constitution and laws of the Russian Federation regulate the most important social relations. With their help, the foundations of the constitutional system, the fundamental rights and freedoms of citizens, the state structure, forms and types of property, the foundations of criminal, civil, family and other branches of legislation, as well as other fundamental areas of life of society and the state are consolidated. Thus, their action is universal, generally binding across a circle of persons, in time and space. Accordingly, the obligation to comply with federal legislative acts applies to all government bodies, including government bodies of the constituent entities of the Federation, local governments, as well as to all officials without exception. Law enforcement practice of all government bodies must comply with the Constitution, and officials, regardless of their rank and position, must be held accountable if they violate the norms of the Constitution and laws. Equally obligatory legislative acts Russian Federation for citizens and their associations. The universal binding nature of such acts stems from their potential perception as a measure of justice applied to all citizens equally.

It should be noted that the Constitution and laws of the Russian Federation apply not only to citizens of Russia, but also to foreign citizens and stateless persons located on its territory (with exceptions established by current legislation).

IN democratic state It is imperative that the law be brought to public attention, since transparency in the field of legislation directly affects the rights and legitimate interests of citizens and other subjects of law. Knowledge of laws cannot be the privilege of a select few.

The process of increasing openness of Russian society could not but affect the sphere of promulgation of regulations. In this area there have been significant changes, enshrined in constitutional provisions, according to which the publication of laws and other regulations is closely linked to their entry into force.

Unpublished laws cannot be applied on the territory of the Russian Federation. Moreover, any regulations affecting the rights, freedoms and responsibilities of citizens (and these include Government resolutions and a huge array of departmental acts) cannot be applied unless they are officially published for public information. Given constitutional provision, in essence, means that the laws and other acts specified in Part 3 of the article (or rather, their full and accurate texts) must be published in newspapers or special publications of law-making bodies or on their behalf by other bodies. These publications are distributed by subscription. Regulatory acts come into force, i.e. can be applied and acted only if they are published.

Another important point follows from the above: no one can be convicted or punished on the basis of a law that is not officially published for public information.

In accordance with the Federal Law “On the procedure for publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly”, adopted State Duma May 25, 1994 and approved by the Federation Council on June 1, 1994, the official publication of a federal constitutional law, a federal law, an act of the chamber of the Federal Assembly is considered the first publication of it full text V " Rossiyskaya newspaper"or "Collection of Legislation of the Russian Federation". Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly may be published in other printed publications, and also brought to public attention (published) on television and radio, sent out government agencies, officials, enterprises, institutions, organizations, transmitted via communication channels, distributed in machine-readable form. In addition, the Law establishes that laws, acts of the chambers of the Federal Assembly and other documents can also be published in the form of a separate publication. If changes or additions have been made to a federal constitutional law, a federal law, or an act of the chamber of the Federal Assembly, they can be re-officially published in full.

Federal constitutional laws and federal laws are subject to official publication within seven days after the day of their signing by the President of the Russian Federation. Acts of the chambers of the Federal Assembly are published no later than ten days after the day of their adoption.

When publishing a federal constitutional law and a federal law, the name of the law, the dates of its adoption (approval) by the State Duma and the Federation Council, as well as executive, its signatory, place and date of its signing, registration number. When publishing a resolution of the Chamber of the Federal Assembly, its name, the official who signed it, the place and date of its adoption, and registration number are indicated.

Problem official publication acts is also relevant today because various types of non-state, commercial structures are increasingly trying to take on the role of “informants” about legislation. The latter are not always able to provide complete and reliable information about laws and often under the guise passed laws They do not even reproduce their latest projects in their publications.

International treaties of the Russian Federation regulate Russia's relations with foreign countries And international organizations. They are concluded in accordance with the Constitution and federal laws on behalf of the Russian Federation by authorized federal bodies. After official recognition, ratification and approval of international treaties in in the prescribed manner acquire binding force on the territory of Russia.