Constitutional principles of the Russian Federation. The main principles of the constitution of the Russian Federation, the structure of the constitution of the Russian Federation The most important constitutional principle that determines the foundations of the legal

07.12.2020

The term "principle" (from lat. principium- beginning, basis) means that which underlies any set of phenomena, concepts, facts. Principle - the central concept, the guiding idea, the basis of the system, representing the generalization and extension of any provision to all phenomena of the area from which this principle is abstracted.

The principles of the Constitution in legal science are understood as the fundamental ideas and provisions that determine the most essential features, qualitative properties of the Constitution.

The Constitution of the Russian Federation regulates the most important social relations, its norms are the starting point for all other branches of the legal system. Therefore, constitutional principles are among the fundamental principles for all branches of law.

Basic principles of the 1993 Constitution

1. Democracy and sovereignty of the people. The essence of this principle is that Art. 3 of the Constitution establishes that the people have full power in the state. “The bearer of sovereignty and the only source of power in Russian Federation, - emphasized in this article, - is its multinational people. The Constitution of the Russian Federation also establishes the main forms of realization by the people of their sovereignty.

The democracy of the Russian state is also expressed in the election of the President of the Russian Federation and the representative bodies of the Russian Federation, its constituent entities through general elections, the submission of the most important issues to referendums.

The Constitution of the Russian Federation introduced a system of local self-government, which is carried out by citizens through a referendum, elections, other forms of direct expression of will, through elected and other self-government bodies (Article 130).

2. Legality. The proclamation of the Russian Federation as a constitutional state presupposes the consolidation in the Constitution of the principle of legality - strict observance of the requirements of the law. This principle is reflected in Art. 15 of the Constitution, which establishes the supreme legal force and direct effect of the Constitution throughout the territory of the Russian Federation. Organs state power, local self-government bodies, officials, citizens and their associations are required to comply with the Constitution of the Russian Federation and laws.

The principle of legality is enshrined in the norms of Ch. 7 of the Constitution, which establishes the system of authorities, the principles of their organization and activities.

3. Equality and full rights of citizens. Guaranteed rights and freedoms. This principle consists in recognizing a person, his rights and freedoms as the highest value. Article 19 of the Constitution establishes: "All are equal before the law and the courts." And further it is emphasized that the state guarantees the equality of human and civil rights and freedoms regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation is prohibited. Men and women have equal rights and freedoms and equal opportunities for their realization.

The principle of equality of citizens implies legal equality, providing everyone with equal legal opportunities to enjoy rights and freedoms. Actual equality is impossible due to a number of objective and subjective reasons.

The Constitution guarantees citizens the opportunity to exercise their rights and freedoms. As set out in Art. 2 of the Constitution, "recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state." Specific guarantees for the realization of rights and freedoms are contained in the norms of Ch. 2 of the Constitution.

4. Humanism. The constitutional recognition of a person as the highest value reflects the principle of humanism, which means caring for a person, for the comprehensive development of his spiritual and physical qualities, and material conditions of life. The spirit of humanism permeates all constitutional norms that enshrine the rights and freedoms of man and citizen. This is most clearly seen in the provisions of Art. 17, proclaiming the inalienability of human rights and freedoms and their belonging to everyone from birth; Art. 20 - the right of everyone to life; Art. 21 - protection of the dignity of the individual, prohibition of torture, violence, other cruel or degrading treatment or punishment; Art. 22 - the right to liberty and security of person; Art. 42 - the right to favorable environment etc.
5. State unity. For a federal multinational state, the principle of state unity is of decisive importance. This principle is enshrined in the Preamble and Art. 4 of the Constitution, where it is established that the sovereignty of the Russian Federation and the supremacy of the Constitution extend to the entire territory of the Russian Federation.

The Russian Federation ensures the integrity and inviolability of its territory. The following provisions testify to the principle of state unity: Art. 8, guaranteeing the unity of the economic space; Art. 67, fixing the unity of the territory; Art. 68, recognizing the Russian language as the state language; Art. 74, which does not allow the establishment of customs borders, duties, fees on the territory of Russia; Art. 75, which establishes the ruble as a single monetary unit, etc.

6. Equality and self-determination of peoples. The principle of state unity is dialectically combined with the constitutional principle of equality and self-determination of peoples within the Russian Federation, due to its multinational nature and federal structure. This principle is enshrined in the Preamble of the Constitution, in Art. 5, establishing a list of subjects of the Federation and indicating that in relations with federal government bodies, all subjects are equal; in Art. 73, which establishes that outside the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the latter have full state power.

According to Art. 66 of the Constitution, the status of a constituent entity of the Russian Federation may be changed only by mutual agreement between the Russian Federation and the constituent entity of the Russian Federation in accordance with federal constitutional law.

This principle is also reflected in Art. 69 of the Constitution, which establishes that the Russian Federation guarantees the rights of indigenous peoples in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation.

7. Separation of powers. This principle is enshrined in Art. 10 and Art. 11 of the Constitution. Its essence lies in the fact that state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Legislative, executive and judicial authorities are independent.
8. Ideological diversity, multi-party system. In connection with the fundamental changes in public life The Constitution of the Russian Federation enshrines the principle of ideological diversity and multi-party system, previously unknown to Russian legislation. According to Art. 13 of the Constitution, no ideology can be established as a state or mandatory. The Russian Federation recognizes political diversity and a multi-party system. Public associations are equal before the law.

The Constitution of the Russian Federation, as the fundamental law of the state, regulates the most important fundamental social relations. It is not intended to regulate in detail a specific type of social relations. In this regard, the constitution is, as a rule, a stable long-term character.

The Constitution is characterized by features that distinguish it from the acts of the current legislation, which in legal science are called "legal properties".

The first among the main legal properties of the Constitution is its supremacy in the system of legislative acts of the state. It is the supremacy that determines all its other legal properties. Article 15 of the Constitution establishes that “the Constitution of the Russian Federation 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.”

Thus, the Constitution contains the basic principles of all other legislative acts, all branches of law. It should be noted that the Constitution of the Russian Federation refers to 14 federal constitutional laws and more than 40 federal laws. These properties give the Constitution the highest legal force.

In the event of a conflict between the requirements of the Constitution and other normative legal acts, the constitutional norm shall apply, and the act that contradicts it shall be subject to change or repeal. Yes, Art. 85 of the Constitution gives the President of the Russian Federation the right to suspend the acts of the executive authorities of the constituent entities of the Russian Federation in the event of a conflict between these acts of the Constitution until this issue is resolved by the appropriate court.

In connection with the federal structure of Russia, an important legal property of the Constitution is its direct effect on the entire territory of the Russian Federation. The adoption and amendment of the Constitution, control over its implementation is in the introduction of the Russian Federation, i.e. refers to its exclusive competence (Article 71). To the joint jurisdiction of the Russian Federation and its subjects, in accordance with Art. 72 of the Constitution refers to ensuring the conformity of the constitutions and laws of the republics with the Constitution.

The fact that all current legislation is based on its norms and principles, both of the Russian Federation and its subjects, is also considered a legal property of the Constitution. The adoption of the new Constitution entails a radical revision of all branches of legislation. At the same time, the relationship between the Constitution and current legislation cannot be reduced only to the determining influence of the fundamental law. There is also Feedback- the impact of sectoral legislation on the content of the Constitution.

An important legal property is a special procedure for its adoption and modification. This order is established in ch. 9 "Constitutional amendments and revision of the Constitution". The norms of this chapter establishes a list of entities entitled to make proposals for amendments and revision of the Constitution. These are the President of the Russian Federation, the Federation Council and the State Duma of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the legislative (representative) bodies of the constituent entities of the Russian Federation, groups of deputies of the Federation Council or State Duma not less than one-fifth of the Chamber.

The Constitution establishes a different procedure for changing Ch. 1, 2 and 9 and ch. 3-8. The provisions of Ch. 1, 2 and 9 cannot be revised by the Federal Assembly at all. If such proposals are received and supported by 3/5 of the total number of members of the Federation Council and deputies of the State Duma, then the Constitutional Assembly is convened in accordance with federal constitutional law. It either confirms the invariability of the Constitution, or develops a draft of a new Constitution, which is adopted by the Constitutional Assembly with 2/3 of the votes of the total number of its members or submitted to a popular vote. When holding a popular vote, the Constitution of the Russian Federation is considered adopted if more than half of the voters who took part in the voting voted for it, provided that more than half of the voters took part in it.

Amendments to Ch. 3-8 of the Constitution are adopted in the manner prescribed for the adoption of the Federal Law of March 4, 1998 No. ZZ-FZ "On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation." According to this Law, amendment proposals are submitted by the entities established in Art. 134 of the Constitution, in the form of a bill of amendment. This law is considered approved if at least 2/3 of the total number of deputies of the State Duma voted for it. Within five days from the date of approval, the draft is sent to the Federation Council. A law is considered adopted if at least three-quarters of the total number of members of the Federation Council voted for its approval.

According to the Resolution of the Constitutional Court of the Russian Federation of October 31, 1995 No. 12-P “On the case of the interpretation of Article 136 of the Constitution of the Russian Federation”, it follows from the procedure established by the Constitution for the adoption of amendments to Chapters 3-8 of the Constitution that amendments are adopted in the form of a special legal act - the Law of the Russian Federation on an amendment to the Constitution, which has a special legal nature, which differs from federal and federal constitutional laws.

The law adopted by the chambers is published for general information and no later than five days from the date of adoption is sent to the legislative (representative) bodies of the constituent entities of the Russian Federation for consideration. This law must be considered by the legislative body of the subject within a period not later than one year from the date of adoption of the law. A law approved by the legislative bodies of at least two-thirds of the constituent entities is sent by the Chairman of the Federation Council to the President of the Russian Federation for signing and official publication, who does this no later than 14 days from the date of receipt of the law. The adopted amendment is introduced into the text of the Constitution.

The legal property of the Constitution is also that its legal protection is ensured through constitutional control. how

noted earlier, according to Art. 71 of the Constitution, control over its observance belongs to the jurisdiction of the Russian Federation, and ensuring the compliance of the constitutions of the republics with the federal Constitution is the subject of joint jurisdiction of the Russian Federation and its constituent republics.

A special place in the protection of the Constitution and the constitutional order belongs to the President of the Russian Federation, who, as the head of state, is the guarantor of the Constitution, the obligation to observe and protect the Constitution of the Russian Federation is included in the content of the oath of the President of the Russian Federation.

In order to protect the Constitution, the Constitutional Court of the Russian Federation is formed. Its judges are appointed by the Federation Council on the proposal of the President of the Russian Federation. The Constitutional Court, at the request of the President of the Russian Federation, the Federation Council, the State Duma, one-fifth of their members, the Government of the Russian Federation, the Supreme Court of the Russian Federation, legislative and executive authorities of the constituent entities of the Russian Federation, resolves cases on the compliance with the Constitution of legislative and other legal acts, a list of which is given in Art. 125 of the Constitution.

The Constitutional Court of the Russian Federation resolves disputes about competence; checks the constitutionality of laws based on complaints from citizens and requests from courts; interprets the Constitution.

Acts or separate provisions recognized as unconstitutional lose their force. International treaties that do not comply with the Constitution are not subject to entry into force and application.

Other bodies of legislative power also participate in solving the problems of constitutional control - Supreme Court the Russian Federation and the Prosecutor's Office of the Russian Federation within their competence established by law.

The complexity of the historical stage of Russia's development led to the introduction of the second section "Final and transitional provisions" into the content of the Constitution, which is new for the constitutional legislation of Russia.

This section establishes the initial moment of entry into force of the Constitution of the Russian Federation - from the day of its official publication based on the results of a popular vote. The day of the popular vote on December 12, 1993 is considered the day of the adoption of the Constitution. At the same time, the Constitution (Basic Law) of Russia, adopted on April 12, 1978, with its subsequent amendments and additions, ceased to operate.

In case of inconsistency with the provisions of the Constitution of the provisions of the Federal Treaty, as well as other agreements between federal state authorities and state authorities of the constituent entities of the Russian Federation, the provisions of the Constitution shall apply.

Laws and other legal acts that were in force on the territory of the Russian Federation prior to the entry into force of this Constitution shall be applied to the extent that they do not contradict the Constitution.

This section of the Constitution establishes the procedure for the exercise of powers by the highest bodies of state power formed before the adoption of the 1993 Constitution.

The President of the Russian Federation shall exercise his powers until the expiration of the term for which he was elected under the previously effective Constitution.

The Council of Ministers - the Government of the Russian Federation from the date of entry into force of the Constitution of 1993 acquires the rights, duties and responsibilities established by the Constitution, and henceforth is called the Government of the Russian Federation.

Courts administer justice in accordance with the powers established by the Constitution of 1993. Judges of all courts, after the entry into force of the Constitution, retain their powers until the expiration of the terms for which they were elected. Vacancies are filled in accordance with the procedure established by the 1993 Constitution. Pending the adoption of the relevant federal laws, the procedure for considering cases by the court, the former procedure for arrest, detention and detention of persons suspected of committing a crime, will be preserved.

The Federation Council and the State Duma of the first convocation were elected for a period of two years.

Important for the status of deputies was the indication of the Constitution of the Russian Federation that a deputy of the State Duma of the first convocation could simultaneously be a member of the Government. Such persons were not subject to the provisions of the Constitution on the immunity of deputies in terms of responsibility for actions (or inaction) related to the performance of official duties.

Deputies of the Federation Council of the first convocation exercised their powers on a non-permanent basis.

An important principle of the Constitution is the provision on Russia as a social state. “The Russian Federation,” says Art. 7 of the Basic Law is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person”.

The essence of this principle lies in the fact that the state assumes part of the functions and responsibility for social sphere society, is obliged to direct resources to the protection of labor and health of people, establish a guaranteed minimum wage, provide support for the family, motherhood, fatherhood and childhood, the disabled and the elderly, develop a system of social services, establish state pensions, benefits and other guarantees of social protection.

The social orientation of the activities of the Russian state is clearly expressed in its constitutional obligation to ensure the implementation of fundamental human rights: the right to free labor; the right to social security in old age, in case of illness, disability, in other statutory cases; the right to housing; the right to health care; the right to a healthy environment; the right to education.

In order to ensure the relevant rights, state bodies develop and implement federal and regional programs for the protection of health, protection and support of the family, childhood, environmental protection

The principle of the Russian Constitution is also economic freedom, the diversity of forms of ownership while maintaining a single economic space. Unlike the constitutions of the Soviet period, which ensured a focus on the predominant development of state property and excessively expanded the scope of state regulation, the Basic Law of Russia of 1993 recognizes and protects equally private, state, municipal and other forms of property (for example, the property of public associations). Thus, each of them can develop freely, competing with each other and filling various areas of the Russian economy.

Economic freedom is expressed in the ability of a person to use his abilities and property for entrepreneurial and other economic activities not prohibited by law [Art. 34], have the right to sell their labor force on the labor market [art. 37]. At the same time, however, economic activity aimed at monopolization and unfair competition is not allowed.

The diversity of forms of ownership and economic freedom can manifest their strengths only in the conditions of maintaining a single economic space, which means the free movement of goods, services and financial resources. The establishment of customs borders, duties, fees and any other obstacles to the free movement of goods, services and financial resources is not allowed on the territory of the Russian Federation.

Guaranteeing and recognition of local self-government is one of the principles of the Constitution of the Russian Federation. Local self-government is a set of bodies and institutions that provide independent decision population of local issues.

According to the Constitution of Russia, local self-government acts as an independent channel (form) for the exercise of power by the people. Local self-government bodies are not included in the system of state authorities [Art. 12].

Local self-government contributes to the decentralization of the management of state and public affairs, “unloads” state power, and contributes to the development of social activity of citizens at their place of residence.

The principles of the Constitution listed above are at the same time the foundations of the constitutional order of the Russian Federation. This means that they determine the content, the main meaning of not only the Constitution itself as the Basic Law of the state, but also (subject to their real implementation) the structure of society and the state.

The Constitution of Russia, like any state, is characterized not only by principles, but also by a number of legal properties that distinguish it from other laws and determine its special place in the legal system.

The most significant of them is the supremacy of the Constitution, its highest legal force. For the first time in domestic constitutional practice, this legal property of the Constitution has been extensively enshrined in the text of the Basic Law itself. “The Constitution of the Russian Federation,” says Art. 15, -- has the highest legal force, direct effect and applies throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.”

The supremacy of the Constitution in the legal system of Russia is ensured by a special mechanism for its implementation and protection. The Constitutional Court of the Russian Federation (Article 125 of the Constitution of the Russian Federation) deals with issues of ensuring the constitutionality of laws and other legal acts, interpretation of constitutional provisions.

The supreme force of constitutional norms means that in case of their discrepancy with the norms of ordinary laws, constitutional norms are in force. Constitutional norms in terms of legal force are heterogeneous, they themselves can be differentiated, divided into several groups:

1. Norms constituting the foundations of the constitutional system [ch. one]. They consolidate the highest socio-political and legal values Russian society and have higher legal force within the framework of the Constitution itself. They can be changed in a special, in comparison with other norms of the Constitution, order. No other provisions of the Constitution may contradict the foundations of the constitutional order of the Russian Federation [Art. sixteen].
2. Constitutional norms on human rights and freedoms [Ch. 2]. Their specificity lies in the direct prohibition [art. 55] to issue laws that abolish or diminish the rights and freedoms of man and citizen. In addition, the Constitution establishes the limits within which these constitutional norms can be temporarily limited [art. 55]. All this emphasizes the special legal significance of these constitutional norms,
3. Constitutional norms, which can be specified only in federal constitutional laws. The latter are special laws that are most closely (organically) related to the Constitution. Their adoption requires an increased number of votes of the State Duma and the Federation Council, in comparison with ordinary laws. So, the provisions of Art. 125 of the Constitution on the powers and procedure for the activities of the Constitutional Court of Russia can only be specified in a constitutional law.
4. Other norms of the Constitution, which have increased legal force in comparison with ordinary laws.

citizenship constitution human freedom

Under principles of the constitution in the legal uke refers to the fundamental ideas and provisions that determine the most essential features, the qualitative properties of the Constitution as the Fundamental Law of the state.

Basic principles Constitution of the Russian Federation of 1993.

1. Democracy and sovereignty of the people. The essence of this principle is that Art. 3 of the Constitution of the Russian Federation establishes that all power in the state belongs to the people. “The bearer of sovereignty and the only source of power in the Russian Federation, this article emphasizes, is its multinational people.”

The Constitution also fixes the main forms of realization by the people of their sovereignty:

1. The President of the Russian Federation, the Federal Assembly are elected by general elections.

2. The most important issues are submitted to a referendum, an example of which is the adoption of the 1993 Constitution.

3. The Constitution introduced a system of local self-government, which is carried out by citizens through elected and other self-government bodies (Article 130).

2. Legality. The proclamation of the Russian Federation as a legal state implies the consolidation in the Constitution of the Russian Federation of the principle of legality, the essence of which is strict observance of the requirements of the law. This principle is reflected in Art. 15 of the Constitution of the Russian Federation, which establishes the supreme legal force and direct effect of the Constitution throughout the territory of the Russian Federation. Paragraph 2 of Article 15 also stipulates that state authorities, local self-government bodies, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.

The principle of legality has found its consolidation in the norms of Chapter 7 of the Constitution of the Russian Federation, which establishes the system of government bodies, the principles of their organization and activities.

3. Equality and full rights of citizens, guarantee of rights and freedoms. This principle consists in recognizing a person, his rights and freedoms as the highest value. Article 19 of the Constitution of the Russian Federation establishes: "All are equal before the law and the court." And further it is emphasized that the state guarantees the equality of human and civil rights and freedoms regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation is prohibited. Men and women have equal rights and freedoms and equal opportunities for their realization.

Considering the content of the principle of equality of citizens, it should be emphasized that we are talking about legal equality, providing everyone with equal legal opportunities to enjoy rights and freedoms. Actual equality is impossible due to a number of objective and subjective reasons.

4. Humanism. The constitutional recognition of a person as the highest value reflects the principle of humanism, which means caring for a person, for the comprehensive development of his spiritual and physical qualities, and material conditions of life.

5. State unity. For a federal multinational state, it is of decisive importance to implement the principle of state unity in the Constitution. This principle is enshrined in the Preamble and Art. 4 of the Constitution of the Russian Federation, where it is established that the sovereignty of the Russian Federation and the supremacy of the Constitution of Russia extend to its entire territory.

The Russian Federation ensures the integrity and inviolability of its territory. The following provisions testify to the principle of state unity:

Art. 8 - the unity of the economic space;

Art. 67 - the unity of the territory;

Art. 68 - establishing the Russian language as the unified state language;

Art. 74 - fixing the establishment on the territory of Russia of customs borders, duties, fees;

Art. 75 - establishing the ruble as a single monetary unit, etc.

6. Equality and self-determination of peoples. This principle is due to the multinational character of Russia and its federal structure. This principle is enshrined in:

Preamble to the Constitution of the Russian Federation;

Art. 5 - establishing a list of subjects of the federation and indicating that in relations with federal government bodies, all subjects are equal;

Art. 73 - fixing that outside the jurisdiction of the federation and the joint jurisdiction of the federation and the subjects, the latter have all the fullness of state power.

According to Art. 66 of the Constitution of the Russian Federation, the status of a subject of the Russian Federation may be changed by mutual agreement between the federation and the subject in accordance with federal constitutional law.

The federal structure of Russia is devoted to Ch. 3 of the Constitution of the Russian Federation, however, the fundamental principles of the federal structure are enshrined in Art. 4 and 5 ch. 1 "Fundamentals of the constitutional system", which predetermines their significance and immutability in the existence of the current Constitution of the Russian Federation. Most of the enshrined principles underlie the constitutional and legal status of the Russian Federation.

The Constitution of the Russian Federation establishes the following principles of the federal structure of Russia(scheme 8).

Scheme 8. Principles of the federal structure of Russia.

state integrity. This principle means, in particular, the unity of the territory of the Russian Federation, the extension of the sovereignty of the Russian Federation to the entire territory, a single economic space, a single legal space, etc.

The unity of the system of state power. This unity is manifested in the unity of the nature of power (source, purpose of activity), uniformity in the institutional organization of power at the federal and regional levels, hierarchy and interaction of various government bodies, etc.

Equality and self-determination of peoples in the Russian Federation and resulting from this equality of subjects of the Russian Federation. The term “peoples” used in part 3 of article 5 of the Constitution of the Russian Federation can be interpreted in two meanings: firstly, as representatives of a certain ethnic group living in various constituent parts of Russia (the Chechen people, the Tatar people, the peoples of the Finno-Ugric group, the Belarusian diaspora, Azerbaijani diaspora, Germans, Karaites, etc.); secondly, as the entire population living in a certain territory without ethnic, national coloring (the people of Dagestan, the people of the Samara region, residents of Moscow, etc.). In any case, the principle of self-determination of peoples cannot be interpreted as the right to secession of any territory from the Russian Federation: the Constitution directly speaks of the self-determination of peoples In Russian federation, therefore, peoples, by implementing this principle, can, in particular, change the status of the subject of the Russian Federation on whose territory they live, unite with another subject of the Russian Federation or separate into several territories, create national-cultural autonomy, etc., but, in firstly, within the existing borders of the Russian Federation and, secondly, without encroaching on the foundations of the constitutional order of Russia (form of government, economic system, ideological, spiritual foundations, etc.). The fundamental novelty of Russian constitutionalism is the provision that all subjects of the Russian Federation (republics, territories, regions, cities of federal significance, autonomous regions and autonomous districts) are equal, have the same legal status.

Delimitation of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation(between federal and regional government bodies). A measure of the division of power between the center and constituent parts states, as noted, is one of the main features of the federal structure. It was this issue that turned out to be a key one in the development of Russian federalism, and it needs to be considered in more detail.

When in question on the delimitation of powers between the federal center and the constituent parts of the state, the terms "delimitation of subjects of jurisdiction" and "delimitation of powers (competencies)" are used. Sometimes these concepts are used as identical, which is not quite accurate. Under jurisdiction(of the Russian Federation, its constituent entities, joint jurisdiction, municipalities) are understood as the spheres of public relations in which the relevant state authorities (local governments) carry out legal regulation, and under powers- the rights and obligations of the relevant public authority with which it is endowed for the implementation of tasks and functions in the subjects of relevant jurisdiction. Competence on the other hand, it is the totality of all the powers of the state authority (local government) in the relevant subject matter. Powers, like competence, are a property that is inherent only to a state body, local government body or official.

The fundamental principles of the division of powers between the federal center and the constituent entities of the Russian Federation are enshrined in the Constitution of the Russian Federation, and the details are contained in the Federal Law of October 6, 1999 No. 184-FZ “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation, as amended. and additional

It is possible to distinguish between subjects of jurisdiction and powers of authority in two main ways: normative (constitutional, statutory, legislative) and contractual. At the same time, the contractual method of delimitation is not opposed to the constitutional one, it is not “unconstitutional” and should be applied only within the framework of the current Constitution of the Russian Federation. The difference between these methods lies only in the fact that with the normative method, power is assigned to the relevant subject directly in the normative act (the Constitution of the Russian Federation, the constitution (charter) of the subject of the Russian Federation, federal or regional law), and with the contractual method - in the contract (agreement). It is possible to use any one of these methods, as well as their combinations.

The Constitution of the Russian Federation, based on the most common in the practice of federal states the principle of three spheres of authority, fixes:

1) subjects of exclusive jurisdiction of the Russian Federation;

2) subjects of joint jurisdiction (the sphere of the so-called coinciding, competing competence);

3) subjects of own jurisdiction of the subjects of the Russian Federation.

Scroll subjects of jurisdiction of the Russian Federation defined in Art. 71 of the Constitution of the Russian Federation as closed and, therefore, not subject to broad interpretation. The basic criterion for attributing the list of issues to the jurisdiction of the Russian Federation (as in most federal states) is the assignment of rights to it, which together ensure the implementation of state sovereignty, the unity of the rights and freedoms of man and citizen and a single public policy. Scroll joint matters, as well as the list of subjects of jurisdiction of the Russian Federation, is closed according to the Constitution of the Russian Federation (Article 72). The list of subjects of jurisdiction of the Russian Federation and joint jurisdiction, as a rule, is reproduced in the constitutions and charters of the constituent entities of the Russian Federation. Subjects of jurisdiction of the subjects of the Russian Federation are not clearly defined in the federal Constitution, the Constitution of the Russian Federation establishes only certain areas of legal regulation of the constituent entities of the Russian Federation: the establishment of a system of state authorities (part 2 of article 11, part 1 of article 77), the adoption of constitutions, charters (parts 1, 2 of article .66), establishing state languages Republics (part 2, article 68), etc. Therefore, according to the residual principle, this includes all those issues that are not included in the first two areas (article 73 of the Constitution of the Russian Federation), which means that the scope of legal regulation of the constituent entities of the Russian Federation is quite wide.

The Constitution of the Russian Federation establishes and hierarchy of normative acts of the Russian Federation and subjects of the Russian Federation: in matters of joint jurisdiction, federal law has supremacy, and in matters of jurisdiction of subjects of the Russian Federation, normative legal acts of subjects of the Russian Federation have priority over federal laws (parts 5, 6, article 76 of the Constitution of the Russian Federation). The priority of federal acts in the sphere of the exclusive jurisdiction of the Russian Federation is obvious, since in this area regional acts, according to general rule, should not be published (part 1 of article 76). It should be borne in mind that not only federal laws can be adopted on subjects of joint jurisdiction of the Russian Federation and its subjects (such a conclusion may arise based on the literal interpretation of part 2 of article 76 of the Constitution of the Russian Federation), but also federal regulatory legal acts of a by-law nature ( Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, departmental acts). The legal position on this issue was expressed by the Constitutional Court of the Russian Federation in Resolutions No. 1-P of January 9, 1998 “On the case of checking the constitutionality of the Forest Code of the Russian Federation” and No. 1-P of January 27, 1999 “On the case of the interpretation of Articles “), 76 (part 1) and 112 (part 1) of the Constitution of the Russian Federation”.

Correlation of federal and regional legislation on subjects of joint jurisdiction in Art. 76 (parts 2 and 5) of the Constitution of the Russian Federation is defined as follows: in these areas of public relations, both federal laws and other federal legal acts, and laws and other regulatory legal acts of the constituent entities of the Russian Federation can be adopted. However, the latter must be adopted in accordance with federal laws; in the event of a conflict between a federal law and a regulatory legal act of a subject of the Russian Federation, the federal law shall apply.

The absence of a federal law on issues of joint jurisdiction of the Russian Federation and its constituent entities is not an obstacle to the settlement of this issue by a constituent entity of the Russian Federation. However, the possibility advanced legal regulation in the subject of the Russian Federation is very limited. Firstly, the constitutional prescription on the need to comply with the regulatory legal acts of the constituent entities of the Russian Federation with the federal law implies, among other things, bringing the legal act of the constituent entity of the Russian Federation into line with the federal law adopted later. Secondly, the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" after the introduction of amendments and additions on July 4, 2003 contains a closed list of powers of state authorities of the subjects on subjects of joint jurisdiction that they can carry out independently.

Negotiated way delimitation of power vertically in a federal state should be considered as auxiliary, since in all major areas of social relations, the subjects of jurisdiction and powers should be delineated normatively.

In the late 1990s in Russia, the “parade of sovereignties” has grown into a “parade of concluding agreements”, for the constituent entities of the Russian Federation it has become “non-prestigious” not to conclude an agreement with the center. The contractual process during this period rightly caused ambiguous assessment and anxiety, since the norms of concluded contracts invaded the sphere of federal constitutional and legislative regulation, the contractual model of the Russian Federation (“contract law”) began to be actually approved. By the spring of 1999, 42 agreements had already been concluded with state authorities in 46 constituent entities of the Russian Federation and more than 250 specific agreements to them. The subjects of the Russian Federation that signed the agreements occupied most of the country's territory, more than 50% of the population lived in them, and more than 60% of Russia's economic potential was concentrated. At the same time, most of the agreements signed at that time between the federal state authorities and the state authorities of the subjects of the Russian Federation changed the scheme for delimiting the subjects of jurisdiction between the Russian Federation and its subjects, established in the Constitution of the Russian Federation.

The strengthening of the vertical of state power in Russia contributed to the fact that by the end of 1999 the conclusion of new agreements was suspended, and since 2002 the process of termination of the agreements concluded by agreement of the parties began (at present, most of the agreements concluded have been canceled).

Current legislature also changed the procedure for implementing the contractual method of delimiting the subjects of jurisdiction and powers between federal and regional government bodies. The federal law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation", firstly, establishes subject limiter, i.e., the subject of the contract can only be the specific powers of federal and regional state authorities, due solely to the economic, geographical and other features of the constituent entity of the Russian Federation and to the extent that these features define a separation of powers other than that established in federal laws ( the subject of agreements between federal and regional executive authorities can only be the delegation of part of the existing powers). Secondly, the law establishes time limiter i.e. the contract (agreement) cannot be unlimited, the deadline for the contract is ten years with the possibility of early termination (termination) both by agreement of the parties and by a court decision. Thirdly, the Law consolidates the concept of a non-self-executing contract in intra-federal relations, which predetermines the complication procedures for the conclusion and entry into force of treaties and agreements– agreements are subject to preliminary (before the signing of the agreement by the President of the Russian Federation and the head of the region) approval in the legislative body of the constituent entity of the Russian Federation and approval of the signed agreement by federal law. Thus, such agreements can be called bilateral with a high degree of conventionality, since in essence there is an agreed (prevailing) will of dozens of subjects of the legislative process, including all subjects of the Russian Federation. Agreements between federal and regional executive authorities come into force after they are approved by resolutions of the Government of the Russian Federation. Such a procedure will make it possible to exclude provisions from contracts and agreements that violate the principle of equality of subjects of the Russian Federation (public authorities of any subject of the Russian Federation have the right, upon their request, to receive a draft contract or agreement and express their suggestions and comments).

For contracts and agreements concluded earlier and currently in force, it is established that if they are not approved by federal law or a decree of the Government of the Russian Federation, respectively, by July 8, 2005, they will cease to be valid.

With the delimitation of powers between the center and the regions, the normative meaning of concluding agreements is largely lost. The main purpose of intrastate (as well as intraregional) treaties and agreements is to concretize, clarify, delegate normatively delineated powers of authority with unconditional priority normative way vertical division of power.

Topic 11
The composition of the federation in Russia and the constitutional and legal status of the Russian Federation and its subjects

Constitution of the Russian Federation adopted by popular referendum on December 12, 1993, entered into force on December 25, 1993

The new Constitution was based on the principles 1 developed by legal science over a long period of the existence of constitutional law as a science.

These are:

1) democracy, sovereignty of the people;

2) legality;

3) equality and full rights of citizens, guarantee of rights and freedoms;

4) humanism;

5) state unity;

6) equality and self-determination of peoples;

7) separation of powers;

8) ideological diversity, political pluralism.

The Constitution of Russia structurally consists of the following elements:

INTRODUCTION

(preamble)

FIRST SECTION

(137 articles)

CHAPTERS

1. Basics

constitutional order

2. Human rights and freedoms and

citizen

3. Federal device

4.President

Russian

Federations

5.Federal Assembly

6.Government of the Russian

Federations

7. Judiciary

8.Local

self management

9.Constitutional amendments and revision of the Constitution

SECOND SECTION

Final and transitional provisions

The Constitution of the Russian Federation distinguishes between concepts "revision" and "amending" .

revision is a change in the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation, and they cannot be revised by the Federal Assembly of the Russian Federation.

Amendment aimed at changing chapters 3-8 of the Constitution, which is within the competence of the Russian parliament. They are adopted in the form of a special law.

Proposals for amendments and revision of the provisions of the Constitution of Russia are submitted:

President of Russian Federation;

Council of the Federation;

The State Duma;

Russian Government;

Legislative (representative) bodies of the subjects of the Federation;

At least 1/5 members of the Federation Council (36 people);

At least 1/5 of the deputies of the State Duma (90 people).

Review procedure chapters 1 - Fundamentals of the Constitutional system; 2 - Rights and freedoms of man and citizen, 9 - Constitutional amendments and revision of the Constitution consists of the following stages:

First of all, making proposals to revise the provisions of chapters 1, 2, 9.

Secondly, support for the initiative 3/5 of the total number of members of the Federation Council (107) and deputies of the State Duma (270).

Thirdly, convocation of the Constitutional Assembly in accordance with federal constitutional law.

Fourth, adoption of a decision by the Constitutional Assembly: 1) to confirm the invariability of the Constitution of Russia, then the revision procedure ends; 2) develop a new draft of the Constitution.

Fifth, The Constitutional Assembly 1) is adopted by a qualified majority of 2/3 of the total number of the Constitutional Assembly; 2) is submitted to a popular vote.

The constitution is considered adopted if more than half of the voters voted for it, provided that more than 50% of registered voters took part in the referendum.

This is the procedure for revising Chapters 1, 2 and 9 of the Constitution of the Russian Federation. It is designed to ensure the stability of the constitutional system and the protection of the rights and freedoms of Russian citizens.

Amendments to chapters 3-8 are accepted in the following order:

Making proposals for amendments to the State Duma in the form of a federal constitutional law on an amendment to the Constitution of Russia. The offer must contain either new article text, or text new edition articles, or clause to remove an article from the Constitution.

The draft law on the amendment is being considered by the State Duma Committee, which is responsible for issues of constitutional legislation.

Consideration of the draft law in the State Duma in three readings. The project is considered approved if at least 2/3 (300) of the State Duma deputies voted for it.

Sending the approved draft law to the Federation Council within 5 days. SF is considering it. The project is considered accepted if at least ¾ (134) of the total number of members of the Federation Council voted for its approval.

The Chairman of the Federation Council no later than 5 days from the date of adoption of the law publishes it for general information and sends it to the legislative (representative) bodies of the constituent entities of the Russian Federation.

Legislative (representative) bodies of a constituent entity of the Russian Federation consider the law within a period not later than one year from the date of its adoption.

Approved by the legislative (representative) bodies of at least 2/3 of the constituent entities of the Federation, within 7 days, it is sent by the Chairman of the Federation Council to the President of Russia for signing and official publication.

This is the procedure for changing and amending the current Constitution of the Russian Federation.

The totality of means (legal, organizational, information and propaganda, etc.), with the help of which the implementation of all established constitutional norms is achieved, strict observance of the regime of constitutional legality is called legal protection of the Constitution of the Russian Federation.

The legal protection of the Constitution of the Russian Federation is carried out with the help of constitutional control, i.e. the activities of the competent state bodies to verify, identify and eliminate inconsistencies in the normative legal acts of the Constitution.

The control over observance of the Constitution of Russia belongs to the jurisdiction of the Russian Federation. Ensuring the conformity of the constitutions of the republics and the charters of the territories and regions with the federal Constitution is the subject of joint jurisdiction of the Russian Federation and its subjects.

The Constitution clearly defines subjects of legal protection of the Constitution . These are:

President of Russian Federation. According to Part 2 of Art. 80 The President is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen.

Federal Assembly. The jurisdiction of its chambers includes issues related to the implementation of constitutional norms, as well as amendments and changes to the current Constitution.

Government of the Russian Federation. Organizes the implementation of federal laws, systematically monitors their implementation by the executive authorities of all levels and takes measures to eliminate the violations.

Judicial authorities. They control the legality of the performance of certain constitutional functions by subjects of other branches of government, protect the rights and freedoms of citizens, the constitutional system of Russia, ensure the compliance of acts of the legislative and executive branches of the Constitution, the observance of legality and justice in the execution of the application of the Constitution and laws, other normative acts.

Law enforcement. Protect and protect the rights and freedoms of citizens, the interests of society and the state, strengthen law and order.

The special body for the protection of the Constitution of the Russian Federation is Constitutional Court. He considers cases on the compliance of the Constitution of the Russian Federation with federal laws, regulations of the President of Russia, the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation, the Government of Russia; constitutions of the republics, charters, laws and other normative acts of the constituent entities of the Russian Federation; agreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation; international treaties that have not entered into force.

The Constitutional Court of the Russian Federation resolves disputes between state authorities, considers citizens' complaints about violations of their constitutional rights, and issues an opinion on compliance with the established procedure for bringing charges against the President of Russia of high treason or committing another serious crime.