6.1. The concept of the constitutional order and its foundations

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Constitutional system: concept and main elements

The concept of the constitutional system and its foundations:

Each state has certain specific features, the totality of which makes it possible to judge the form or method of its organization, i.e. about the state system. This system, enshrined in the constitution, becomes the constitutional system.

The constitutional system (in the narrow sense) is a certain organization of the state established by the Constitution. The constitutional system (in a broad sense) is a set of economic, political, social, legal, ideological, public relations arising in connection with the organization of higher authorities, the state system, the relationship between man and the state, as well as civil society and states.

The concept of the foundations of the constitutional system of Russia includes the characteristics enshrined in the constitution as a democratic, legal, social, secular, federal state with a republican form of government.

The current Constitution of the Russian Federation was adopted at a national referendum held on December 12, 1993. On December 25, 1993, the new Constitution of the Russian Federation was officially published and began to operate.

The foundations of the constitutional order of the Russian Federation are the fundamental principles and principles that form the theoretical and regulatory framework the entire system of constitutional law of the Russian Federation. They are fixed in ch. 1 of the Constitution of the Russian Federation". The principles of the constitutional system of the Russian Federation are the fundamental principles of the state structure of the Russian Federation, directly dependent on the elements of the constitutional system of the Russian Federation.

The adoption of the constitution means the establishment of the obligation of the state to obey the constitutional precepts. Otherwise, the existence of the fundamental law loses all meaning, as well as the concept of the rule of law. However, the concept of a constitutional system does not apply to every state. It is applicable only to a state in which the constitution recognizes, consolidates, securely protects and guarantees the rights and freedoms of man and citizen, all law corresponds to this constitution, and the state is subordinate to law in everything. The constitutional system, therefore, is not reduced only to the fact of the existence of a constitution, but presupposes the existence of two necessary conditions: the constitution is democratic and it is respected.

In this way, constitutional order - this is a form or method of organizing the state, in which the rights and freedoms of man and citizen are respected, and the subordination of the state to law is ensured.

Elements of the constitutional order of the Russian Federation:

1. republican form of government;

2. sovereignty of the Russian Federation;

3. rights and freedoms of the individual;

4. source of power - the multinational people of Russia;

5. supremacy of the Constitution of the Russian Federation and federal legislation;

6. federal state structure;

7. citizenship of the Russian Federation;

8. division of state power into legislative, executive and judicial;

9. organization of local self-government.

The concept of the constitutional system often includes the established order (system) of relations between citizens, authorities, state and public organizations in which their rights and obligations are enshrined in the constitution (basic law) of the state and are certainly observed.

In this regard, the features of the constitutional system include:

" the rule of law;

» broad human rights and freedoms, their guarantee;

» participation of the people in the exercise of state power and broad popular representation;

" separation of powers.

The protection of the constitutional system is ensured by:

A special procedure for proposals and amendments to Chapter I of the Constitution - Fundamentals of the constitutional system;

The inevitability of punishment of persons carrying out actions aimed at overthrowing the constitutional order.

The foundations of the constitutional system determine the principles of the organization of the state in its relationship with the individual and civil society. That is the meaning of these fundamentals.

The foundations of the constitutional order of the Russian Federation are not regulated by everything, but by the most important social relations that characterize the Russian statehood. The totality of legal norms regulating these relations forms the constitutional legal institution "Fundamentals of the Constitutional System of the Russian Federation", which occupies a leading place in the system of constitutional law in Russia.

The constitutional consolidation of the foundations of the constitutional system ensures their proclamation on behalf of the peoples of Russia, their state will. This determines their legal significance, supremacy and obligation for all subjects of legal relations. The foundations of the constitutional system form the foundation of the entire legal regulation of the state and public life of Russia, they determine in legal form all the most important connections inherent in its organization. All of them can only be changed in special order specially established by the Constitution of the Russian Federation. At the same time, no other provisions of the Constitution can contradict the foundations of the constitutional system (Article 16 of the Constitution of the Russian Federation).

Thanks to the constitutional consolidation of the foundations of the constitutional system, the system of their guarantees is formed by both material, political, social and legal guarantees, and their implementation must be ensured by the state.

The foundations of the constitutional system are the main foundations of the state, its basic principles that characterize the Russian Federation as a constitutional state, which are guaranteed and provided by the state.

The Constitution of the Russian Federation, first of all, consolidates the principles, the main foundations of the Russian constitutional system, in which its humanistic orientation and democratic essence find expression, which characterize the Russian Federation as a constitutional state.

The Constitution of the Russian Federation recognizes such principles and properties of state power as the sovereignty of the state, separation of powers, state authorities and the relationship of local self-government with them as the foundations of the constitutional system.

Each constitutional principle does not operate on its own. All of them together and interconnected constitute the state, complement each other and are interdependent.

THE CONSTITUTION OF THE RUSSIAN FEDERATION IS THE BASIC LAW OF THE STATE. FOUNDATIONS OF THE CONSTITUTIONAL ORDER OF THE RUSSIAN FEDERATION

constitution - the fundamental law (or system of laws) of the state, which has the highest legal force, is adopted and changed in a special manner, fixing the foundations of the social system, legal status person and citizen, as well as the form of a particular state.

Types of constitution

legal science classifies existing constitutions according to criteria:

Form - it is customary to divide constitutions into written ones (single legal act, which has the highest legal force, adopted and changed in a special manner, codifying the legal norms governing the most important social relations) and unwritten (a set of several laws that fix the organization of the supreme state power, the rights and freedoms of citizens).

The order of establishment - constitutions are divided into oktroirovannye, which are bestowed by the monarch, and not oktroirovannye, i.e. adopted by the highest legislature power, a constituent assembly or a referendum.

· Duration of action - constitutions are temporary and permanent. Temporary ones have a limited duration, permanent ones are not limited to such a period.

· The method of adoption or amendment - constitutions are divided into flexible (changed in the usual legislative order) and rigid (changed in the order of a complicated procedure compared to the usual legislative process).

· Form of government - distinguish between monarchical and republicanconstitutions.

· Form of government - constitutions are classified into unitary, federal and confederal.

· The political regime enshrined in constitutions - are divided into democratic and anti-democratic.

The time of occurrence - the constitutions of the "old" and "new" generations. The first group includes constitutions adopted mainly in the 18th-19th centuries, as well as some constitutions of the first half of the 20th century. The second group consists of constitutions adopted after the Second World War .

Constitution of the Russian Federation

The current Constitution of the Russian Federation was adopted at a national referendum held on December 12, 1993. On December 25, 1993, the new Constitution of the Russian Federation was officially published and began to operate.

The Constitution of the Russian Federation is the Basic Law of the Russian Federation, the core of its legal system. The Constitution of the Russian Federation has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation. The supremacy of the Constitution means that it leads the entire system of legal acts (and all sources of law in general). The supreme legal force of the Constitution is manifested in the fact that all laws and other legal acts should not contradict it. The Constitution of the Russian Federation has direct effect, i.e. e. its norms directly regulate the most important social relations without any additional transmission mechanism. According to its structure, the Constitution of the Russian Federation consists of the Preamble and two sections. The Preamble describes the conditions and objectives of the adoption of the Constitution. The sections that follow are divided into chapters. Chapters are made up of articles.

Section one contains 137 articles grouped in nine chapters:

Chapter 1 - Fundamentals of the constitutional order;

Chapter 2 - Rights and freedoms of man and citizen;

Chapter 3 - federal structure;

Chapter 4 - President of the Russian Federation;

Chapter 5 - Federal Assembly;

Chapter 6 - Government of the Russian Federation;

Chapter 7 - Judiciary;

Chapter 8 - Local self-government;

Chapter 9 - Constitutional amendments and revision of the Constitution.

The second section is called "Final and Transitional Provisions" and contains nine parts.

Fundamentals of the constitutional order of the Russian Federation

The constitutional system is a system of social relations that are formed on the basis of the norms of the Constitution. The foundations of the constitutional order of the Russian Federation are the main, fundamental principles enshrined in the Constitution of the Russian Federation that underlie life Russian state and society. The principles (foundations) of the constitutional system include:

The principle of democracy enshrined in Art. 3 of the Constitution of the Russian Federation, means that in the Russian Federation all state and public affairs the people govern - both directly and through a system of bodies formed either by themselves or by bodies that they have formed (the Federal Assembly of the Russian Federation, the President of the Russian Federation, The State Duma Russian Federation, governors, mayors, etc.).

The principle of separation of powers enshrined in Art. 10 of the Constitution of the Russian Federation and involves the creation in the Russian Federation government agencies designed to perform the three main functions of state power - legislative, executive and judicial: the adoption of laws is carried out by the highest representative body(parliament); enforcement of laws rests with the government and agencies executive power; judicial branch carried out by independent courts.

The principle of federalism The Constitution of the Russian Federation defines Russia as federal state. The Russian Federation includes 21 republics, 49 regions, 6 territories, 2 federal cities, 1 autonomous region, 10 autonomous regions. Although the subjects of the Federation have different names, they are all created and operate on the same principles. The main principles of Russian federalism are the principles:

equality subjects of the Federation,

state integrity,

delimitation of subjects of jurisdiction between the state authorities of the Russian Federation and the bodies of the constituent entities of the Federation,

· other.

principle of republicanism Art. 1 of the Constitution of the Russian Federation establishes a republican form of government in Russia. Everything higher authorities state authorities in Russia are elected by the population or formed by their elected representative institutions. The head of state, the President of the Russian Federation, is elected by the people for a term of four years. The republican form of government is also obligatory for the subjects of the Federation.

The principle of the rule of law, The Russian state is defined by the Constitution of the Russian Federation as a legal state - a state that in all its activities is subject to law, functions within the boundaries defined by law. The meaning of the rule of law is revealed in Art. 2 of the Constitution of the Russian Federation, according to which a person, his rights and freedoms are the highest value, and the recognition, observance and protection of the rights and freedoms of a person and citizen is the duty of the state. The rule of law state is also characterized by the mutual responsibility of the state and the individual: the violator of the law, regardless of his personality, must be brought to justice. legal liability. V rule of law the principles of the rule of law in all spheres of society, as well as the principle of separation of powers, are being consistently implemented. The recognition of the Russian state as a legal state means the subordination of any actions of state bodies to the law, primarily the Constitution of the Russian Federation.

The principle of the market economy According to Part 1 of Art. 8 of the Constitution of the Russian Federation, the unity of the economic space is guaranteed in the Russian Federation, free movement goods, services and financial resources, support for competition, freedom of economic activity. In part 2 of the same article, it is established that in the Russian Federation private, state, municipal and other forms of ownership are recognized and protected in the same way. Right private property protected by law, which is emphasized in Part 1 of Art. 35 of the Constitution of the Russian Federation. Nationalization is allowed - the transfer of property from private to state and privatization - the transfer of property from state to private. The list of forms of ownership specified in the Constitution of the Russian Federation is not exhaustive, since it is accompanied by a reservation, by virtue of which other forms of ownership are recognized in the Russian Federation.

The principle of the welfare state, Article 7 of the Constitution of the Russian Federation defines the Russian Federation as a social state whose policy is aimed at creating conditions that ensure decent life and free development person. One of the most important goals of the welfare state is to smooth out social contradictions in society, to ensure social progress based on the principle of social justice. The social role of the state is expressed in providing everyone with the opportunity to dispose of their abilities for work, to have proper living conditions and food, vehicles, get medical care education, profession, state support various forms social security and charity.

The principle of a secular state, In accordance with Art. 14 of the Constitution of the Russian Federation is a secular state - a state in which there is no officially recognized religion and none of the religions is recognized as mandatory or preferred. In the Russian Federation there is no state (obligatory or preferred) religion, all religious denominations are equal among themselves and before the law, citizens are equal regardless of their religious affiliation, religion is not indicated in official documents. Religious associations are separated from the state: the state provides support to religious organizations, but does not interfere in their internal activities.

Principles of political and ideological diversity (pluralism). It implies the possibility of a free choice for a citizen: to be a member of any party operating within the framework of the Constitution of the Russian Federation or not to be a member of any party. This opportunity guarantees equal rights for citizens to participate in the political process, regardless of their party affiliation. In accordance with part 2 of article 13 of the Constitution of the Russian Federation, no ideology can be established as a state or mandatory one. Ideological diversity is understood as the right of an individual, social groups, political parties and public associations to freely develop theories, views, ideas regarding the economic, political, legal and other structure of the Russian Federation, to propagate them, to publicly defend their ideological views.

The foundations of the constitutional system of the Russian Federation allow you to understand the structure of the country, its uniqueness and difference from other states.

Tuning Basics

The political foundations of the constitutional order of the Russian Federation can be listed in the form of an exact list of signs:

• Democracy . State power is divided into 3 groups: legislative, executive, judicial. Each performs its own functionality, all types of power are independent and independent of each other.
• Legal basis . All laws and legal acts must be enforced. The authorities themselves, who create fundamental documents and ordinary citizens, are obliged to comply with them. The state, in turn, approves the laws that apply in international relations. Citizens of the Russian Federation have the same rights and freedoms, regardless of the place of residence and stay in a certain period of life. Having citizenship of the Russian Federation cannot be deprived of it or the rights that it gives.
• federation . Russia is an integral state, consisting of subjects of different status: republics, regions, territories, regions, autonomies, etc. The system of power is unified in all constituent parts of the country, at the same time, peoples are endowed with equal rights, free to express their will and self-determination.
• Sovereignty . The people unite various nationalities on their territory. This is the difference of the country from others. The number of nations in Russia is approximately 450.

  There is no such association in any state on the planet.

• The highest value of Russia - man, his rights and freedoms. People, united, hold referendums, elections to express their opinion. It is the decision of the majority that is recognized as law in the country. The value of a person is in his recognition by all levels of government.
• Form of government - Republican. The main features are elections and periodic turnover of the head of the country (president). The periods are approved by the Constitution. The system is focused on the human mind and the experience of the state. Other hallmarks of a republic are the strong power of the president and the parliament.

The political foundations of the Russian Federation are moving towards a presidential republic, but do not lose the outward signs of a state in which the parliament plays the main role.



Economic fundamentals

The Constitution of the Russian Federation is the main law for all subjects of the state. Other regulations obey a higher law. The Constitution has legal force, direct action. The economic fundamentals are also reflected in the articles of the Constitution. Briefly, the economic fundamentals can be presented following provisions :

• the formation of market relations;
• private economic structures are participants in the state economy;
• between private entities the process of competition is realized;
• state control is organized for the development of monopolies.

A law was passed to limit monopolies in the market. It suppresses unfair competition, creates conditions for the effective development and promotion of product markets.

Article 8 of the Constitution guarantees the following provisions:

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• unity of the economic space;
• free movement of goods;
• free movement of services;
• free movement of financial resources;
• support for healthy competition.

Economic activity in the country is free, but subject to laws, regulated by the Constitution and relevant acts.

What have we learned?

The political foundations of Russia reflect the features of the constitutional system, the republican form of government. The characteristics of the political foundations confirm democracy, federation and recognition of the value of human rights, respect for his freedoms.

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1. Constitutional system and constitutional state.

The constitutional system is a certain form, a certain way of organizing the state, enshrined in its constitution. The constitutional system is characterized by the basic principles underlying the relationship between man, society and the state. In a narrower sense, the constitutional system of the state is only such a form and method of organizing state power that characterize it as a constitutional state. constitutional state is a political organization of civil society, has a democratic and legal character. It recognizes human rights and ensures their protection, in addition, it itself is subject to law.

2. Fundamentals of the constitutional order.

The foundations of the constitutional system are the basic principles and foundations of the state, which are designed to provide it with the character of a constitutional state. The foundations of the constitutional system of the Russian Federation are enshrined in Chapter 1 of the Constitution of the Russian Federation, they cover a wide range of regulated social relations. The foundations of the constitutional system are usually divided into political, economic, social and spiritual. Constitutional principles are interconnected and form a system.

3. Political and spiritual foundations of the constitutional order.

Article 1 of the Constitution of the Russian Federation proclaims the Russian Federation a democratic federative legal state with a republican form of government. Democracy is such an organization of the state in which the people are recognized as the only source of power, power is exercised by the will and in the interests of the people. The democratic nature of the state, the democratic political regime is expressed primarily in democracy, as well as in the recognition and protection of the rights and freedoms of man and citizen, separation of powers, local self-government, political diversity, multi-party system, freedom of economic activity, variety of forms of ownership.

The rule of law is characteristic of the rule of law (compulsory legal regulations both for citizens and organizations, and for the state), the rule of law (in the system of legal norms), separation of powers (the signs of a democratic political regime and the rule of law overlap in many respects), observance and protection of human rights and freedoms, equality, equality of all before the law and the court, the mutual responsibility of the state and the citizen.

The federal structure characterizes the territorial organization of the state, legal relations between the state as a whole and its parts. The federal structure of the Russian Federation is based on the state value, the unity of the system of state power, the delimitation of the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the subjects of the Russian Federation, the equality and self-determination of peoples. The main feature of the republican form of government is the election and turnover of the head of state, the form of government of the Russian Federation can be defined as a mixed (presidential-parliamentary, semi-presidential) republic, combining the features of a presidential and parliamentary republic. Article 2 of the Constitution proclaims a person, his rights and freedoms as the highest value, imposes on the state the obligation to recognize, observe and protect human rights and freedoms. According to Article 4 of the Constitution, the sovereignty of the Russian Federation extends to its entire territory. Spiritual foundations of the constitutional order. The spiritual basis of the constitutional order of the Russian Federation is the secular nature of the state (Article 14 of the Constitution), no religion can be established as a state or mandatory religion, religious associations are separated from the state and equal before the law.

4. Economic and social foundations of the constitutional system.

The economic foundations of the constitutional system are the unity of the economic space, the free movement of goods, services and financial resources, the support of competition, as well as the diversity and equal protection of various forms of ownership (including land and other natural resources).

Article 7 of the Constitution of the Russian Federation proclaims the Russian Federation a social state, whose policy is aimed at creating conditions that ensure a decent life and free development of a person, while labor and health of people are protected in the Russian Federation, a guaranteed minimum wage is established, state support for the family, motherhood, and fatherhood is provided and childhood, disabled and elderly citizens, a system of social services is being developed, state pensions, allowances and other guarantees of social protection are being established.

5. New classification of the foundations of the constitutional system.

The new classification divides the foundations of the constitutional system into three groups.

The first group includes the foundations of the organization of state power, such as democracy, state sovereignty, federalism, the unity of the system of state power, the principle of separation of powers, local government, rule of law, Russia's membership in the world community, priority of international legal norms.

The second group is the foundations of the relationship between the state and the individual: the recognition of a person, his rights and freedoms as the highest value, the obligation of the state to recognize, observe, protect them.

The third group - the basics of organizing the life of civil society: social character states, unity of economic space, freedom of economic activity, diversity and equality of forms of ownership, ideological and political diversity, secular nature of the state.