Under structure the Constitution is understood by the procedure adopted in it by which a certain system of grouping homogeneous constitutional norms is established into sections, chapters and sequence of their location.
At the heart of the determination of the sequence of location in the Constitution, the norms are factors based on the relationship between these norms with each other, the motives of the primacy and the production of norms from each other.
The constitution consists of the preamble and two sections, the second section is procedural and transition.
The first section consists of 9 chapters (137 articles):
1. The foundations of the constitutional system.
2. Rights and freedoms of a person and a citizen.
3. Federated device.
4. President.
5. Federal Assembly.
6. The Government of the Russian Federation.
7. Judicial power.
8. Local self-government.
9. Constitutional amendments and revision of the Constitution.
The second section is called "Final and Transition Provisions".
In the structure of the new Constitution of Russia, those conceptual ideas on which it is based is clearly traced. This is manifested in the following changes in the structure :
1. In changing the name of the first section. The introduction of a new concept of "the foundations of the constitutional system" is not a simple replacement of the concept of "public" to the "constitutional", but reflection of the qualitative change in the characteristics of the system.
2. Due to the abandonment of the form of the Board in the form of the Soviet Republic, the transition to the parliamentary system was removed section of the fourth "Tips of People's Deputies Russian Federation and the order of their election. "
3. The Head of the President opens a list of chapters on state authorities. This reflects the new status of the president inherent in him as the head of state.
4. The principle of separation of the authorities is consistently and clearly reflected in the Constitution structure.
5. The concept of updating the federated device, the new status of constituent entities of the Russian Federation, other principles of deletion of powers were reflected in the structure of the Constitution by establishing special sections.
6. Removed section about state Plan Economic I. social Development Russia.
7. In the previous Constitution, human rights and freedom and citizen were included in the "State and Personality" section. In the new Constitution, the head is called "human rights and freedoms and citizen", which shows the intrinsicity of the individual as such without linking its status directly with the state.
8. The 1993 Constitution of the Russian Federation did not include in his text of the federal agreement, since its provisions were reflected in the articles of the Constitution.
9. In general, according to its structure, the 1993 Constitution, unlike the previous one, became more compact, clear and legally strictly based on the logic of its construction and scientific substantiation of the sequence of chapters.
10. Section of the Second Constitution "Final Transitional Provisions" in the history of the Russian Constitution appeared for the first time. In constitutions foreign countries The presence of such a partition is incredible.
In this section, the Constitution of the Russian Federation establishes provisions on issues:
Which are associated with the introduction of a new constitution;
The termination of the previous constitution is recorded;
The ratio of the new Constitution and the Federative Treaty is enshrined;
Reflected the procedure for the application of laws and other legal acts operating before the entry into force of this Constitution;
The foundations on which previously educated bodies continue to operate.
At the same time, it is necessary to highlight some disadvantages of the structure of the Constitution of the Russian Federation .
Violated the logic of the structure of the document. The text of the Constitution can be divided into four interrelated and interdependent parts. The first three of them fix elements of form Russian state (political regime records chapters 1 and 2, the form of a state device - Chapter 3, the form of government of chapter - 4, 5, 6 and 7), and the fourth part regulates the procedure for entering into force, changes and revision of the Constitution (Ch. 9 and section Second). However, this structure absolutely does not fit chapter 8 dedicated to local self-government.
This institute is put in one row with the branches of state power, although the legislative technique suggested the need to consolidate these provisions in Art. 12 constitutions. Probably, document developers wanted to emphasize particular importance. local governments In the system of Russian democracy. Hence the "one-order" municipalities state authorities though local organs The authorities do not apply to the state authorities of the Russian Federation.
In addition, in ch. 7 "judicial power" includes provisions that determine the legal status of the prosecutor's office, although legal Nature The specified body indicates its belonging more than the executive branch of state power. The current location of the Institute of the Prosecutor's Office confuses not only not only in jurisprudence of citizens who are trying to seek justice where it is not, and literally "bumping" prosecutors with issues related to the competence of the court. It gives rise to fruitless scientific discussions about special character Prosecutor's authority in the system of separation of authorities in the Russian state.
These shortcomings in the field of legislative technology could be avoided if the preparation of the document was limited to securing only the procedure for the appointment of the Prosecutor General in the chapters dedicated to the powers of the President and the Federal Assembly, and the regulation of other issues made the subject of the Federal Law on the Prosecutor's Office. It would remove all the ambiguities on the subject of constitutional status. prosecutor's supervision. By the way, similarly did with Accounting Chamberthat it did not worsened her legal status.
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This is its inner structure, a division (rubrication) to parts, sections, chapters, articles, items, the internal consistency of the components, the sequence of their location. The structure of the Constitution includes preamble, the main part, submitted by sections and chapters, and final and transitional provisions. Sometimes the structure of the Constitution covers and applications. So, in the previous Constitution of the Russian Federation of April 12, 1978, a federation agreement of March 31, 1992 was submitted as an application. The current Constitution of the Russian Federation in its structure is close to European constitutions, consists of a preamble, the main part, presented by 137 articles combined in First section, consisting of 9 chapters, as well as in the "final and transitional positions", which are the second section.
The structure of the Constitution, the logical interconnection of its main parts is due to the limits of constitutional regulation that dominates the constitutional doctrine in the country.
In preamble russian Constitution The objectives and objectives of the state are determined, to which: approval of human rights and freedoms, the approval of civil peace and harmony in the Russian Federation, the preservation of the historically established state unity, the revival of the sovereign statehood of Russia, the approval of the inviolability of the democratic foundations of the Russian state, ensuring the welfare and prosperity of Russia. The provisions of the preamble are a solemn-declarative character, one way or another permeate all articles of the principal law of the country, ultimately determine its meaning and meaning. Despite the originality legal structures (in a legal understanding of the position of the preamble, do not constitute constitutional norms and principles), preamble has an important legal significance. The positions of the preamble serve as a guide for the legislative and executive authorities, the administration of justice; secure the general obligations of the state to citizens; have the starting value for judicial interpretation Constitution, in particular interpretation by the Constitutional Court of the Russian Federation of a number of principles of the federal device; The preamble is important for finding the right in the event of discovery of gaps and contradictions in the Constitution, as well as if necessary, change or supplement the Constitution, i.e. To make amendments to it, when implementing constitutional disputes, etc.
The first chapter of the Constitution of the Russian Federation "The Fundamentals of the Constitutional System" consists of 16 articles that enshrine the initial principles of constitutional regulation of the most important parties to life russian society, define the essence of the state, the legal status of a person and a citizen, the principles of social and economic relations, the foundations of the political system of society, the relationship between the state and religion. The foundations of the constitutional system are a primary regulatory framework for the remaining provisions of the Constitution of the Russian Federation, the entire system of current legislation. The norms that enshrine the foundations of the constitutional system of the Russian Federation have the highest legal force in relation to its other provisions. According to the Constitution (Part 3 of Art. 15) these standards, i.e. Art. 1-15, all other provisions of the Constitution must be consistent.
Consolidation in the Constitution (Art. 2) The provisions that a person, his rights and freedoms are the highest value of society, determined the specificization of the fundamental rights and freedoms of a person and a citizen, their guarantees in chapter 2 of the Constitution.
Chapter 2 "Human Rights and Freedoms and Citizen" contains 48 articles in which the principles of the legal status of a person and a citizen in Russia are fixed; Principles of citizenship in Russia; System of civil (personal), political, economic, social and cultural rights and freedoms of man and citizen; guarantees of rights and freedoms; The main (constitutional) duties of a person and a citizen.
The room after the head of the rights and freedoms of man and the citizen of the chapter on the federal device is evidence of the special significance for Russia of the constitutional settlement of federal relations, the definition of the Federation's relationship and its subjects, the delimitation of objects and their fields and powers, the consolidation of constitutional mechanisms for the resolution of disputes on competence.
Chapter 3 Federated device"Contains 15 articles developing the most important provisions enshrined in Chapter 1 of the" Fundamentals of the Constitutional Order ", in particular in Art. 1, 4, 5 of the Constitution of the Russian Federation. The norms of this chapter characterize: a full exhaustive list of names of the constituent entities of the Russian Federation, constitutional status Of the Russian Federation and its subjects, the relationship between federal power and subjects of the Federation.
Chapters 4-8 establish the organization of state power and local self-government in the Russian Federation.
Chapter 4 "President of the Russian Federation" consists of 14 articles that secure: the status of the president as the head of state; The procedure for joining the position of President of the Russian Federation; the powers of the President of the Russian Federation, the foundation of their early termination; The procedure for the deregistration of the President of the Russian Federation from office.
Chapter 5 Federal Assembly"Reflects the foundations of the organization and activities of the Parliament of the Russian Federation and includes 11 articles that secure: the status of the Federal Assembly - Parliament as representative and legislature Russian Federation; The procedure for the formation of the Federal Assembly and its structure; Competence of the Federation Council - the Upper Chamber of Parliament and State Duma - Lower House of Parliament; Norms on the legislative process in the Russian Federation.
Chapter 6 "The Government of the Russian Federation" consists of 8 articles governing the activities of the government, heading the executive power in the Russian Federation. In particular, chapter 6 consolidated: the procedure for formation, the structure of the government; competence of the government; The order of retirement, expressions of distrust to the government.
Chapter 7 "Judicial Power" contains 12 articles characterizing the concept judicial authority in the Russian Federation. The chapter defines: judicial system in Russia; The status of judges, the principles of legal proceedings; The procedure for the formation and competence of the constitutional, supreme, senior arbitration courts of the Russian Federation, the prosecutor's office of the Russian Federation.
Chapter 8 "Local Self-Government" specifies the position of Art. 12 of the Constitution of the Russian Federation and enshrines: a system of local self-government in the Russian Federation; Functions of local self-government in the Russian Federation; Guarantees of local self-government.
Chapter 9 "Constitutional amendments and the revision of the Constitution" contains norms that determine the procedure for changing and supplementing the current constitution and its revision, i.e. The adoption of the new Constitution of the Russian Federation.
The final and transitional provisions of the Constitution provide for the procedure for the change and revision of its provisions, and also contain norms indicating some temporary exemptions from the actions of the individual provisions of the first section of the Constitution. The final and transitional provisions of the Constitution of the Russian Federation submit its second section, which consists of 9 points (parts). They define the date of adoption and entry into force of the Constitution of the Russian Federation into force, it is an indication of the priority of the provisions of the Constitution to the Federal Agreement of March 31, 1992, the procedure for the action of laws and other legal acts operating in the territory of the Russian Federation to the entry into force of the Constitution, as well as order Implementation of the authority by the President, the Government, the courts of the Russian Federation in connection with the change in their status of the current constitution, etc.
Its inner structure, division (rubrication) on parts, sections, chapters, articles, items, internal consistency of components, sequence of their location. S.K. Includes preamble, the main part, presented by sections and chapters, and final and transitional provisions. Sometimes S.K. Enclosed and applications. Thus, in the previously active Constitution of the Russian Federation of April 12, 1978, a federation agreement of March 31, 1992 was submitted as an application. The current Constitution of the Russian Federation in its structure is approximate to European constitutions. It consists of a preamble, the main part represented by 137 articles combined in the first section, consisting of 9 chapters, as well as final and transitional provisions that are the second section. S.K. RF, the logical interconnection of its main parts is due to the limits of constitutional regulation that dominates the country of constitutional doctrine.
The first chapter of the Constitution "Fundamentals of the COP" consists of 16 articles that enshrine the initial principles of the constitutional regulation of the most important parties to the life of Russian society, determine the essence of the state, the legal status of a person and a citizen, the principles of social and economic relations, the basis of the political system of society, the relationship between the state and religion. The foundations of the constitutional system are a primary regulatory framework for the remaining provisions of the Constitution, the entire system of current legislation. The norms that enshrine the foundations of the COP of the Russian Federation have the highest legal force in relation to its other provisions. These norms must be complied with all other provisions of the Constitution.
Fastening in the Constitution of the Russian Federation (Article 2) that a person, his rights and freedoms are the highest value of society, determined the specificization of the fundamental rights and freedoms of man and citizen, their guarantees in chapter 2 of the Constitution "Rights and Freedom of Man and Citizen". This chapter contains 48 articles in which the principles of the legal status of a person and a citizen in Russia are enshrined; Principles of citizenship in Russia; the system of civil (personal), political, economic, social and cultural rights and freedoms of man and citizen; guarantees of rights and freedoms; The main (constitutional) duties of a person and a citizen. The room after the head of the rights and freedoms of man and a citizen of the head of the federal device is evidence of a special significance for Russia of the constitutional settlement of federal relations, determining the relationship between the federation and its subjects, the delimitation of objects and their fields and authority, consolidating the constitutional mechanisms for the resolution of disputes on competence. Chapter 3 - "Federated Device" - contains 15 articles that develop and enshrine the most important provisions enshrined in Chapter 1, in particular in Art. 1, 4, 5. The norms of this chapter give a complete, exhaustive list of names of the subjects of the Russian Federation; Characterize the constitutional status of the Russian Federation and its subjects, the relationship between the federal authorities and the authorities of the subjects of the Federation.
Chapters 4-8 enshrine the foundations of the organization of state power and local government in the Russian Federation. Chapter 4 "President of the Russian Federation" consists of 14 articles that establish the status of the president as the head of state; The procedure for joining the position of President of the Russian Federation; the powers of the President of the Russian Federation, the foundation of their early termination; The procedure for the deregistration of the President of the Russian Federation from office. Chapter 5 "Federal Assembly" reveals the foundations of the organization and activities of the Parliament of the Russian Federation and includes 16 articles that enshrine the status of FS - Parliament as a representative and legislative body of the Russian Federation; The procedure for the formation of the Federal Assembly and its structure; the competence of the SF - the Upper Chamber of Parliament and the DG - the Lower Chamber of Parliament; Norms on the legislative process in the Russian Federation. Chapter 6 "The Government of the Russian Federation" consists of 8 articles governing the activities of the government, heading the executive power in the Russian Federation. In particular, chapter 6 consolidated the procedure for the formation, the structure of the government; competence of the government; The procedure for expressing distrust to the government, resignation.
Chapter 7 "Judicial Power" contains 12 articles characterizing the concept of judicial power in the Russian Federation. The chapter defines the judicial system in Russia; The status of judges, the principles of legal proceedings; The procedure for the formation and competence of the COP, Sun, the Russian Federation, the prosecutor's office of the Russian Federation. Chapter 8 "Local Self-Government" specifies the provisions of Art. 12 of the Constitution of the Russian Federation and enshrines the system of local self-government in the Russian Federation, the functions of local self-government in the Russian Federation, guarantees of local self-government. Chapter 9 "Constitutional amendments and the revision of the Constitution" contains norms that determine the procedure for changing and supplementing the current constitution and its revision, i.e. adoption new.
Based on generalizes Constitutional norms in certain unified complexes (sections, chapters) lies the similarity of the subject of regulation.
Sequence The location in the Constitution of the relevant sets of norms depends on several factors: accounting for the relationship of these norms with other, primacy and the production of them from each other, certain concepts laid down in the Constitution.
For the first Soviet constitutions of Russia, the imperfection of their structure with legal point vision. Grouping standards, especially in sections about general provisions The constitution was not properly systematized and is logically explained. At first, there was no special section on the rights of citizens at all, then it was included in the 1937 Constitution as one of the last chapters (ch. Xi).
Only in the Constitution of 1978. The section on the rights and obligations of citizens was put in second place, after the section on the basics of the social system and policies.
In the development of the draft Constitution of 1993, it was proposed to start it with the section on the rights and freedoms of a person and a citizen. In some foreign countries, these section or chapter open the Constitution.
The 1993 Constitution did not perceive such a structure that it can be recognized logical, for to begin the Constitution with the consolidation of human rights and freedoms without determining the general foundations of the organization of the Company, the member of which a person is and on which his rights and freedoms are relying. However, the Constitution did not in any way moved the problem of human rights and freedoms and citizen, consolidating already in Art. 2 Their recognition by the highest value as one of the most important foundations of the Russian Federation of Russia.
By its structure, the 1993 Constitution consists of a preamble and two sections. Section First Contains the actual constitution and includes nine chapters. They're called:
1) the foundations of the constitutional system;
2) human rights and freedoms and citizen;
3) federal device;
4) President of the Russian Federation;
5) Federal Assembly;
6) the Government of the Russian Federation;
7) the judiciary;
8) local self-government;
9) Constitutional amendments and revision of the Constitution.
Section two It is referred to as "final and transitional positions."
The indicated structure of the Constitution of Russia is significantly different from the structure of the preceding constitution.
The structure of the current Constitution of Russia reflects those conceptual ideas on which it is based:
1) The first section is called the "Basics of the constitutional system" (in the former constitution it was called the "Fundamentals of Public Building and Politicians");
2) the transition to the parliamentary system is recorded;
3) The list of chapters on state authorities opens the chapter on the President of the Russian Federation. This is manifested by the status of the president as the head of state;
4) the principle of separation of the authorities consistently and clearly. It is logical about the heads about the Federal Assembly, the Government, the judiciary;
5) The new beginnings of the federal device are enshrined, determining the status of constituent entities of the Russian Federation, the principles of delimitation of powers (sections devoted to the highest authorities of the republic and the Office of the Republic of Russia, the authorities, the Autonomous Region, the region, the Autonomous Region, the Autonomous Region, were allocated and federal significance);
6) there is no section on the state plan of economic and social development;
The structure of the Constitution includes preamble, the main part, submitted by sections and chapters, and final and transitional provisions. Sometimes the structure of the Constitution covers and applications.
So, in the previous Constitution of the Russian Federation of April 12, 1978, a federation agreement of March 31, 1992 was submitted as an application. The current Constitution of the Russian Federation in its structure is close to European constitutions, consists of a preamble, the main part, presented by 137 articles combined in First section, consisting of 9 chapters, as well as in the "final and transitional positions", which are the second section.
The structure of the Constitution, the logical interconnection of its main parts is due to the limits of constitutional regulation that dominates the constitutional doctrine in the country.
In the preamble of the Russian Constitution, the goals and objectives of the state are determined to: approval of human rights and freedoms, the approval of civil peace and harmony in the Russian Federation, the preservation of the historically established state unity, the revival of the sovereign statehood of Russia, the approval of the inviolability of the democratic foundations of the Russian state, ensuring welfare and prosperity Russia. The provisions of the preamble are a solemn-declarative character, one way or another permeate all articles of the principal law of the country, ultimately determine its meaning and meaning. Despite the originality of legal structures (in the legal understanding of the position of the preamble, do not constitute constitutional norms and principles), preamble has important legal significance. The positions of the preamble serve as a guide for the legislative and executive authorities, the administration of justice; secure the general obligations of the state to citizens; have a starting value for the judicial interpretation of the Constitution, in particular the interpretation of the Constitutional Court of the Russian Federation of a number of principles of the federal device; The preamble is important for finding the right in the event of discovery of gaps and contradictions in the Constitution, as well as if necessary, change or supplement the Constitution, i.e. To make amendments to it, when implementing constitutional disputes, etc.
Section The First Constitution of the Russian Federation consists of 9 chapters, including 137 articles:
- - Chapter 1. Basics of the constitutional system (Articles 1-16);
- - Chapter 2. Rights and freedoms of a person and a citizen (Articles 17-64);
- - Chapter 3. Federated Device (Articles 65-79);
- - Chapter 4. President of the Russian Federation (Articles 80-93);
- - Chapter 5. Federal Assembly (Articles 94-109);
- - Chapter 6. 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).
The first chapter "Fundamentals of the Constitutional Order" consists of 16 articles that enshrine the initial principles of the constitutional regulation of the most important parties to the life of Russian society, determine the essence of the state, the legal status of a person and a citizen, the principles of social and economic relations, the basis of the political system of society, the relationship between the state and religion. The foundations of the constitutional system are a primary regulatory framework for the remaining provisions of the Constitution of the Russian Federation, the entire system of current legislation. The norms that enshrine the foundations of the constitutional system of the Russian Federation have the highest legal force in relation to its other provisions. According to the Constitution (Part 3 of Art. 15) these standards, i.e. Art. 1-15, all other provisions of the Constitution must be consistent.
Consolidation in the Constitution (Art. 2) The provisions that a person, his rights and freedoms are the highest value of society, determined the specificization of the fundamental rights and freedoms of a person and a citizen, their guarantees in chapter 2 of the Constitution.
Chapter 2 "Human Rights and Freedoms and Citizen" contains 48 articles in which the principles of the legal status of a person and a citizen in Russia are fixed; Principles of citizenship in Russia; the system of civil (personal), political, economic, social and cultural rights and freedoms of man and citizen; guarantees of rights and freedoms; The main (constitutional) duties of a person and a citizen.
The room after the head of the rights and freedoms of man and the citizen of the chapter on the federal device is evidence of the special significance for Russia of the constitutional settlement of federal relations, the definition of the Federation's relationship and its subjects, the delimitation of objects and their fields and powers, the consolidation of constitutional mechanisms for the resolution of disputes on competence.
Chapter 3 "Federated Device" contains 15 articles developing the most important provisions enshrined in Chapter 1 of the "Basics of Constitutional System", in particular in Art. 1, 4, 5 of the Constitution of the Russian Federation. The norms of this chapter are characterized by: a complete exhaustive list of names of the constituent entities of the Russian Federation, the constitutional status of the Russian Federation and its subjects, the relationship between the federal authorities and the subjects of the Federation.
Chapters 4-8 establish the organization of state power and local self-government in the Russian Federation.
Chapter 4 "President of the Russian Federation" consists of 14 articles that secure: the status of the president as the head of state; The procedure for joining the position of President of the Russian Federation; the powers of the President of the Russian Federation, the foundation of their early termination; The procedure for the deregistration of the President of the Russian Federation from office.
Chapter 5 Federal Assembly reflects the foundations of the organization and activities of the Parliament of the Russian Federation and includes 11 articles that secure: the status of the Federal Assembly - Parliament as a representative and legislative body of the Russian Federation; The procedure for the formation of the Federal Assembly and its structure; Competence of the Federation Council - the Upper Chamber of Parliament and the State Duma - the Lower House of Parliament; Norms on the legislative process in the Russian Federation.
Chapter 6 "The Government of the Russian Federation" consists of 8 articles governing the activities of the government, heading the executive power in the Russian Federation. In particular, chapter 6 consolidated: the procedure for formation, the structure of the government; competence of the government; The order of retirement, expressions of distrust to the government.
Chapter 7 "Judicial Power" contains 12 articles characterizing the concept of the judiciary in the Russian Federation. Chapter defined: judicial system in Russia; The status of judges, the principles of legal proceedings; The procedure for the formation and competence of the constitutional, supreme, senior arbitration courts of the Russian Federation, the prosecutor's office of the Russian Federation.
Chapter 8 "Local Self-Government" specifies the position of Art. 12 of the Constitution of the Russian Federation and enshrines: a system of local self-government in the Russian Federation; Functions of local self-government in the Russian Federation; Guarantees of local self-government.
Chapter 9 "Constitutional amendments and the revision of the Constitution" contains norms that determine the procedure for changing and supplementing the current constitution and its revision, i.e. The adoption of the new Constitution of the Russian Federation.
The section of the Second Constitution "Final and Transitional Provisions" in the history of the Russian Constitution appeared for the first time. In the constitutions of foreign countries, such a section - the phenomenon is incredible.
The final and transitional provisions of the Constitution provide for the procedure for the change and revision of its provisions, and also contain norms indicating some temporary exemptions from the actions of the individual provisions of the first section of the Constitution.
The final and transitional provisions of the Constitution of the Russian Federation submit its second section, which consists of 9 points (parts).
In the Second Constitution of the Russian Federation, the provisions on the introduction of a new Constitution are fixed, the termination of the previous Constitution, the relationship between the Constitution and the Federative Treaty, the procedure for the application of laws and other regulatory legal acts acting before the entry into force of this Constitution, the foundations on which they continue to be effective Formed bodies.
The norms of the second section determine the grounds on which the transition process from the previous Constitution to the functioning of the new one.
The provisions of the second section are valid norms. The prescriptions contained in them are applied in solving many legal situations. Thus, due to the action of paragraph 5 of the section of the Second Constitution, providing that judges of the Constitutional Court retain their powers before the expiration of the term they were elected to the judges appointed before the 1993 Constitution (not by the Federation Council) did not spread the change in the federal constitutional law "On the Constitutional Court of the Russian Federation" On the withdrawal of the norm on the upper age. Previously, they were appointed for a period of up to 65 years. One of the points of concluding and transitional provisions was the subject of the interpretation of the Constitutional Court (paragraph 3), which once again emphasizes the working nature of this section of the Constitution.
The main features characterize the constitution as a specific reality that provides a powerful impact on public relations.
As a concentrated political expression of the state of society, the level of its development, the Constitution regulates the fundamental spheres of its livelihoods. This is an embodiment in its characteristic features.
A characteristic feature of the Constitution of the Russian Federation of 1993 is its adequate nature of public relations in society. It reflects the transitional nature of Russian society, controversial method of its existence. It was embodied, what was achieved and defended the multinational people of Russia: a variety of ownership, competition, freedom of economic activity, political and ideological pluralism, recognition of human rights and freedoms and citizen, federated device based on self-determination and equality of peoples, independent status Municipal Municipality, etc.
The characteristic feature of the Constitution of the Russian Federation of 1993 refers to the presence of fundamental provisions in it. It contains norms regulating the most important public relations and employees. legal basis For current legislation. Therefore, in its content, they are extremely abstract, because they are intended to establish the most important thing in social relations.
A characteristic feature of the Constitution of Russia is also its direct action. In accordance with this, constitutional norms do not need any other legal confirmation. This gives them a valid higher legal force and serves as a guarantor of their distortion.
Finally, the Constitution of the Russian Federation is characterized by the inviolability and ensuring the rights and freedoms of man and citizen. This is expressed in the fact that the Constitution proclaims that "recognition, observance and protection of human rights and freedoms and a citizen - the duty of the state" (Art. 2).
At the same time, it is emphasized that "a person, his rights and freedoms are the highest value." The Constitution consolidates and guarantee the rights and freedoms of a person and a citizen in accordance with the generally recognized principles and regulations. international law (Article 17).
According to the structure of the Constitution of the Russian Federation, 1993 consists of a preamble, 137 articles combined in the first section and consisting of 9 chapters, and "final and transitional provisions", which are the second section.
The new Russian Constitution perceived the structure characteristic of many newest constitutions. The first of her chapter establishes the foundations of the constitutional system of Russia,constituting the combination of principles, the main provisions that are primary regulatory base For both the rest of the Constitution, and for the entire system of current legislation and other regulatory acts. The norms of the first chapter are fixed by the principles of democracy, the rule of law, the state sovereignty of the Russian Federation, the recognition and approval of the rights and freedoms of man and citizen, the highest value, ideological and political pluralism, freedom of economic activity, recognition and protection of various forms of ownership, guarantees of local self-government, etc.
The Russian Federation is determined in the Constitution as a democratic federal legal state with the republican form of government (Part 1 of Article 1). The democratic nature of the state is revealed primarily in the Regulations that its multinational people are the only source of power in Russia and the people themselves also carry out both directly and through state authorities and local governments. The characteristic of the Russian state as a federal indicates the form of its territorial-state-owned device. The definition of the state as legal means that the principles of law prevail in the organization and activities of the state, and not the motives of political feasibility. Constitutional state It is related to the right, proceeds from the recognition of the inalienability of human rights and freedoms. The concept of "republican form of government" characterizes the state in which all higher Organs State power is either elected, or formed by representative agencies. The statement that the Russian state is social (Part 1 of Art. 7) means that it should serve society, take care of a person. The constitutional characteristics of the state as secular (Article 14) means the separation of the church from the state, the delimitation of the spheres of their activities.
In the chapter "The foundations of the constitutional system" approves the principle of separation of power. The unity of the entire system of state power implies its implementation on the basis of separation on legislative, executive and judicial. The legislative, executive and judicial authorities are independent (Article 10). Realizing the principle of separation of power, state bodies of different branches exercise their powers independently, interacting with each other and balancing each other. This principle means that none state body It is not entitled to go beyond the credentials established for him by the Constitution.
Head of Rights and Freedoms of Man and Citizenit follows in the new Russian constitution immediately after the head of the basics of the constitutional system. The place of this chapter in the Constitution testifies to the meaning of this problem, which is attached to it in our country. Legal status A person and citizen is characterized by a set of rights, freedoms and duties, with which it is empowered as a subject of legal relations arising in the process of implementing the norms of all branches of law. The Constitution includes all human rights and freedoms and citizens enshrined in international acts. At the same time, the Constitution of the Russian Federation comes from their natural and inalienable character; "The basic rights and freedoms of a person are indisputable and belong to everyone from birth" (Part 2 of Art. 17). Rights and freedoms are recognized by the Constitution directly in force. This means that if a person is guided by them, his behavior is legitimate. Rights and freedoms determine the meaning, the content and application of laws, the activities of the legislative and executive power, local self-government is provided by justice (Article 18). It is important to emphasize the principle of completeness and freedoms of citizens of the Russian Federation and enshrined by the Constitution. Every citizen of Russia has all rights and freedoms and carries equal constitutional duties.
The third chapter of the Constitution enshrines federated devicecountries. The place of this chapter in the Constitution is determined by the fact that the Russian state in the form of its territorial device - not a simple, unitary, but an allied, consisting of states (republics) and state-like formations close to the status for the state (edge, region, the city of federal significance, the autonomous region and autonomous districts). The federal device is based on the principle of separation of objects and powers between the authorities of the Federation and its subjects, which in the intraederate relations are equal. The Federal Device of Russia is based on its state integrity and unity of the system of state power.
Articles fourth, fifth, the sixth and seventh chapters of the Constitution establish system federal organs state powertheir powers, regulate the relationship. In the general telectual level, the legislative power is carried out by the Federal Assembly, the executive - the government, judicial - Constitutional Court, Supreme Court, Higher Court of Arbitration. The President of the Russian Federation is not a body of any of the three branches of state power, and is intended to "ensure the agreed functioning and interaction of state authorities" (part 2 of Article 80). The eighth chapter is devoted to the Institute of Local Government in the Russian Federation.
The first section of the Constitution is completed by the head of the ninth, regulating the order of constitutional corrections and revision of the Constitution.
Final and transitional provisionsthe Constitution of the Russian Federation is its second section having nine parts. In the first part of the section, it is established that the Constitution enters into force on the basis of its official publication on the results of a national vote, and that at the same time the Constitution (Basic Law) of the Russian Federation - Russia, adopted on April 12, 1978, is also terminated. In addition, it is established that in the case Mind of the provisions of the Constitution of the provisions of the Federal Treaty are the provisions of the Constitution of the Russian Federation. In the second part of the "concluding and transitional provisions", the procedure for the action of laws and other legal acts operating in the territory of the Russian Federation prior to the entry into force of the Constitution, and in the third - six parts - on the implementation of powers by the President, the Government and the courts of the Russian Federation in connection with the established The constitution of their new powers.