  Introduction
The appearance of the first constitutions dates back to the era of bourgeois revolutions in the late XVIII - early XIX century.
Then the victorious bourgeoisie wanted to legally consolidate the new order of government of the country.
The influence of the Enlightenment era, the birth of new ideas of natural and inalienable human rights, the need for the separation of powers, the inviolability of private property, the right to revolt against those governments that use tyrannical power also played a role.
The word “Constitution” - Latin origin, from constitutio, - establishment, dispensation.
Traditionally, this term defines the Basic Law of the state, which defines its social and state structure, the electoral system, the principles of organization and activity of authorities and management, the basic rights and obligations of citizens.
The Basic Law is the foundation of legislation regulating the relations of citizens with each other and with the state.
The Constitution is necessary so that laws do not contradict each other and do not violate the rights and freedoms of citizens, it also establishes its initial principles and purpose, functions and foundations of the organization, forms and methods of activity.
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The development of the Russian state confirms the general rule of our time: every country that considers itself civilized has its own constitution.
There are five constitutions in the history of the Russian Federation 1918, 1925, 1937, 1978, respectively, and the current Constitution of 1993.
The validity periods of the former constitutions of the RSFSR were consistently 7, 12, over 40 and 15 years, which indicates, given the complex historical path of Russia's development, in general, relative
stability of the constitution.
The adoption of each of them marked significant changes in the life of society, summed up the previous development, defined, as a rule, a qualitatively new stage in the history of the state, reflected the approval of new concepts or the deepening and improvement of the previous ones.
The scientific works of M. V. Baglay, B. N. Gabrichidze "Constitutional law of the Russian Federation"are devoted to the issues of the Constitution,
Voevodin L. D. Constitutional rights and obligations of Soviet citizens, 1972, Baglay M. V. "Constitutional law Russian law of the Russian Federation", E. I. Kozlova, O. E. Kutafin "Constitutional Law of Russia".
et al.
The structure of this work is constructed in such a way that the first chapter examines the history of the development and formation of the constitution in Russia.
The second chapter reveals the structure, norms and institutions of the Constitution of the Russian Federation.
The object of the research is the study of the Constitution and its history of formation in the Russian Federation, the subject is the structure , norms, institutions of the Constitution of the Russian Federation.
1. The history of the development and formation of the Constitution of the Russian Federation
1.1.
The First Constitution of 1918.
On July 10, 1918, the Constitution of the RSFSR was adopted by the resolution of the V All Russian Congress of Soviets.
In comparison with all the subsequent basic laws of the country, the first Constitution of 1918 was not based on the principle of continuity of constitutional development.
The Constitution of the RSFSR - the first Soviet Constitution, in the development of which V. I. Lenin took part, openly proclaimed the class character of the rights enshrined in it.
V. I. Lenin said that "...there have never been such constitutions as ours in the world.
It records the experience of the struggle and organization of the proletarian masses against the exploiters both within the country and throughout the world."
Political rights and freedoms guaranteed only by workers were enshrined here, as well as equal rights of citizens regardless of race and nationality, freedom of conscience.
Defining the foundations of the structure of society, it was guided by the slogans under which the Bolsheviks came to power, and relied on the first decrees of the Soviet government adopted before the middle of 1918.
The Constitution assigned power to the Soviets, to the working population of the country, united in urban and rural councils (Article 10).
The Constitution of 1918 fixed the rule of the dictatorship of the proletariat as the main tool for building socialism.
Guided by the interests of the working class as a whole, the Constitution deprived individuals and certain groups of individuals of rights that they could use to the detriment of the interests of the socialist revolution.
The Constitution of the RSFSR of 1918 also proclaimed some duties - to work, to defend the socialist Fatherland.
Any privileges or advantages were declared illegal and on this basis, any oppression of national minorities or restriction of their equal rights (Article 20)
One of the distinctive features of the Constitution of 1918 is that its norms and provisions go beyond the scope of domestic regulation.
The document included formulations of a purely political nature, aimed at the entire world community.
Thus, article 3 stated: "Setting as its main task the destruction of all exploitation of man by man, the complete elimination of the division of society into classes, the merciless suppression of exploiters, the establishment of the socialist orientation of society and the victory of socialism in all countries...".
At the same time, the need for the use of violence in order to affirm the principles of the new socialist system was openly recognized.
The first Bolshevik Constitution was the most outspoken in this sense.
State power belonged only to the working part of the population, which makes up the absolute majority of it.
It provided for the deprivation of political rights of non working classes and groups.
The first Basic Law of Communist Russia read: "There can be no place for exploiters in any of the authorities.
Power should belong entirely and exclusively to the working masses and their authorized representation - the Soviets of Workers', Soldiers 'and Peasants' Deputies."
The principle of secret voting and separation of powers was rejected as "a relic of bourgeois parliamentarism".
The "authorized representatives of the working masses" were elected at the meetings by open voting.
Under these conditions, even the discontented majority did not dare to vote against the government.
Those who still decided to openly express their disagreement were declared "control".
Which was dealt with according to the laws of the revolutionary time.
In the electoral right, workers were given certain advantages in comparison with other classes, including the peasantry.
Speaking of the Supreme bodies of power and constitutional control, it should be noted: the Constitution of the RSFSR in 1918, the year he established that the Supreme authority in the country is the all Russian Congress of Soviets, and in the period between congresses - the all Russian Central Executive Committee (VTSIK).
The Congress of Soviets was to repeal any act of any authority, contrary to the Constitution or acts of Congress of Soviets.
The Central Executive Committee had the right to cancel or suspend resolutions and decisions of the Council of People's Commissars (SNK).
In the future, the same function was assigned to the Presidium of the VTSIK.
The Constitution of the RSFSR of 1918 consolidated the federal structure of Russia.
It was envisaged that the Councils of regions with a special way of life and national composition could be united into autonomous regional unions that were part of the federation in the RSFSR (Article 11).
An interconnected unified system of central and local state authorities was established.
With the formation of the USSR in 1922, the constitutional development of Russia, like other Union republics, loses its independence and originality.
The Republican Constitution largely copies the Union Constitution.
1.2. The Second Constitution of 1924.
The next Constitution, adopted in 1924, differed little from the first.
The reason for replacing the 1918 Constitution with the 1924 Constitution was the unification of the RSFSR with other independent republics into the USSR and the adoption of the first Constitution of the USSR in 1924.
The Treaty on the Formation of the USSR of December 30, 1922 then became an integral part of the first Constitution of the USSR of 1924.
In accordance with this Treaty, the independent socialist republics of the RSFSR, the Ukrainian SSR, the BSSR and the ZSFSR acquired the status of Union Soviet socialist republics and formed a new state association - the USSR.
The Agreement resolved the issue of the distribution of competence between the federation and its subjects, as well as the formation of the highest bodies of the federation, the settlement of citizenship issues; the principle of the supremacy of the union law was established, the foundations for the construction of the Council of People's Commissars of the republics were outlined.
The treaty established that each republic retains the right to freely secede from the USSR.
The treaty obliged the Union republics to amend their constitutions on the basis of the Union treaty.
The next tasks of the Soviet government remained the same as the first months of the revolution.
Since then, the Bolsheviks have defended their power in the civil war, but it still had to be strengthened and secured.
Clear the country of hidden and potential enemies and turn it into a powerful springboard for further conquest of the world.
And for this, any constitution was equally suitable - both the first Russian and the first Soviet.
In accordance with the Constitution of the USSR of 1924, the Congress of Soviets of the USSR became the supreme body of state power, in the period between congresses - the Central Executive Committee (CEC) of the USSR, and in the period between sessions of the CEC of the USSR - the Presidium of the CEC of the USSR.
The CEC of the USSR had the right to cancel and suspend acts of any authorities on the territory of the USSR (with the exception of the higher - level Congress of Soviets).
The Presidium of the CEC had the right to suspend and cancel the resolutions of the SNK and individual People's Commissariats of the USSR, the CEC and the SNK of the Union republics.
Acts of the Congresses of the Soviets of the Union the Presidium of the CEC could only suspend the republics, referring the issue of their cancellation to the CEC of the USSR for consideration.
In practice, the Presidium of the CEC of the USSR, as a rule, did not cancel the acts recognized by it as unconstitutional, but proposed to the body that issued them to bring them into compliance with the legislation.
The Supreme Court of the USSR had the right, on its own initiative, to make representations on the suspension and cancellation of resolutions and orders of central bodies and union People's commissariats that did not correspond to the Constitution of the USSR; at the request of the CEC of the USSR, it gave conclusions on the legality of acts of the authorities of the Union republics; resolved judicial disputes between the union republics.
The Central executive committees of the Union republics had the right to appeal the decrees and resolutions of the SNK of the USSR to the Presidium of the CEC of the USSR.
In exceptional cases, the CEC and the republics and their presidium had the right to suspend the orders of the People's Commissars of the USSR.
The Second Constitution of the RSFSR, adopted on May 11, 1925, following the Constitution of the USSR of 1924, reflected the softening of the political and economic situation in the country that occurred due to the end of the civil war and the formation of the USSR.
The features of continuity in this Constitution of the provisions of the Constitution of 1918 are significant.
It is characteristic that in some cases there are references to the norms of the latter.
Unlike the Constitution of 1918, the Constitution of the RSFSR of 1925 did not include in its text the "Declaration of the Rights of the Working and Exploited People", but recorded that it proceeds from its main provisions and reproduced many of them.
This constitution legally formalized the new state legal status of Russia as a union republic within the USSR.
The federal structure of Russia was constitutionally fixed.
Article 2 of the Constitution of the RSFSR of 1925 states: "The Russian Republic is a socialist state of workers and peasants, built on the basis of a federation of national Soviet republics."
In art. 19 it is determined that within the limits specified in the Constitution of the USSR and on subjects referred to the competence of the Union, the resolutions of the supreme bodies of the USSR are binding on the territory of the RSFSR.
With this exception, no bodies other than the All Russian Congress of Soviets, the VTSIK, its Presidium and the SNK have the right to issue legislative acts of national significance on the territory of the RSFSR.
This indirectly confirmed the sovereign rights of the RSFSR outside the borders of the rights of the Union, but there is no direct reference to the sovereignty of the RSFSR in the Constitution of 1925.
Nor was it enshrined in this Constitution that the RSFSR retained the right to secede from the USSR (although there was such a norm in the 1924 Constitution of the USSR).
This Constitution regulates in detail the structure of Soviet power: it fixes the system of authorities of autonomous socialist republics, local state authorities, electoral procedure, budgetary rights of the RSFSR, state symbols.
The subsequent constitutional development of the RSFSR was also directly connected with the adoption of new union constitutions.
Moreover, this process proceeded along the line of increasing coincidence of the structures and content of the constitutions of the republics with the Constitution of the USSR and the establishment of an almost uniform text of the constitutions of all the Union republics.
Therefore, the main features and features of the subsequent Soviet constitutions of the RSFSR were fully derived from the corresponding characteristics of the constitutions of the USSR.
1.3. The Third Constitution of 1937.
The victory of socialism by the mid 30s, huge changes in the socio economic, political and spiritual spheres of social life, the strengthening of the democratic principles of the organization of state power required reflection in the Constitution of the USSR.
At the initiative of the Central Committee of the CPSU (b), the VII All Union Congress of Soviets decided to make changes and additions to the Constitution of the Soviet state, but the Constitutional Commission did not limit itself to making changes to the 1924 Constitution of the USSR in force at that time, but developed a new draft of the basic Law, which fully took into account all the previous experience of the constitutional construction of the Soviet state.
The Third Constitution of the RSFSR was adopted on January 21, 1937.
The adoption of the Constitution of the RSFSR of 1937 was a consequence of the entry into force of the Constitution of the USSR of 1936.
The renewal of the entire constitutional system of the Union was explained by the country's entry into a new stage of its development, which, as it was believed, marked the construction of the foundations of socialism, the complete elimination of exploiting classes and elements, which made it possible to significantly expand socialist democracy.
The Constitution of the USSR, as well as the Constitution of the RSFSR, included all the rights and freedoms provided for by the previously existing Soviet constitutions.
Along with this, a number of new rights and freedoms, as well as duties, were enshrined in them.
Class essence, embodied the dictatorship of the proletariat, which is explicitly mentioned, in particular, in Article 2 of the Constitution of the RSFSR.
However, the form of expression of this entity has changed.
In connection with the liquidation of the exploiting classes, the deprivation of political rights of citizens on social grounds was abolished, universal, equal, direct suffrage was introduced by secret ballot.
The Constitution for the first time enshrined the principle of equal rights of citizens, but in a very truncated form.
Article 127 of the Constitution of the RSFSR of 1937 provides for equal rights of citizens only "regardless of their nationality and race".
The Constitution of the RSFSR proclaimed the completion of the construction of the foundations of socialism.
It consolidated, like the Constitution of the USSR, all the main economic foundations of socialism: the abolition of private property, the domination of the socialist economic system and socialist ownership of tools and means of production, the establishment of a state plan that determined the entire economic life of the state.
This Constitution established the foundations of the social and State system ; the electoral system, the system and the competence of the highest and local State authorities, the administration, the court and the prosecutor's office.
The Constitution confirmed the voluntary unification with other republics within the USSR; the sovereign nature of the rights of the RSFSR is beyond the limits of the union competence.
For the first time, the Constitution of the RSFSR included a provision on the preservation of the RSFSR's right to secede from the USSR, but, like many other things in this constitution, it was only a fiction.
The Constitution of the RSFSR of 1937 reflects much more fully the norms relating to its own federal structure.
There were separate chapters on the supreme state authorities of the ASSR, on the state administration bodies of the ASSR.
About the state authorities of the autonomous regions.
For the first time, the norm on national districts has been fixed.
The Constitution finally approved the priority of the union legislation over the republican one.
It does not provide for the right of republican bodies to suspend or protest acts of union bodies.
And although the socialist ideology permeates the Constitution of the RSFSR of 1937 (Articles 1, 12, 129, 130 and others), its text no longer openly calls for the victory of socialism throughout the world.
However, the Constitution of 1937 was declarative and could not become a barrier against mass lawlessness and extrajudicial killings of 1937.
The subsequent development of the constitutional system of the former USSR was carried out in connection with the adoption of the new Constitution of the USSR in 1977.
On its basis, the Constitution of 1978 was adopted in the RSFSR, as in other Union republics.
The Constitution (Basic Law) of the RSFSR of 1978 refers to the continuity of ideas and principles with its three predecessors.
The 1978 Constitution embodied the theoretically untenable concept of building a developed socialism and a nationwide socialist state.
The social homogeneity and strengthening of the moral and political unity of social groups and strata of society were proclaimed, the formation of a new historical community of people - the Soviet people, public ownership of the means of production was consolidated.
Despite the statement about the national character of the state, the constitution did not lose its class character.
This interpretation of the essence of the constitution was generally accepted in the political and state legal literature, since the idea of the dictatorship of the proletariat was transformed into the idea of the leading role of the working class.
The class character of the constitution was also emphasized by the fact that they even more openly and directly reflected the role of the Communist Party, defining it in Article 6 as "the leading and guiding force of Soviet society, the core of its political system, state and public organizations."
It is significant that there was a separate article about the party, and included in the first chapter of the Constitution of the USSR (in the former it was included in the tenth and the provision on it was part of Article 126).
This meant further constitutional confirmation of the role of the party as the basis of the entire state structure.
Scientific communism was recognized as the dominant ideology; the ultimate goal of social development was the construction of a classless communist society.
Planned management of the economy was fixed on the basis of strict centralization.
The basis of the organization of state power was traditionally based on the principle of the supremacy of the Soviets.
The foreign policy goals and objectives of the RSFSR were associated with the confrontation of two world systems - capitalism and socialism, the correlation of class forces on the world stage, the creation of new international relations, where Marxist ideology and socialist ideas prevail.
The 1978 Constitution preserved the class orientation of democracy, which was called "socialist democracy".
However, its scope has been significantly expanded.
In particular, the principle of equality of citizens before the law was approved, regardless of origin, social and property status, education, language, attitude to religion, type and nature of occupation, place of residence, which was not in the previous constitutions.
The Constitution has consolidated a more complete list of citizens ' rights, introducing such new rights as the right to housing, health protection, etc.
The Constitution of the Russian Federation of 1978 for the first time stated in the preamble that it is accepted and proclaimed by the people of the RSFSR.
The Constitution of the RSFSR, following the Constitution of the USSR, has changed very significantly structurally.
Unlike the Constitution of 1937, 11 sections appeared in it.
The Constitution has become significantly more voluminous and has deepened the systematization of constitutional norms by subject.
Thus, in section 1 "Fundamentals of the social system and politics", the chapters are highlighted: "Political system", "Economic system", "Social development and culture", "Foreign policy activity and defense of the socialist Fatherland".
With regard to the provisions of the Constitution of the RSFSR reflecting its federal structure, the following points can be noted: The Constitution did not provide for the need for approval by the bodies of the RSFSR of the Constitutions of the ASSR; transformed national districts into autonomous ones, listed them by name for the first time in the Constitution; raised the level of acts on autonomous regions and autonomous districts, indicating that their status is determined by the Law of the RSFSR (previously provided for the Provision).
The 1978 Constitution for the first time included a direct rule on the sovereignty of the RSFSR.
The Constitution of the RSFSR of 1978 stood intact for eleven and a half years: from April 1978 to October 1989.
During the period of perestroika, deputies corrected it, making 25 amendments at once in 1989.
The deputy corps of 1990-1993 went further: from May 1990 to October 1992, the Congress of People's Deputies of the RSFSR adopted 8 laws on amendments and additions to the Basic Law (May 31, June 16, December 15, 1990; May 24, November 1, 1991; April 21, December 9, December 10, 1992), making more than three hundred amendments: in 1990 - 53, in 1991 - 29, in April 1992 - 177, at the Seventh Congress in December 1992 - about 90.
Taking into account the amendments of 1989-1992, the Constitution of the RSFSR has developed fundamentally new features: the rejection of the socialist model of social development, the monopoly position of the CPSU in the political system, the recognition of the ideology of pluralism, the concept of separation of powers.
The definitions "Soviet" and "socialist" were excluded from the official names of the country and republics within the RSFSR, which meant recognition of the failure of the socialist model of development.
The country became known as Russia - the Russian Federation.
Political pluralism, plurality and equality of forms of ownership, including private ownership, were legalized.
In accordance with the theory of separation of powers, the institutions of state power were reorganized (the Institute of the President and the Constitutional Court of the Russian Federation were established), the rights of local self government were expanded; the electoral system was updated.
The Declaration of Human and Civil Rights and Freedoms, adopted on November 22, 1991, was incorporated into the Constitution.
The state structure was significantly transformed.
The former autonomous republics and a number of autonomous districts and regions have achieved the status of republics within the Russian Federation.
The status of the territories, regions, and federal cities of Moscow and St. Petersburg has increased.
On the basis of the federal treaty of March 31, 1992, the competence of the state authorities of the Federation and its subjects was delimited; guarantees of the territorial integrity of Russia were established.
The termination of the existence of the USSR was due to the exclusion of articles from the Constitution that limit the sovereignty of Russia.
The state symbols of Russia have changed.
The full international legal personality of Russia and the independence of its foreign and defense policy were confirmed.
This was no longer the Constitution of a subject of the federation, but the Constitution of an independent independent state.
Objectively and inevitably, the need for change, which was brewing and accumulating during the years of stagnation, reached its critical point and was initially expressed in the demands for reforming the union federation.
This happened in an acute confrontation between the union and republican authorities.
All republics, including the RSFSR, have adopted Declarations of their state sovereignty.
The Russian Declaration for the first time set the task of developing a new Constitution of the RSFSR on the basis of the principles proclaimed in it, including the principle of separation of powers.
The Constitutional Commission of the Congress was formed, which began this work.
However, the complex alignment of political forces in the composition of people's deputies led to a significant delay in the adoption of the new Constitution.
The Constitution of 1993 was adopted not in calm conditions, but in a state of acute political crisis, confrontation between the legislative power and the president.
Sometimes this conflict is attributed to the imperfection of the state system of the early 90s, to the fact that the legislators violated the principle of separation of powers in their favor.
The crisis was political, not legal, and it was solved by political and forceful, not legal methods.
The transitional Russian system of the early 90s, the old Soviet Constitution patched up at each Congress of People's Deputies contributed to the development of the crisis.
Under these conditions, the adoption of a new constitution should be the basis that will contribute to the establishment of the necessary stability in society.
Many drafts of the new constitution were prepared in the previous years.
The main ones were the Draft of the Constitutional Commission and the draft prepared by the Constitutional Meeting convened by the decision of the President of the Russian Federation.
The latter incorporated many provisions of the draft Constitutional Commission and was adopted as a basis for the final revision of the Constitution with the involvement of the subjects of the Federation, deputies, their various factions, specialists, working groups.
A strong presidential power is the core of the 1993 Constitution, its main political content.
The procedure of amendments and revision of the Constitution was also a peculiar form of its protection.
The powers of the president have received a thorough legal study.
Perhaps, only the limits of these powers are not always clearly indicated.
This is, for example, Article 20 of the Constitution, which establishes only one restriction on the president's authority to issue decrees and orders (they should not contradict the Constitution of the Russian Federation and federal laws), but does not say anything about their nature.
The legal certainty characteristic of the provisions on the powers of the President is lacking in a number of other very important sections of the Constitution of the Russian Federation.
The new Constitution was adopted by popular vote on December 12 and entered into force from the date of its publication on December 25, 1993.
The general features that are inherent in it and distinguish it from the former Soviet constitutions are very significant.
They were laid down in the last editions of the gradually reformed Constitution of 1978.
However, the 1993 Constitution gave a strictly legal formalization to the characteristic of the essence of the social and state system that it establishes and approves.
For the first time, she applied the definition of the social system as constitutional, which means that its principles are fundamentally different from the postulates and foundations of the socialist system.
The Constitution has more clearly elaborated the rules on the separation of powers.
It has made significant changes to the system of state authorities.
Instead of the Congress and the Supreme Council, she established the Federal Assembly, radically transformed the principles of bicameral construction of a representative body of state power.
The Constitution has ensured a high level of its stability by fixing rather complex amendments.
But, unfortunately, many provisions of the Constitution of the Russian Federation are far from perfect, there is no clarity in them, there is no legal norm.
And this leads to the fact that a significant and very important sphere of relations continues to be regulated not by legal, but by some other, primarily political methods and means.
The unresolved problem of the ratio of the center and places led to the creation of federal districts with the appointment of authorized representatives by the Decree of the President of the Russian Federation of May 13, 2000.
This measure is certainly useful.
But in the text of the Constitution of the Russian Federation, it is hardly possible to find any other basis for it, except for part 1 of Article 90 ("The President issues decrees...") and p. "to" Article 83 (on the appointment and dismissal of authorized representatives).
The Presidential Administration has played a major role in the system of state bodies of the last decade.
The Constitution only mentions this institution, nothing is said about its structure and powers.
The method of forming the Federation Council is very vaguely defined.
Such examples show that the Constitution does not always serve as a reliable basis for legal regulation.
The advantage of the Constitution is seen in the fact that it allows you to change the system without changing the text.
In this regard, the shortcomings in the activities of the authorities are attributed entirely to the unsuccessful application of the Constitution, and not at all to its content.
The idea that contradicts the legal ideal and the theory of law is expressed that every norm, every law, like every text, is inherently unclear and allows for different interpretations.
The Constitutional Court of the Russian Federation is seen as a body designed to bring certainty to an obscurely drawn up Constitution.
Meanwhile, the role of the Constitutional Court is to interpret the Constitution, and not to fill in gaps in legislation and create new norms.
The dominant mood in the work of the creators of the Constitution was the borrowing of Western models of democracy, "world standards".
It was an erroneous attitude that turned the text of the Constitution into a " catalog of modern achievements in the field of democracy and human rights.
The trouble is that the principles tested in other countries in the Russian conditions are either not viable, or distorted, disfigured.
The democratic facade often hides an anti democratic essence.
This leads to the discrediting of the democratic model, and with it the constitution.
To confirm this idea, we will use the recognition of A. N. Yakovlev, made on the eve of the last Duma elections: "When I look at the current elections, at today's Duma, I am terrified.
Instead of the parliament, it is a primitive lobbying organization.
Some went to the deputies to earn money, others were sent by the owners to defend the interests of the company, others are hiding from the court...
If I could have foreseen this, I donot know if I would have preached democracy."
The low level of voter turnout in December 2003, apparently, confirms that not only A. N. Yakovlev is disappointed in the existing political system.
The legislator should focus not on world standards, not on borrowing, but on the search for a model, albeit less perfect, but corresponding to the conditions of national life and therefore working and able to lead the country out of the crisis in which it has been for more than one decade.
Without the creative adaptation of world experience, the Constitution of the Russian Federation remains a political declaration, and not the fundamental source of the current law.
1. The Constitution of the Russian Federation
2.1.
Structure of the Constitution
The Constitution of the Russian Federation is a law that has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation.
Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.
The Constitution of the Russian Federation was adopted by popular vote (referendum) on December 12, 1993.
The Constitution of the Russian Federation defines the basics of the status of a person and a citizen, the relations of the state and the individual, establishes the diversity of the country's economy, and contains provisions that the Russian Federation is a social state.
The Constitution lays down the principles of political diversity, multiparty system, the establishment of any ideology as a state or mandatory is excluded.
The Constitution emphasizes the primacy of international law in relation to domestic law, that is, if an international treaty establishes rules other than those provided for by Law, then the rules of the international treaty apply.
The Constitution of the Russian Federation consists of 2 sections and a preamble.
The preamble sets out the main objectives of the adoption of this Constitution.
Section 2 is called "Conclusion and transitional provisions", section 1 is untitled.
Structure of the Constitution of the Russian Federation:
Section one.
Main provisions
Chapter 1.
Fundamentals of the constitutional system (articles 1-16)
Chapter 2.
Human and civil rights and freedoms (articles 17-64)
Chapter 3.
Federal structure (articles 65-79)
Chapter 4.
The President of the Russian Federation (articles 80-93)
Chapter 5.
Federal Assembly (articles 94-109)
Chapter 6.
The Government of the Russian Federation (articles 110-117)
Chapter 7.
Judicial power (articles 118-129)
Chapter 8.
Local self government (Articles 130-133)
Chapter 9.
Constitutional amendments and revision of the Constitution (Articles 134-137)
Section two.
Final and transitional provisions
Structure of the Constitution:
The first section consists of 9 chapters:
* Chapter 1 " Fundamentals of the constitutional system"; * Chapter 2" Human and civil rights and freedoms " is devoted to the status of the individual.
It refers to the duties and guarantees of the individual's status; * Chapter 3 " Federal structure"; * Chapter 4 "The President of the Russian Federation"; * Chapter 5 " The Federal Assembly"; * Chapter 6 "The Government of the Russian Federation"; * Chapter 7 "The Judiciary" - it was not necessary to include an article about the prosecutor's office here, since it is not part of the judiciary, the most appropriate name in this case is " Justice and prosecutor's supervision"; * Chapter 8 " Local self government"; * Chapter 9 "Constitutional amendments and revision of the Constitution".
The second section fixes:
1.
the procedure for the entry into force of the Constitution;
2.
the relationship between the constitution and previously accepted sources of law;
3.
the process of reforming state authorities and reforming legislation.
In fact, the provisions of the second section could be adopted as a constitutional law "On the Introduction of the Constitution into force", since some of its provisions were relevant only at the time of the adoption of the constitution, and now they are not in force.
2.2. Legal properties
Before proceeding to the analysis of the legal properties of the Constitution of the Russian Federation, it is necessary to formulate the concept of the Constitution of the Russian Federation on the basis of the theoretical provisions described above that characterize the constitutions of various states as a whole.
The Constitution of the Russian Federation is a normative legal act with the highest legal force, which establishes the foundations of the constitutional system; the foundations of the legal status of a person and a citizen; the federal structure; the system of state authorities; the principles of the organization of local self government.
The legal properties of the Constitution are the signs that allow us to distinguish it from the acts of current legislation.
The legal properties of the Constitution include: constituent nature.
legitimacy, supremacy, stability, direct action, the basis of current legislation, reality, programmability.
1. The constituent nature of the Constitution is manifested in the fact that its norms consolidate the foundations of the state and social structure, establish the most important state institutions through which state power is implemented, the principles of their creation and activity.
In addition, the constitutional norms establish the procedure for creating all legal norms in force in the state and their hierarchy in the legal system.
2. The legitimacy of the Constitution consists in the fact that it is adopted by the people (by referendum) or on behalf of the people (by the representative body of the state - the parliament or by the body specially created for the adoption of the constitution - the constituent assembly), to which all the fullness of state power belongs.
The Constitution of the Russian Federation, adopted by a popular vote on December 12, 1993, can be called legitimate "with a certain degree of conditionality".
It was approved by 58.4% of the voters who took part in the voting, which is 31% of all registered voters.
3. The supremacy of the Constitution of the Russian Federation means its priority position in the system of normative legal acts operating on the territory of Russia.
"Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation" - establishes Part 1 of Article 15 of the Constitution of the Russian Federation.
The supremacy of the Constitution of the Russian Federation is manifested not only in relation to legislation that will be adopted in the future, but also to legislation adopted before the entry into force of the Constitution of the Russian Federation.
Thus, paragraph 2 of Section II of the Constitution of the Russian Federation states that " laws and other legal acts that were in force on the territory of the Russian Federation before the entry into force of this Constitution are applied to the extent that does not contradict the Constitution of the Russian Federation."
The supremacy of the Constitution of the Russian Federation acquires additional significance in the conditions of the federal state structure of Russia, when the subjects of the Federation have their own constitution and their own legislation.
Republican constitutions and other normative legal acts adopted by the subjects should not contradict the federal Constitution (part 1 of Article 15 of the Constitution of the Russian Federation).
The supremacy of the Constitution of the Russian Federation is ensured by a special procedure for its adoption and amendment; giving constitutional norms the highest legal force; increased legal protection of constitutional prescriptions.
4. Stability The Constitution is the most important condition for the rule of law, the stability of the entire legal system and the organization of state power, the certainty of relations between the individual and the state.
* The stability of the Constitution depends on many factors (for example, on the alignment of socio political forces operating in the political arena of the country, on the level of political and legal culture of citizens, on the perfection of the provisions of the Constitution itself, etc.).
The stability of the Constitution of the Russian Federation is guaranteed by a strict procedure for its revision and constitutional amendments.
5. The Constitution of the Russian Federation has direct effect (Part 2 of Article 15 of the Constitution of the Russian Federation).
This means that the norms of the Constitution of the Russian Federation are directly applicable, that is, their implementation does not require the adoption of additional, specifying sectoral legal norms as a mandatory condition.
At the same time, many norms of the Constitution of the Russian Federation, due to the high level of generalization of legal regulation, need additional regulation through the adoption of acts of current legislation.
The problem of ensuring the direct effect of the Constitution of the Russian Federation in the administration of justice was resolved in the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 "On some issues of the application of the Constitution of the Russian Federation by courts in the administration of justice", * which states that the court, resolving the case, directly applies the Constitution of the Russian Federation, in particular:
a) when the provisions fixed by the norm of the Constitution of the Russian Federation, based on its meaning, do not require additional regulation and do not contain an indication of the possibility of its application, provided that a federal law regulating the rights, freedoms, duties of a person and a citizen and other provisions is adopted;
b) when the court comes to the conclusion that the federal law that was in force on the territory of the Russian Federation before the entry into force of the Constitution of the Russian Federation contradicts it;
c) when the court comes to the conclusion that the federal law adopted after the entry into force of the Constitution of the Russian Federation is in contradiction with the relevant provisions of the Constitution of the Russian Federation;
d) when a law or other normative legal act adopted by a subject of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation contradicts the Constitution of the Russian Federation, and there is no federal law that should regulate the legal relations considered by the court.
6. The reality of the Constitution means that the constitutional provisions (the legal constitution) correspond to the social relations that are actually developing (the actual constitution).
In other words, the constitution should reflect the achieved stage of development of public relations in the political, economic, and social spheres, otherwise it will be fictitious.
The reality of the Constitution is evidenced by the enforceability and guarantee of its prescriptions.
For example, the possibility of citizens, guided by the Constitution, referring to it, to apply for judicial protection of their rights and freedoms is an indicator of the reality of constitutional norms on the legal status of an individual.
7. The Constitution is the legal basis of the current legislation.
This property of the Constitution is manifested in the fact that constitutional norms serve as a starting point for all branches of Russian law.
Thus, on the basis of constitutional provisions that enshrine freedom of economic activity, equality of all forms of property, the civil law of Russia is developing.
8. The programmatic nature of the Constitution is manifested in the fact that the norms, principles, norms and goals formulated in it determine the main directions, goals and objectives of the further development of society and the state.
Thus, the characteristic of the Russian state as a legal one, contained in Part 1 of Article 1 of the Constitution of the Russian Federation, cannot serve as a basis for recognizing it as such, but it is an ideal that the Russian Federation should strive for.
2.3. Norms and institutions of the Constitution
The norms of the constitution are understood as principles and regulations (norms) recognized, established or sanctioned by the state power, expressed in the Constitution or legally formalized (fixed) in other legal acts (laws, regulatory agreements, declarations, etc.) that are sources of constitutional law.
The norms of the constitution fix the legal status of subjects of constitutional law (basic rights, freedoms, duties of citizens and their associations), establish the constitutional competence of state authorities, legal procedures for its implementation, fix the constitutional legal forms and means of resolving constitutional disputes, etc.
Accordingly, the specifics of the norms of the constitution are as follows::
1) their purpose: regulate the behavior of subjects of state legal relations in order to exercise the sovereignty of the people, assert the rights and freedoms of man and citizen, ensure state sovereignty;
2) of a special legal nature: they relate to primary norms, establish basic rights, freedoms and duties, the constitutional and legal status of state authorities, local self government bodies, constitute the principles of relations between different levels of government, between the authorities (state and municipal) and the population; in this sense, they are constituent, which is not characteristic of the norms of any other branch of law.
Hence, their increased legal force follows - they differ specifically in legal mechanisms of action and state legal means of protection, a certain part of these norms has direct effect;
3) the features of their legal construction and structure, properties, specifics of the constitutional means of regulation fixed by them; with a public legal nature, soft legal means that are not characteristic of public branches of law are used.
This explains the presence in the constitutional law of a large number of contractual norms contained in international and intra federal treaties, agreements;
4) a kind of legal structure (the absence of a sanction, and sometimes a hypothesis);
5) the variety of legal forms of expression.
The norms of constitutional law are contained in the Constitution, constitutional and ordinary laws, in presidential and government acts, in acts of regional state authorities, local self government bodies.
Acts of referendums and contractual norms are a specific form of expression of constitutional norms;
6) the highest level of normativity of the norms of the constitution, which is expressed in the presence among them of a large number of norms of principles, norms of definitions, norms of declarations initial, or starting, norms of law that are not characteristic of other branches of law.
Depending on the scope of normativity, all existing legal norms can be divided into two large groups: starting norms and prescriptive norms (they are also called norms and rules).
The starting norms are the initial norms that are distinguished by a high level of normativity, a special structure (there is no sanction, hypotheses).
Their specificity is actually expressed in the disposition.
"The President of the Russian Federation is the head of state" (Article 80 of the Constitution of the Russian Federation).
The specific weight of such norms in the general array of constitutional provisions is quite significant, although, of course, prescriptive norms prevail.
The most widespread among the starting norms are the norms of definition, constituent norms and norms of principles.
The definitive norms fix in a generalized form the signs of a particular constitutional concept - "electoral association", "political party", etc.
In major legislative acts, such norms are grouped in a special section (chapter, article).
Thus, the Federal Law of September 19, 1997 "On basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation" contains an article specifically devoted to the legislative characteristics of such concepts as elections, citizens 'electoral rights, guarantees of citizens' electoral rights, active electoral right, passive electoral right, voter, election commissions, list of candidates, etc.
The norms and principles are widely distributed in the constitutional law, they are enshrined directly in the law.
For example, the principles of citizenship and electoral law are directly reflected in the Law on Citizenship and in the Electoral Laws, respectively.
The norms of the regulation, in turn, are divided into regulatory norms - norms that define the subjective rights and legal obligations of subjects, the conditions of their occurrence and action.
In constitutional law, such norms prevail.
At the same time, there are also protective norms - norms that determine the conditions for the application of state coercive measures, the nature and content of these measures.
According to the method of legal regulation, it is customary to distinguish binding, prohibiting and authorizing norms.
Binding rules, as their name suggests, lay on the entity an obligation to perform certain actions (e.g., the responsibility of the relevant election Commission to register a candidate or list of candidates, the duty of the State Duma to consider introduced in the house subject to the right of legislative initiative, the bill, etc.).
Provisions of this kind, as a rule, begins with the words "must", "should", "should", etc. an Example of binding norms can serve as the rules contained in article 106, 107, 108 (2), 109 (n. 2), 116 of the Constitution.
Prohibiting norms of law - norms that impose on the subject the obligation to refrain from committing certain actions.
T these norms are formulated in the form of a ban on performing any actions.
Thus, paragraph 5 of Article 109 of the Constitution of the Russian Federation establishes a ban on the dissolution of the State Duma during the period of military or state of emergency on the entire territory of the Russian Federation.
Or: "the same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma" (paragraph 2 of Article 97 of the Constitution of the Russian Federation).
Authorizing norms are norms that give a subject the right to perform certain actions (a voter can apply to the court for protection of his violated electoral right, become a member of a religious or other association, etc.).
In the text, these norms can begin with the words: "entitled", "has the right", "allowed" , etc.
An example of the governing norms are Articles 104 (p. 1), 117 (p.1, 2, 3) of the Constitution of the Russian Federation.
Material norms prevail, at the same time, the specific weight of procedural prescriptions increases.
Such norms are contained in the Constitution of the Russian Federation, federal laws, regulations of the chambers of the Federal Assembly, the Constitutional Court, and the Government of the Russian Federation.
The institution of the Constitution is a set of constitutional norms regulating a group of homogeneous relations.
The constitutional legal institute is an integral part of the system of constitutional law, which performs specialized functions in its composition: the settlement of relations related to the subject of constitutional law that are homogeneous in their content by specific constitutional legal means.
The norms of constitutional law combined into institutions (normative complexes) achieve a systemic complex impact on public relations.
The main system forming feature of the formation of constitutional legal institutions is the relations regulated by constitutional law.
In their unity, the constitutional legal norms distributed among the constitutional legal institutions reflect the internal structure of constitutional law, its systemic organization, which corresponds to the systemic nature of the sphere of public relations that constitute the subject of constitutional legal regulation.
In the system of constitutional law, it is customary to distinguish the following groups of norms or institutions: fixing the foundations of the constitutional system of the Russian Federation; fixing the legal position (status) of an individual in the Russian Federation; determining the federal and administrative territorial structure of the Russian Federation and its subjects; fixing the system of bodies (institutions) of state power of the Russian Federation, the principles of their organization and activity (institutions of the presidency, legislative power, executive power, judicial power); fixing the system of local self government in the Russian Federation; determining the procedure for changing the Constitution.
CONCLUSION
As a result of the conducted research on the topic "Constitution", a number of conclusions can be drawn:
With the adoption of the Constitution of the Russian Federation in 1993, a new stage of state reform began in our country.
Having been adopted by popular vote, the federal Basic Law has played a significant positive role in consolidating democratic transformations in Russia, including in the sphere of federal relations.
The Constitution of the Russian Federation of 1993 is the first full fledged constitution in the history of the country that recognizes the inalienable nature of fundamental human rights and freedoms and provides for the democracy of the organization of public power, its legal nature.
The main problem is to realize this potential by ensuring an adequate interpretation of the Constitution in the context of the development of Russia, its state and public life.
The Constitution is the foundation of the legal system, the main system forming factor, the basis for codification and systematization of legislation.
Based on the Constitution
