constitutional system - it's a system public relations in a country that respects the order established by the norms of the constitution. In other words, this public order existing in the conditions of the actual constitution. The foundations of the constitutional system determine the order of functioning of the main systems of society (economic, social, political), the principles of organization of state power, the foundations of the relationship between the state and the individual, etc. The source for characterizing the foundations of the constitutional system of Russia is the first chapter of the Constitution.
- Fundamentals of the constitutional system
- Articles of the Constitution
1. Democracy
Art. 1, part 1. Art. 3
Russia is a democratic state, the bearer of sovereignty and the only source of power in which is the people (the principle popular sovereignty). The people do not share power with anyone, they exercise it independently and independently of any forces. The people exercise their power: a) directly, b) through the organs of state power, c) through the organs local government
2. Federalism
Art. 1, part 1. Art. 5
Equality and self-determination of the peoples living on the territory of the Russian Federation are ensured. Various forms of national statehood of the peoples of the Russian Federation have been created. Federalism also means the decentralization of power, deprives the central authorities of the monopoly on power, giving the subjects of the Russian Federation a certain independence. The powers of the Federation and its subjects are delimited by the Constitution
3. Rule of law
The rule of law over the state: the state and all its bodies are bound by law, by law. The supremacy of the Constitution is proclaimed, to which all laws must comply
4. Separation
This is the principle of the organization of power in a legal democratic state. United government It is divided into three branches - legislative, executive and judicial; jurisdictions are delimited both horizontally (between authorities of the same level) and vertically (between authorities of the Russian Federation and its subjects). The separation of powers implies a mutual balance between them through a system of checks and balances.
5. Priority of human rights
Man, his rights and freedoms are recognized as the highest value. The state must be at the service of the individual and society. The Russian Federation recognizes, guarantees, observes and protects the inalienable rights of man and citizen.
6. Russian Federation - welfare state
The state does not take care of social protection its citizens, its policy is aimed at creating conditions that ensure a decent life and free development of man. In the Russian Federation, labor and health are protected, a state-guaranteed minimum wage has been established, and governmental support family, motherhood, fatherhood and childhood, state pensions and benefits are established, free healthcare, basic secondary education, etc. are guaranteed.
7. Sovereignty
Sovereignty is an inalienable property Russian state, natural and necessary condition his existence. The sovereignty of the Russian Federation is characterized by supremacy, unity and independence. Supremacy means the completeness of the power of the Russian Federation in resolving all issues of public life, which determines the position of its state power in relation to all other relations in society. The state power independently issues rules of conduct binding on all members of society, establishes and ensures a unified legal order, guarantees and protects the rights and freedoms of citizens, determines the rights and obligations officials and government agencies. More importantly, dominance federal government in relation to the authorities of the subjects of the Federation. legal expression the rule of the Russian Federation is the supremacy of federal laws in relation to other regulations published in the Russian Federation. The unity of sovereignty presupposes the unity of the power of the Russian Federation and the entire territory of the country. constitution and federal law have the same legal force throughout the Russian Federation. The independence of the Russian Federation as a property of its sovereignty means independence from the authorities of other countries. Russia is independent in relations with other states that cannot interfere in its internal affairs. The territory of the Russian Federation is inviolable and cannot be changed or used without the consent of the Russian Federation.
8. Economic diversity and freedom of economic activity.
Art. 8, art. 9, part 2
A variety of forms of ownership and their equal protection are being consolidated: private, state, municipal, etc. various forms land may also be owned. The Russian Federation guarantees a single economic space, free movement of goods, services, capital and labor, and supports competition.
9. Political diversity (pluraism)
Art. 13, part 3-5
The Russian Federation recognizes and allows for the presence of diverse political structures functioning in society, including a multi-party system. The activity of the political opposition is legal. However, it is prohibited to create and operate such public associations whose goals are aimed at forcibly changing the foundations of the constitutional order, the integrity of the state, at inciting social, racial, religious, national hatred.
The constitutional system is an ordered system of dominant social relations in which the essence of society and the state, their organization and interaction are realized.
The most important resulting social relations constitute the foundations of the constitutional system, that is, the foundations of society and the state. They are distributed and regulated by the norms of Ch. 1 of the Constitution of the Russian Federation, and these norms are legal framework constitutional system of the Russian Federation.
The constitutional system includes three spheres of social relations: political (relations political power, i.e. the political system of society), economic (relations associated with the organization of production, distribution, consumption and exchange, vital goods, i.e. the economic system of society) and socio-cultural, i.e. relations associated with social structure and culture of society.
The political system of Russian society is a mechanism of democracy, through which the political will of the people is transformed into their political power. Part political system institutions of political power and, first of all, the state. Among the institutions of political power, the state occupies a special place, since only it has the ability to exercise power sovereignly, that is, supremely, independently and independently. AT necessary cases his power is based on the apparatus of coercion. At the same time, the state is the main subject of lawmaking: without it, legal norms cannot be issued.
The modern Russian state is a democratic state, i.e. expressing the will of the majority of the people. Ideally, it should become a legal constitutional state, that is, functioning on the basis of the real rule of law, protecting citizens from the arbitrariness of power. It is also social, that is, it ensures social equality and social justice. Finally, the Russian state is secular, since the church is separated from it.
According to the form of government, the Russian Federation is a presidential republic, primarily because it is the popularly elected President of the Russian Federation that determines the main directions of state policy. At the same time, it also contains some features of a parliamentary republic (the presence of a chairman of the Government of the Russian Federation, the possibility of dissolving parliament, expressions of parliamentary distrust in the Government of the Russian Federation, etc.).
The democratic essence of the state ensures the development civil society- a system capable of developing in conditions of relative independence, when each individual feels himself not only individual but also an active member of society. Civil society does not allow totalitarian state intervention in all spheres of life, is capable of self-government. The very same democratic state, in contrast to the totalitarian, does not oppose society and man; it exists for society and man, serves their needs.
Within the framework of the political system, numerous public associations closely interact with a democratic state: political parties, socio-economic organizations of workers and entrepreneurs, creative and other associations that build their organization and activities on a strictly voluntary basis. Public associations do not set themselves purely commercial or confessional (religious) goals. They may arise on their own, but those who do not wish to register with the bodies of the Ministry of Justice do not receive rights legal entity, i.e., they cannot directly enter into legal relations.
Public associations that have as their goal the violent overthrow of the constitutional order, incitement of interethnic, religious hatred, etc., cannot be created and operate. Associations that violate the law can be banned and liquidated, but only in a judicial proceeding.
The state does not interfere in the lawful activities of public associations. However, they are supervised by the relevant bodies of the prosecutor's office, the Ministry of Justice of the Russian Federation.
A special role is played by political public associations, primarily parties and mass movements specially created to participate in political life, in the struggle of various public structures to achieve or retain political power. Such associations are subject to mandatory registration.
AT modern Russia the party system is still taking shape. There are many parties, movements and blocs pursuing different political goals. Among them are national, for example: "Fatherland - all Russia" and regional ("Ittifak" in Tatarstan), parliamentary and non-parliamentary, institutionalized (KPRF) and informal.
Among the institutions of political power, a referendum should be singled out. In the science of law, consultative and imperative referendums are distinguished. A consultative referendum is a popular discussion of a law or decision being prepared, during which the attitude of society to this act is revealed, and then the corresponding act is issued in the usual manner. An imperative referendum means that voters themselves accept or reject a specific act (decision) by voting. Usually the most important issues are submitted to the imperative referendum. So, through such a referendum on December 12, 1993, the current Constitution of the Russian Federation was adopted. But it should be borne in mind that the concept of "referendum" used in the constitution means only one of its varieties - an imperative referendum.
A referendum, like elections, is a form of direct, that is, immediate, democracy, since society uses them to directly exercise its political power. However, the vast majority of legal acts and political decisions are made with the help of representative institutions, i.e. bodies representative democracy(for example, parliaments where representatives of the people are elected); these representatives (deputies) are instructed by the people to adopt specific acts and decisions on their behalf.
The Constitution also establishes such a form of democracy as local self-government.
Finally, in the process of exercising political power, the means mass media, the church and some other institutions that are not formally considered institutions of power, but have a noticeable influence on it.
The economic system of society includes, mainly, such components as property, market economy, socially useful labor.
The Constitution of the Russian Federation enshrines the plurality of forms of ownership - private, state, municipal, etc., while establishing their equality before the law, equal to their protection from encroachment. Property disputes are settled in court.
The basis of the economy is a socially oriented market economy. Our economy is characterized by such features as freedom entrepreneurial activity and competition, diversity, consumer protection. The state, within the limits established by law, exercises control in the sphere of the economy, pursues a policy that promotes the optimal development of large, medium and small businesses. Monopolies are limited by measures of legislative and economic regulation.
Socially useful work is a legitimate labor activity. Encouraging such activities, the Constitution of the Russian Federation enshrines the freedom of labor and protects forced labor.
In the socio-cultural sphere of the constitutional system of Russia for last years there have been major changes, primarily related to the stratification of classes, the emergence of new social structures for us, such as the entrepreneurial bourgeoisie, farmers. The number of marginals, i.e., the least well-off and protected sections of the population, has increased. The denationalization of social relations continues. The decline in production and the lack of a well-thought-out social policy do not yet allow solving the acute problems of social justice. Nevertheless, the state takes measures to protect and materially support motherhood and childhood, the elderly, the disabled, the unemployed; certain opportunities remain in the areas of employment, free education and health care.
The Constitution of the Russian Federation provides for the free development of culture, the protection of ancient monuments and the exchange between the national cultures of the peoples of Russia.
In Russia, the only source of power is the people. Democracy - the will of the people in governing the state directly or through representatives, which is carried out freely by the people, but in accordance with the requirements of the law, their sovereign will and the interests of the state. AT Russian Federation power is legitimized and controlled by the people, citizens of the Russian Federation.
Elements of democracy in the Russian Federation:
- collective subject - citizens of the Russian Federation;
- the object is power.
Forms of democracy:
- direct (direct) democracy;
- representative (indirect) democracy.
Direct democracy is the direct expression of the will of the people or part of them to resolve the most important regulatory issues for the state public life.
Kinds direct democracy:
- referendum;
- elections;
- peaceful meetings, rallies, demonstrations, processions, picketing, etc.;
- people's law-making initiative to local governments, the initiative of citizens to hold a referendum;
- individual and collective appeals of citizens to state bodies and local self-government bodies.
The highest forms of direct democracy are the referendum and elections. Constitutional guarantees of democracy - elections that are held in the Russian Federation on the basis of:
- universal;
- equal;
- secret ballot.
Depending on the content of the institution, institutions of direct democracy can be:
- ways of making a binding and final decision (free elections, referendum);
- forms of expression of popular opinion that have a consultative but not mandatory value for decision-making by the authorities (rallies, demonstrations, discussion of a draft law, etc.).
Representative democracy (democracy) is the exercise of power by the people through representative bodies state power and local government.
Organs of representative democracy:
- the highest collegiate bodies of legislative power (the State Duma of the Federal Assembly of the Russian Federation, the parliaments of the constituent entities of the Russian Federation, city dumas, etc.);
- individual bodies (President of the Russian Federation, presidents of the republics within the Russian Federation, governors of territories, regions and autonomies, mayors of cities, etc.).
Depending on the immediacy of the will of citizens and its influence on the management of power in the formation of government bodies, representatives of the people of various degrees are distinguished:
- bodies directly elected by the people (the State Duma, the President of the Russian Federation, etc.);
- bodies formed by representative bodies of the first degree (Government of the Russian Federation, Commissioner for Human Rights);
- bodies formed by representative bodies of the second degree ( Accounts Chamber etc.), etc.
Forms of indirect democracy:
- discussion of draft laws and other critical issues public life of the state;
- people's law-making initiative to the legislative bodies of the Russian Federation;
- participation of citizens in the management of society through local governments, public organizations, gatherings and meetings of citizens;
- individual and collective appeals of citizens to state authorities and local self-government bodies on all issues.
As a result of studying the chapter, the student must:
- – know definition of the concept of the foundations of the constitutional system; types of foundations of the constitutional order; concepts legal status personality; the essence of the term "highest value";
- – be able to compare the terms "constitutional system", "social system", "state system"; show the relationship between the foundations of the constitutional system of Russia and the universal values developed by world civilization;
- – own the skills of analyzing the influence of the foundations of the constitutional order on other constitutional and legal institutions, highlighting the main problems in regulating the foundations of the constitutional order, modeling ways and means of resolving them.
Foundations and structure of the constitutional system
Section one of the Constitution of the Russian Federation opens with Ch. 1 "Fundamentals of the constitutional order". The concept of the foundations of the constitutional system is new both for the Constitution of the Russian Federation and for science. constitutional law.
The constitutions of the Soviet period used the concepts of social order (social structure, its foundations) and political system.
concept "social order" included the economic and political system of society, its social foundations.
Under economic system of society understood the totality of social relations expressing the main foundations of production, distribution and exchange in the sphere economic life society.
Under political system of society understood the mechanism of democracy, with the aim of ensuring the management of state and public affairs according to the will of the people. The political system consisted of the state, public associations and political parties. According to the Constitution of the RSFSR of 1978, the political system included labor collectives, which were endowed with a number of powers to participate in the political life of the country, in particular, to participate in the elections of representative bodies of state power.
The social basis of society formed a relationship between social groups and sections of society.
concept political system indicated the main characteristics of the state, its territorial organization, systems of state bodies, the procedure for their formation and interaction both among themselves and with citizens and their associations.
concept "constitutional system"is broader. It includes a description of both the social and the state system. A constitutional system is possible only in a constitutional constitutional state. The main hallmark legal (constitutional) state is the subordination of the state to law. In its activities, in the exercise of all forms of power, it is limited and bound by law.
Constitutional system of the Russian Federation- the structure of society and the state enshrined in the Constitution of the Russian Federation, the hallmark of which is the subordination of the state and society to law.
The subordination of the state and society to law must be ensured by guarantees, which are at the same time the foundations of the constitutional order. Fundamentals of the constitutional order are universal values developed by world civilization, which arose during the period of bourgeois revolutions and were adopted by the constitutions of modern democratic states, including the Constitution of the Russian Federation. They have a universal character for world civilization, they determine the relationship between the individual, society and the state. Fixed ch. 1 of the Constitution of the Russian Federation, the foundations of the constitutional system are norms-principles developed by the norms of other chapters of the Constitution of the Russian Federation. Their special legal nature, the rule is secured special order their revision under Art. 135 of the Constitution of the Russian Federation. Define specific types of foundations of the constitutional order of the Russian Federation.
The most important subject of constitutional and legal relations is the people. In a constitutional state, the participation of citizens in the exercise of power, both directly and through representatives, must be fixed and ensured. S. A. Kotlyarevsky wrote that "in a constitutional state, every full-fledged citizen, through his representatives, is a participant in the creation of that act of state will, which is called law; he does not receive this command from the outside, as something alien to him." A constitutional state presupposes the existence of a direct and representative democracy. It brings representatives and represented closer together and seeks to create a single civil society out of both.
Civil society is a consequence of the long development of society itself, social progress, culture, civilization. It represents a special style of life, thinking and communication, a special economic structure. Civil society is an open, democratic, self-developing society in which a person, a citizen, an individual takes the central place. In civil society, the integration of the individual and the state occurs through independent social institutions such as the church, political parties, and public associations. The task of civil society in the face of such social institutions is to ensure the autonomy of a person from the state, to protect one hundred basic rights, freedoms and legitimate interests from abuse by state apparatus, its officials.
Consequently, democracy is the most important feature of a constitutional state and at the same time the basis of the constitutional order.
An integral part of the Russian people are citizens of the Russian Federation. An indispensable condition for democracy is the observance and protection of human rights and freedoms. Fixing a person, his rights and freedoms as the highest value is the most important guarantee of the subordination of the state to law and an indispensable condition for recognizing the state as constitutional. The recognition of a person as the highest value, and the obligation of the state to recognize, observe and protect the rights and freedoms of a person and a citizen, is an integral part of democracy as the basis of the constitutional system of the Russian Federation.
The most important subject of constitutional and legal relations is the Russian state as state organization Russian multinational people. Characteristics Russian state dedicated to a number of articles. 1 of the Constitution of the Russian Federation, which together characterize it as foundation of the constitutional order.
A state in which the subordination of the state apparatus, all officials, citizens to law is ensured is called legal. It is no coincidence that in the pre-revolutionary science of constitutional law the terms "constitutional" and "legal" state were used as identical in content. According to V. M. Gessen, "only constitutional state may be a legal state; identification of the concepts of legal and constitutional state is common place modern German doctrine state law" . That's why legal nature constitutional state is a sign of the Russian state as the basis of the constitutional order of the Russian Federation.
Ensuring the rights and freedoms of man and citizen, the rule of law in the state and public life of the country presupposes and requires a consistent and strict division of power into legislative, executive and judicial. The people are the source of power. However, the powers to exercise power are distributed among the three branches of power, which are independent of each other in their composition and position, and restrain each other. The essence of the separation of powers- in ensuring the protection of the freedom of citizens by creating a system of checks and balances between the legislative, executive and judicial authorities, neutralizing tendencies to seize power by one or another group of citizens or an individual official.
Thus, the next sign of the Russian state as the basis of the constitutional order is separation of powers.
Since the main duty of the constitutional state is the recognition, observance and protection of the rights and freedoms of man and citizen, it must create conditions that ensure a decent life and free development of a person. Consequently, the constitutional state must be social, the policy of which is aimed at creating conditions that ensure a decent life and free development of a person.
The social character of the constitutional state- a sign of the Russian state as a constitutional basis.
In order to guarantee the fundamental rights and freedoms of man and citizen, to ensure democracy by the people, the state must be sovereign, i.e. to possess the qualities of supremacy, autonomy and independence in the exercise of state power both within the country and in the international arena. A state cannot be constitutional if it does not possess the qualities of supremacy, self-sufficiency and independence, whose leaders receive monetary support from a foreign state.
The sovereign nature of the Russian state is the basis of the constitutional order of the Russian Federation.
A significant role in the functioning of state power, determining the nature of relationships, the distribution of competence between central government bodies and authorities constituent parts state has its form of government. The Russian state in the form of state structure is federal, which is the next sign of the Russian state as the basis of the constitutional order.
In Russia, no religion can be established as a state or obligatory one. Religious associations separated from the state and equal before the law. What has been said determines the secular nature of the Russian state and constitutes one of its constitutional features.
The form of government of the state is important for determining the system of state authorities, the order of their formation and interaction. Article 1 of the Constitution of the Russian Federation, as an integral feature characterizing the Russian state, enshrined republican form of government.
A constitutional system is impossible without not only legal, but also real ideological and political diversity. In a constitutional state, no ideology receives the status of an official state or mandatory. A variety of political ideas regarding the ways of Russia's development can be developed, developed and propagated by diverse and equal political parties before the law. To express and protect the interests of various groups of citizens, public associations are created before the state. Political parties and public associations representing different opinions as ideological currents, a necessary condition for the existence of a civil society. So, ideological and political pluralism – basis of the constitutional order of the Russian Federation.
Democracy, the highest value of a person, his fundamental rights and freedoms, legal and social character states, the separation of powers implies the need for local self-government, which can be considered prerequisite the constitutional nature of the state. Local self-government as one of the forms public authority people provides independent solution population of local issues, possession, use and disposal municipal property. Local self-government is exercised by citizens through a referendum, elections, other forms of direct expression of will, through elected and other local self-government bodies. It is carried out in urban rural settlements and in other territories, taking into account historical and other local traditions.
So, local government the next basis of the constitutional order of the Russian Federation.
The most important guarantees of the constitutional nature of the state are: recognition and equal protection of private, state, municipal and other forms of ownership; unity of the economic space, free movement of goods, services and financial resources, support for competition, freedom economic activity, which make up economic basis of the constitutional system of the Russian Federation.
Not all of the listed foundations of the constitutional system are mandatory for the recognition of the system of a certain state as constitutional. Democracy, the highest value of a person, his rights and freedoms, the democratic, legal, social nature of the Russian state, the separation of powers, local self-government, ideological and political pluralism are mandatory features of a constitutional state, characterize the foundations of the constitutional order of Russia.
However, the Constitution of the Russian Federation in Ch. 1 names such signs of the Russian state as republican form of government, federal structure, secular character. Their inclusion in the first chapter can be explained by the desire of the legislator to give the most complete description Russian state. However, the symptoms listed
The Russian state cannot be recognized as binding for the recognition of the constitutional order of any state. So, some states have a monarchical form of government (Great Britain, Denmark, Sweden), unitary state structure(Spain, Norway, Finland, Sweden), however, they are recognized as constitutional states with a constitutional system.
In addition, although individual states consolidate the equality of religious denominations, one of the religions is recognized as the most traditional, enjoys certain privileges and has a great influence on the life of these countries (Italy, Japan, England).
The foundations of the constitutional order of Russia can be classified into the foundations of a constitutional state and the foundations constitutional society.
To the foundations of a constitutional state include: democracy, republican form of government, separation of powers, rule of law, welfare state, federal state, sovereign state, secular state.
To the foundations of a constitutional society include: ideological and political pluralism; economic basis communities, local government.
The main principle of the constitutional order, penetrating the content of both the foundations of the constitutional state and the foundations of the constitutional order of society, is formulated in Art. 2 of the Constitution of the Russian Federation, the principle: "Man, his rights and freedoms are the highest value."
- Kotlyarevsky S. A. constitutional state. SPb., 1907. S. 9.
- Gessen V. M. Fundamentals of constitutional law. 2nd ed. Petrograd, 1918. S. 6.
Constitution of the Russian Federation was adopted on December 12, 1993, as the highest legal document of the country, which has the greatest legal force. Russian Constitution establishes the foundations of the constitutional order, the structure of the state, the formation of government bodies, the system of local self-government, as well as the freedoms and rights of citizens of the country.
The first attempt to adopt a constitution in Russia was made by Catherine II in 1730, who founded the so-called Code, which was, in fact, a estate constitution. To do this, she convened a special Legislative Commission. Later there were attempts by Alexander I and Alexander II, but the first constitution of Russia was the "Basic state laws Russian Empire”, adopted in 1906. Then there were three versions of the Constitution of the USSR (1924, 1936, 1977). Until 1993, the Constitution of the RSFSR of 1978 was in force in the Russian Federation, with some amendments.
The drafting of the Constitution was very difficult. In addition to many contradictions in new and old norms and laws (and the Constitution of the RSFSR was taken as the basis), there were also many disputes, disagreements and conflicts among representatives of the legislative and executive authorities.
As a result, the confrontation between the president and the company (Yeltsin, Chernomyrdin) against the Supreme Council and the company (Khasbulatov, Rutskoy) resulted in an armed clash near the House of Soviets with the participation of tanks and riot police, as well as a considerable amount of shed blood, including civilian. As a result, on December 12, 1993, a popular vote was held, in which 58% of citizens voted for the draft of the new Constitution. The popular vote was deliberately not called a referendum to get around the delays associated with the complex referendum law.
Structure of the Constitution of the Russian Federation.
The Constitution of the Russian Federation consists of the Preamble and two sections:
- Preamble (fixes democratic values and determines the place of the Russian Federation in the world).
- Section one:
- Chapter 1. Fundamentals of the constitutional system.
- Chapter 2. Rights and freedoms of man and citizen.
- Chapter 3. Federal structure.
- Chapter 4. President of the Russian Federation.
- Chapter 5 Federal Assembly.
- Chapter 6. Government of the Russian Federation.
- Chapter 7. Judicial power and prosecutor's office.
- Chapter 8. Local self-government.
- Chapter 9. Constitutional amendments and revision of the Constitution.
- Section two (final and transitional provisions).
Amendments to the Constitution.
Entities having the right to propose constitutional changes and amendments:
- The president.
- Council of the Federation.
- The State Duma.
- Government of the Russian Federation.
- Legislatures subjects of the Russian Federation.
- A group of at least 20% members of the Federation Council or deputies of the State Duma.
The main differences from the Constitution of the RSFSR:
- Liquidation of the Soviet system.
- Changing the structure of the concept of private ownership of land and subsoil.
- Elimination of the post of Vice President.
- Equalizing the powers of the subjects of the Federation.
- Changing the term of office of the president from 5 to 4 years (after 2012 it became 6 years).
- Elimination of the age limit of a presidential candidate (was 65 years old).
- Formation of the Federal Assembly of the Russian Federation.
- Changing the text of the presidential oath.
- Changes in the name, powers and other changes regarding some subjects of the federation.
- Many changes in the structure of legislative and executive power in the constituent entities of the Russian Federation.
The constitutional system of the Russian Federation.
Fundamentals of the constitutional order of the Russian Federation:
- Democracy (democracy).
- Federalism.
- Russia is a social state (the policy is designed to ensure a decent life for the citizens of the country).
- Russia is a secular state (no religion can be state or obligatory).
- Ideological and political diversity, multi-party system (except for those ideologies that incite racial, national or religious strife and enmity).
Form of government of the Russian Federation- a democratic state with a republican form of government.
According to Dmitry Medvedev's statement, Russia is a presidential and by no means a parliamentary republic. The government is pursuing the president's course, not the other way around. The President is both the Head of State and the Supreme Commander-in-Chief.
Federal Assembly- the highest body of legislative power, consisting of two chambers:
- top - Council of the Federation;
- bottom - The State Duma.
Government of the Russian Federation- the highest body of executive power, consists of the Chairman and federal ministers.
The judiciary is represented Constitutional Court and Supreme Court .
December 12 announced public holiday- Constitution Day (according to the decree of the President of the Russian Federation), and is also considered a non-working day.
constitutional system- the structure of society and the state, enshrined in the norms constitutional law.
The constitutional system is characterized by special principles (basic principles) that underlie the relationship between a person, the state and society. Today in Russia, the state is a political organization of civil society, has a democratic legal character and a person in it, his rights, freedoms, honor, dignity are recognized as the highest value, and their observance and protection is the main duty of the state.
Constitutional and legal norms that fix the foundations of the constitutional order, forms and institutions of the political structure of society, the foundations of the economic system are institute of foundations of the constitutional order, which occupies a leading place in the system of constitutional law.
Its norms are concentrated in ch. 1 "Fundamentals of the constitutional system" of the Constitution of the Russian Federation. It is noteworthy that each principle expressed in these norms is the basis, the starting point for the provisions of other chapters of the Constitution. The content of some fundamentals is expressed not in one, but in several articles. Thus, the characterization of Russia as a state is contained in Art. 1,7, 14 of the Constitution. The Russian Federation is defined as a democratic federal legal state with a republican form of government; as a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person; as a secular state in which no religion can be established as a state or obligatory.
The Russian Federation is thus being formed as a constitutional state, limiting itself to the framework of the Basic Law.
Fundamentals of the constitutional order
The foundations of the constitutional order of Russia include such principles for the structure of the state and society as:
- man, his rights and freedoms as the highest value;
- democracy;
- full sovereignty of the Russian Federation;
- equality of subjects of the Russian Federation;
- single and equal citizenship, regardless of the grounds for its acquisition;
- economic freedom as a condition for the development of the economic system;
- separation of powers;
- guarantees of local self-government;
- ideological diversity;
- political pluralism (principle of multi-party system);
- the priority of the law;
- priority of generally recognized principles and norms international law and international treaties of Russia before national law;
- a special procedure for changing the provisions of the Constitution of the Russian Federation, which constitute the foundations of the constitutional order.
Considering a person, his rights and freedoms as highest value The Constitution thus determines the order of relations between the state and the individual. “Recognition, observance and protection of the rights and freedoms of man and citizen,” Art. 2 of the Constitution is the duty of the state. This principle is fundamental in establishing the legal status of a person and a citizen in the norms of Ch. 2 of the Constitution of the Russian Federation. and also indicates the possibility of forming rule of law.
In accordance with Art. 3 of the Constitution of the Russian Federation as the bearer of sovereignty and the only source of power in Russia is her multinational people. The essence of the principle of democracy lies in the fact that the people exercise power directly, through a referendum and free elections, as well as through elected representative bodies of state power and local self-government bodies. Democracy is protected by the constitutional prohibition to assign power in the Russian Federation to anyone. Seizure of power or appropriation powers of authority in accordance with Part. 4 Article. 3 is prosecuted under federal law.
The fullness of sovereignty The Russian Federation is the basis of the statehood of our country. The content of this principle is the characteristics of Russian statehood: the supremacy of state power, unity, and independence in relations with other states. Despite the federal structure of Russia, it is an integral state, and the Constitution and federal laws operate throughout the state. Art. 4, fixing the principle under consideration, along with the following principle, constitute the basis for the provisions of Ch. 3 "Federal structure" of the Constitution.
Equality of subjects of the Russian Federation first enshrined in the current Constitution. Part 1 Art. 5 gives a complete list of types of subjects of the Russian Federation: republics, territories, regions, cities federal significance, Autonomous region and autonomous regions. The basis for the equality of the subjects of the Russian Federation is their constitutionally enshrined equality in relations with federal authorities state power. However, this provision is programmatic. The constituent entities of the Russian Federation have not achieved actual equality, as evidenced by the process of concluding bilateral agreements on the delimitation of powers between a significant part of the constituent entities of the Russian Federation and federal government bodies.
Citizenship- this is a special political and legal relationship between the individual and the state, characterized by the establishment of mutual rights, duties and responsibilities between them, based on the recognition and respect for the dignity, fundamental rights and freedoms of a person. Citizenship is a fundamental element of the legal status of an individual. AT in full rights and freedoms in the territory of the state are enjoyed only by its citizens. The Constitution of the Russian Federation in Art. 6 proclaims a single and equal citizenship, regardless of the grounds for its acquisition. For the first time, a constitutional ban has been established on depriving a citizen of Russian citizenship, as well as a ban on depriving him of the right to change Russian citizenship to the citizenship of another state.
Market relations can develop only under conditions economic freedom and equality of all forms of ownership. Articles 8 and 9 of the Constitution establish a guarantee of uniform civil law regulation throughout the territory of the Russian Federation. This is expressed in the unity of the economic space, free movement of goods, services and financial resources, support for competition, and freedom of economic activity. The state recognizes and protects equally private, state, municipal and other forms of ownership, including land. At the same time, the earth and others Natural resources considered as the basis of life and activity of the peoples living in the respective territory.
Separation of powers characterizes Russia as having entered the period of formation of a democratic legal state. The purpose of the division of power into three branches: legislative, executive and judicial - is to avoid arbitrariness in the activities of state authorities, the division of powers between them in such a way that they, through their activities, create the most favorable conditions for citizens to exercise their own rights, freedoms and duties. The proclamation of this principle in Art. 10 of the Constitution is also programmatic, since there are two more types of public authorities: the President and the prosecutor's office. In accordance with Art. State power in Russia is exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation and the courts of the Russian Federation. Article 129 of the Constitution establishes that the Prosecutor's Office of the Russian Federation constitutes a single centralized system, without specifying the place of this body in the system of separation of powers.
Thus, in accordance with the current Constitution, the following types of state bodies have been formed: the Federal Assembly of the Russian Federation, which embodies legislature; Government of the Russian Federation executive power; federal courts(Constitutional Court, Supreme Court, Supreme Court of Arbitration and other federal courts) judiciary; The President of the Russian Federation is the head of state, ensuring the coordinated functioning and interaction of state authorities (Article 80); prosecutor's office - supervisory authorities.
An important principle in the formation of the rule of law is the establishment guarantees of local self-government. The Constitution does not fix the systems and types of local governments, since they are not included in the system of state authorities, but indicates (in Article 12) the independence of local governments within their powers.
Art. 13 of the Constitution establishes two principles that determine the formation and development of the political system of Russian society. Principle of ideological diversity lies in the fact that no ideology can be established as a state or mandatory. The principle of political pluralism (political diversity) implies a plurality. A feature of the implementation of these principles is the constitutionally guaranteed equality of all public associations before the law. Part 5 Art. 13 of the Constitution establishes a ban on the creation and activities of public associations whose goals or actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national and religious hatred.
Russia is a constitutional state, where the Constitution, as the Basic Law, has the highest legal force, has direct effect, i.e., it is applied by the courts in the administration of justice and is applied throughout the territory of the Russian Federation. Laws and others legal acts must not be contrary to the Constitution. Main in manifestation the principle of the priority of law is a constitutional obligation of all public authorities, local governments, officials, citizens and their associations to comply with the Constitution of the Russian Federation and laws (part 3 of article 15). The content of this principle is supplemented constitutional guarantee setting legal framework for the state interested in the observance of laws, since it is it that is the legislator: “Laws are subject to official publication. Unpublished laws do not apply. Any regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information” (part 3 of article 15).
The principle of priority of the norms of international law and international treaties of Russia over national law characterizes the position of the Russian Federation in the international community of states. As a member of the UN, Council of Europe, other international organizations, Russia bears the obligations arising from the decisions taken by these organizations. By concluding agreements with other states, Russia assumes the obligation to fulfill their conditions. All these norms are included in the composition of Russian national law only after the ratification of these acts. State Duma. Part 4 Art. 15 of the Constitution establishes that the generally recognized principles and norms of international law and international treaties of the Russian Federation are part of its legal system. The guarantee of the implementation of this principle is the constitutionally fixed requirement: if international treaty established rules other than statutory, then the rules of the international treaty apply.
Special procedure for amending the provisions of the Constitution, which form the basis of the constitutional order of Russia, acts as a fundamental principle that provides not only stability Basic Law, but the inviolability of the state system of the Russian Federation. The content of this principle includes two main provisions;
- the provisions of Ch. 1 of the Constitution cannot be revised by the Federal Assembly;
- no other provisions of the Constitution may contradict the foundations of the constitutional system of the Russian Federation.