The subject of constitutional state law of the Russian Federation is. Educational portal - everything for a law student
Let's consider concept and subject of constitutional law as branches of law.
Constitutional law represents one of the branches of the Russian legal system.
Constitutional law reveals its essential features. - is a collection legal norms , i.e. generally binding rules of behavior of people, compliance with which in necessary cases is ensured by the use of state coercion in various forms. Concept of constitutional law
is revealed in its fundamental legal norms. Public relations, which are regulated by industry norms, in legal sciences it is customary to call her.
subject Compared to others legal branches subject of constitutional law has significant peculiarities . They lie in the fact that it regulates relationships that develop almost in all areas
: political, economic, social, spiritual, etc. Important distinctive feature subject of constitutional law is that the constitutional and legal regulation of social relations in different areas
life covered by this industry has different volumetric content. In terms of public spheres norms of constitutional law regulate only fundamental relations. They are fully regulated by other branches of law. So, in economic sphere are only those relations that characterize the basic principles, concepts and principles of economics. In general, legal regulation economic relations
carried out by civil, entrepreneurial, financial and a number of other branches of law. In other spheres of society, a broader or entire complex of social relations is covered. These include relations related to the structure of the state, bodies state power , all political system society. That is, these are spheres, through legal regulation which ensure the integrity, usefulness, controllability of society as a single.
social system it is customary to call herThus, are basic, fundamental relationships that create the foundation of a complex system of social connections that are subject to legal influence. These basic relationships are system-forming, forming the integrity of society, its unity as an organized and functioning structure, which is based on the general principles of political, economic and social structure.
Due to this comprehensive nature of social relations, which are subject of constitutional law, they are characterized by enormous diversity and complexity of the system.
The norms of the industry in question establish the basic principlessystems of public authorities and local government . These include:
Types of government bodies;
The legal status of the head of state, legislative, executive and judicial authorities, the procedure for their formation, competence, forms of activity, acts issued by them;
The system of local self-government bodies.
Such legal regulation ensures the management of society, which is built on clear coordination and subordination of all organizational structures involved in the implementation of government powers to manage the company.
Constitutional and legal regulation The order of organization and activities of various government bodies is carried out with different levels of depth.
TO subject of constitutional law can be attributed to almost the entire area of social relations, which is associated with the establishment legal status representative and legislative bodies state power .
This is explained by the fact that it is these institutions that, for the most part, ensure the self-organization of society as a single political organism. They create the frame of the control mechanism social processes and laws are adopted with the help of which the most important social relations are legally regulated.
Constitutional and legal regulation fully covers public relations that are related to the functioning of the institution of the head of state - President of the Russian Federation .
TO subject of the branch of constitutional law in the field of regulation of activities executive power refer only to those legal relations in which the constitutional foundations and principles that determine the order of formation and status are expressed executive bodies. First of all, this concerns the Government of the Russian Federation, governments and senior officials of the constituent entities of the Russian Federation.
The detailed and precise competence of the government and all other executive authorities is regulated by the rules of administrative law.
The limits of constitutional and legal regulation are considered in a similar way judicial institutions . However, legal relations in the field of constitutional proceedings that are related to the activities Constitutional Court of the Russian Federation, constitutional and statutory courts of the constituent entities of the Federation, are fully covered by the subject of constitutional law.
Subject of constitutional law in area local authorities covers relations that establish the basis of their legal status, the principles of their organization and activities, the mechanism of relationships with government authorities. In general, legal relations that arise in the sphere of local self-government belong to the subject of municipal law.
social system concept of constitutional law The following definition can be given. Constitutional law - this is a set of legal norms that consolidate and regulate social relations that determine the organizational and functional unity of society. These include: basics constitutional order Russian Federation, fundamentals of the legal status of a person and a citizen, federal structure, the system of state power and the system of local self-government.
Subject of constitutional law are the basic relationships that arise in the process of forming the foundations of life of society and the state.
- Forward
The concept of constitutional law- an important component whole system rights of the Russian Federation. It is practically no different from other systems, since it also includes certain norms in the legal field, that is, generally accepted rules governing people’s behavior. These rules are enforced at the state level, including different shapes coercion.
Subject of Constitutional Law
Under subject of constitutional law refers to legal relations arising in all spheres of society, namely: social, economic, political and others. And the laws regulated by the norms of this industry.
1. Constitutional law includes norms that regulate social relationships that characterize the foundations on which the system of the country and society is based. These relationships are manifested primarily in the overall high-quality assessment of the country: independence, governance model, government apparatus model, state entities power, methods of their implementation, i.e. unified basic principles for the functioning of the entire socio-political concept of society.
In addition, society is in no way capable of being a viable system without the general bases of the financial concept: the definition of forms of property that are permitted and protected by the country, the guarantee of protecting the rights of owners, methods economic activity, labor protection, proclamation of a specific concept for providing the public needs of community members in the field of education, nature protection, and culture. Generally accepted measures of constitutional law regulate social relationships expressing the key foundations of the community in this area.
The main social relationships that characterize the structure of the country, community and the measures that record them, Ch. 1 of the Constitution of the Russian Federation, are summarized by the definition of “the basis of the constitutional system”.
2. Society as a whole, as well as a whole enterprise, cannot be carried out in the absence of the legal status of members of the community, without establishing norms of communication between the country and citizens.
The object of constitutional power is considered to be such social relationships that establish the basic principles of relations between people and the state, i.e. the basic rules that determine a person’s position in society and the country, citizenship, and in addition the key necessary powers, independence and direct responsibilities of people and citizens. These relationships themselves are considered the initial one for absolutely all other social relationships among people; they establish a person’s position in his various socially fundamental relationships. Constitutional rules stabilize these relationships and are recorded in Chapter. 2 of the Constitution of the Russian Federation “Rights and freedoms of man and citizen”.
3. Since Russia is considered a federal country, in this case, a wide area of relationships between the country and its subjects is quite appropriate. The regulation of these social relationships is an important component that ensures the unity and integrity of the state, reasoned by the real needs of sharing the objects of jurisdiction and capabilities of the Federation with its subjects. These relationships are also included in the object of constitutional law. Measures stabilizing them are present in Chap. 3 of the Russian Federation "Federal structure".
4. Previously, the integrity of the community was maintained not only by binding all social relationships without exception uniform rules his apparatus, however, and the appropriate areas of management public actions through which the functions characteristic of this environment as well as the created structure are carried out. A similar device is considered to be the concept of national power and the concept of regional self-government.
Method of constitutional law
Under method of constitutional law understood – totality legal means influences that are applied by the state in the process of legal regulation of public relations.
Constitutional law does not have its own special method legal regulation. In the constitutional and legal regulation of public relations, as in most other branches of law, a combination of two methods is used:
1) imperative combines the methods of obligation and prohibition (remains unchanged in the constitution)
2) dispositive (assumes the presence of various variants of a particular norm)
example: President – supreme commander(imperative method).
It is necessary to approach the definition of the subject of constitutional law with particular care and precision, since in this area (industry), we are talking about possible guarantees of the freedom of citizens, which in turn should be manifested in a minimum of restrictions under the existing protection. That is, power should manifest itself in a minimum of restrictions, and at the same time have only the most necessary minimum of powers, while directing activities for the benefit and interests of people.
Let us consider in more detail the social relations that are subject of constitutional law.
· The norms of constitutional law regulate social relations, defining the principles on which the structure of the state and society is based.
These relations express, first of all, quality characteristic states: sovereignty, form of government, form government system, subjects of state power and methods of its implementation, i.e. general principles of functioning of the entire political system of society.
· Society as a single organism, as an integral organization cannot exist without common principles legal status of members of society, without its relationship with the state and citizen. The relationships between people, which constitute the essence of every society, concern all aspects of its life, are very diverse in nature, the circumstances due to which they arise, and the permissible extent of influence of the state and law on them.
Naturally, all these various relationships between people play a different role in the formation of those generally significant social connections on which the unity of society is based and which constitute its essence as an integral system.
The subject of constitutional law is such social relations that determine the basis of a person’s relationship with the state, i.e. the main principles characterizing the position of a person in society and the state, citizenship, as well as the basic inalienable rights, freedoms and responsibilities of a person and a citizen.
· Since one of the foundations of the constitutional system of Russia is federalism, then objectively there is a wide sphere of relations between the Federation and its subjects.
The settlement of these social relations is important condition ensuring the integrity and unity of the state, justified by the real needs of delimiting the areas of competence and powers between the Federation and its subjects. These relations are also included in the subject of constitutional law. The rules governing them are contained in Chapter. 3 of the Russian Constitution.
· As noted above, the integrity and unity of society is ensured not only by connecting all social relations general principles its structure and organization, but also the corresponding mechanism for managing social processes, through which the functions inherent in a given society as an organized structure are carried out.
Such a mechanism is the system of state power and the system of local self-government.
The norms of constitutional law establish the basic principles of the system of public authorities and the system of local self-government bodies: types of public authorities, the legal status of legislative, executive and judicial authorities, the procedure for their formation, competence, forms of activity, acts issued by them, the system of local self-government bodies.
The relations that arise between citizens and the state, in addition to constitutional law, are also regulated by other branches of law (administrative, labor, etc.). However, constitutional law is the “foundation” of everything, it contains fundamental norms, which then form the basic rights and capabilities of a person. In science, there is a widespread understanding of law as a measure of freedom, and it is constitutional law that best meets this understanding.
The complexity of regulating relations between a person and the state lies in the fact that not only the concepts and indicators of human freedom must be taken into account, but also his responsibilities to the state and other members of this state.
After all, freedom does not mean absolute permission for any actions, since this can lead to sad and uncontrollable consequences due to the abuse of these concepts by society.
In addition, constitutional law not only gives rights, but also proclaims legal guarantees, contributes to the establishment of a state that will take responsibility for all the responsibilities for the well-being of its population, which in essence forms the structure of state power.
Through the rights of a free person, all relationships in society and forms of life structure, the entire social order are subsequently formed: social relations, economic system, forms of power and forms of property, labor law and so on.
And of course, the Constitution enshrines some social principles, such as: equal protection of all forms of property, multi-party system, independence of local government, etc.
The Constitution of the Russian Federation of 1993 does not have a section on the fundamentals of the social system, but many articles establish economic and social functions states that are aimed at one main goal: promoting the preservation of the rights and freedoms of the country's citizens, that is, these requirements establish the limits of state intervention in public life and its responsibilities towards people.
Thus, the state reserves the right for citizens to be absolutely free in choosing their ideals in achieving well-being and happiness.
An important point is that the formation of state power implies not only the establishment of government bodies, but also determines the order of interaction between bodies in such a way that, during their functioning, they form unified system, working as one organism, as well as all government bodies must be in such a relationship with people and their interests as to help reveal the role of the state in society.
The concept and subject of constitutional law of Russia as a branch of law
Constitutional law as a science studies constitutional legal norms and legal relations and institutions formed on their basis.
How academic discipline it is based on science.
According to A.N. Kokotov, it is constitutional law that sets goals for national law, general legal goal-setting, establishes values that are basic for all branches of law.
Russian constitutional law as a branch of law is a very multifaceted phenomenon.
In this aspect, constitutional law is characterized, firstly, as an integral part of the national legal system of our country.
It should be clarified that the national legal system, being a complex legal category, reflects, in the opinion of most scientists, the legal side of the organization of society, the holistic legal validity, the purpose of which is to display the basic legal phenomena that exist in a specific administrative-territorial or national-state entity, their mutual connections and relationships with the main, main component of this system - the law in its normative consolidation.
Secondly, the constitutional law of the Russian Federation is a set of legal norms that regulate social relations arising in the process of implementing democracy, protect the rights and freedoms of man and citizen, and also establish for these purposes a certain system of state power, based on the principle of “separation of powers” "
One of the most important achievements of the democratic process in Russia is the introduction into the consciousness of the people of the postulate: the people do not exist for the state, but the state exists for the person, to protect his freedom and ensure well-being.
But it is necessary to maintain a balance between power and freedom, since freedom without a strong statehood turns into anarchy, and a state built on denying its citizens freedom turns into a totalitarian one.
Ensuring a balance between the freedom of the people and the power of the state is the main task and meaning of Russian constitutional law.
The results of scientific-theoretical and problem-practical research are used quite fruitfully here.
At the same time, many, including prominent theorists of state and law, note the presence of crisis phenomena in state science.
One of the main reasons for conceptual dead ends in the science of constitutional (state) law is the lack of relevant methods of scientific research, which resulted in significant semantic and terminological interpretations.
There are also semantic differences between the changed information picture of the world and the science of constitutional law.
However, as we know, crises are a necessary prerequisite for the emergence of new theories and new methodologies.
According to N.A.’s definition Bogdanova, the methodology of the science of constitutional law is a field of knowledge of this science, which is a theoretical explanation of the foundations and principles of knowledge of its subject and offers logical methods and techniques of research with the aim of forming objective, comprehensive, systemic constitutional legal knowledge.
The need for new approaches in jurisprudence mediates new educational standards for law schools.
It is important that a new generation of jurists and state scientists, without ignoring the classical methods of the science of constitutional law, taking into account the systemic interconnection of methods of scientific knowledge, can offer more effective and correct solutions current problems modern state building.
Russian constitutional law is firmly intertwined with state and political practice.
Power relations affect a person, his rights and freedoms, and collide with the collective actions of people united in parties and movements, which influence these relations through elections.
Hence the enormous interest in the study of the institutions of constitutional law, the struggle of opinions around the political foundations of this branch and its institutions.
Like any branch of law, Russian constitutional law has its own subject, which is understood as the totality of social relations regulated by the norms of this branch of law.
Understanding the issue of the subject of constitutional law is a necessary prerequisite for a correct understanding of the general features inherent in its norms and institutions, the specifics of legal regulation, and also affects law enforcement activities.
The subject of constitutional law includes those relations that can be called basic, fundamental in the political, economic, social, cultural, and other spheres.
Taken together, they form a kind of foundation for a complex system of social connections that are subject to legal influence and determine their structure and operating principles.
These relationships are system-forming in nature, ensuring the integrity of society, its unity as an orderly, operating and developing structure based on the general principles of the political, economic and social structure of society and the state.
The subject of Russian constitutional law covers two main spheres of social relations: a) protection of human rights and freedoms (in the sphere of relations between man and the state); b) the structure of the state and state power (relations in the sphere of power).
The balance of these relations ensures the unity of society, which is ensured by: 1) the principles underlying it, expressing its qualitative certainty, forms of organization and functioning; 2) the mechanism through which all spheres of society are managed.
Constitutional law has as its subject social relations of this kind. Let's look at them in more detail:
1. Constitutional legal norms establish, first of all, the basic principles that determine the structure of society: sovereignty, form of government, form of government, ownership of power, general principles of functioning of the entire system of political organization of society.
There must be common foundations in society economic system: permitted and protected forms of ownership, guarantees for the protection of the rights of owners, methods of economic activity, provision by the state of needs in education, science, culture.
The set of fundamental social relations that determine the structure of the state and the norms that enshrine them in the current Constitution of Russia are summarized by the concept of “foundations of the constitutional system”.
2. Society cannot exist without a unified basis for the legal status of its members, defining the principles of the relationship between the state, society and citizen.
The subject of constitutional law is those relations that determine citizenship, principles characterizing a person’s position in society and the state, his rights, freedoms and responsibilities.
These relations are the source for all other spheres of social relations between people. 3. In Russia there is a wide sphere of relations between the Federation as a whole and its subjects, the settlement of which is an important condition for ensuring the integrity and unity of the state.
These relations also form the subject of constitutional law. 4. The integrity and unity of society is also ensured by the mechanism for managing social processes.
In society, this is expressed through the system of government bodies and.
Constitutional and legal norms establish the basic principles of the system of state authorities and local self-government bodies; types of organs; legal status of legislative, judicial and executive authorities, the procedure for their formation; forms of activity.
Through such legal regulation a company management system is provided.
The subject of Russian constitutional law includes the regulation of relations related to the system of all representative bodies of state power and local government bodies.
Consequently, the constitutional law of Russia is the leading branch of the law of the Russian Federation, representing a set of legal norms that consolidate and regulate social relations, through which the organizational and functional unity of society as an integral social system is ensured, i.e. the foundations of the constitutional system of the Russian Federation, the legal status of man and citizen, the federal structure, the system of state authorities and local governments, the relationship between man (society) and the state.
Constitutional legal norms and institutions
According to the definition of Yu.A. Tikhomirov “a constitutional norm is also a type of legal norm, therefore it has all the signs of a legal norm in general.
At the same time, it has its own peculiarities. This is first of all leading place, which a constitutional norm, like the constitution as a whole, occupies among legal norms.
According to the fair opinion of V.O. Luchin, “all constitutional norms are the same in terms of their main purpose.
This unity is due to their role and place in the mechanism of legal regulation.” The specifics of constitutional norms are characterized by:
In this regard, there are norms-definitions (for example, Article 1 of the Constitution of the Russian Federation, which gives the essential definition of Russia as a state), norms-beginnings (for example, Article 3 of the Constitution of the Russian Federation, which establishes that the only source of power is the multinational people of Russia), norms- rules (for example, Part 2 of Article 95, which defines the general approach to the formation of the Federation Council of the Federal Assembly of the Russian Federation), norms and principles (for example, Article 10 of the Constitution of the Russian Federation, which names the leading principle of the exercise of state power in the Russian Federation).
2. The sources in which they are expressed. We will talk about sources in the future, but the most important source, in which the fundamental, most significant norms are expressed, is a special legal act that has the highest legal force in the entire legal system - the Constitution of the Russian Federation.
5. A special implementation mechanism. Let us clarify that the implementation of law is understood as “compliance with its norms by the state and society as a whole, government bodies and officials, citizens and their associations”; as the social behavior of subjects of law, in which the requirements of legal norms are embodied; like a form practical activities to exercise rights and fulfill duties.
It is also correctly emphasized that “without implementation, the right loses its social meaning.” The implementation of constitutional norms: - is due to the fact that they determine the entire structure of state-legal and socio-political life of society; - cannot be reduced only to lawful (law-abiding) behavior; - requires social and legal activity; - carried out at several levels, determined by the framework of constitutional relations (state bodies either directly apply the norms of the constitution, or relevant laws are adopted on the basis of constitutional norms) and all other legal relations (constitutional norms act in conjunction with sectoral legislation); - found in various forms, whether or not related to specific legal relations; - is carried out different ways(means), including compliance with and execution, use and application of the constitution; - connected with the functions of the constitution (constituent, law-giving, protective, etc.); - depends on the will of the subjects of constitutional law, activities government agencies and the will of third parties.
Thus, the implementation of constitutional norms has much in common with a similar process of sectoral norms, but it also has its own specific features, a certain complexity associated with the special position of constitutional legislation in the national legal system, the originality of the content and form of its regulations, the complex nature of the constitutional impact on public relationship.
6. The specific nature of the subjects whose relations they are aimed at regulating.
All subjects of constitutional and legal relations can be divided into social and organizational.
Social subjects, in turn, are divided into individual (for example, a person, a citizen) and collective (for example, a multinational people, national minorities, indigenous peoples).
Organizational entities are public (for example, the state, government bodies, government bodies of constituent entities of the Russian Federation, local governments) and public (for example, public organizations, trade unions, political parties).
At the same time, based on the constitutional provision on the supreme value of man, his rights and freedoms, man acts as the main subject.
7. Features of the structure. Constitutional legal norms are characterized by a two-member structure (hypothesis and disposition) and only in some cases - a three-member structure (hypothesis, disposition and sanction).
Constitutional and legal norms are usually classified on the following grounds:
There are other interrelated sets of norms that regulate relatively similar areas of social relations.
When applying norms, it is important to establish all these relationships and determine their place in the system of other norms governing this area of social relations.
2. By legal force. This factor is directly dependent on the legal act in which this or that norm is expressed, on the place of legal acts of this type in common system law, as well as the delimitation of subjects of jurisdiction between the Russian Federation and its subjects.
No legal norm can contradict the Constitution.
The most significant norms are expressed in federal constitutional acts adopted on subjects of exclusive jurisdiction of the Russian Federation on issues directly specified in the Constitution itself (for example, Part 2 of Article 56 establishes that the procedure for maintaining a state of emergency throughout Russia or in its individual localities is regulated federal constitutional law).
In accordance with the Constitution of the Russian Federation, there are also federal laws that cannot contradict the Constitution of the Russian Federation and constitutional laws.
All other laws are issued on the basis of the Constitution and federal laws. legal acts.
The level of legal force of the norm depends on legal basis, on the basis of which its content is formed.
Legal force also determines the procedure for repealing a norm, the line of its interaction with other norms, and their relationship.
3. According to the territory of action. There are rules that apply throughout the territory of the Federation or in its individual subjects, as well as within the boundaries of the territory in which local self-government is exercised.
4. By the nature of the order contained. This feature reveals the mechanism of the regulatory influence of the norm.
There are norms: empowering, obliging and prohibiting.
Enabling norms establish the right of subjects to carry out the actions provided for therein and determine the scope of their powers.
These are all norms that establish the competence of the Russian Federation, its constituent entities, and the jurisdiction of all government bodies.
Enabling norms include norms-principles contained in the Constitution of the Russian Federation (for example, Article 10), norms-goals (for example, part 1 of Article 7), norms-tasks (for example, part 2 of Article 55), etc. P.
Their regulations establish the authority of all subjects to act in the context of the regulations provided for in them.
Binding norms establish the obligations of subjects to correlate their behavior and actions with the provisions of these norms, and to choose a behavior option that meets their requirements.
These include norms establishing constitutional duties citizens (for example, Articles 57, 58, 59 (Part 1)), and norms that exclude other options for action than those provided for in the norm (for example, paragraph “a” of Article 84, Part 1, 4 of Art. . 111).
Prohibitory norms contain prohibitions on the commission of certain actions provided for in them (for example, part 5 of article 13, part 1 of article 24, part 2 of article 55).
5. According to the degree of certainty of the instructions contained in them. On this basis, a distinction is made between imperative and dispositive norms.
Mandatory norms do not allow the discretion of the subject in applying the rule established by them.
They determine the behavior of the subject in given circumstances (for example, part 1 of article 54, part 3 of article 56, part 1 of article 75 of the Constitution of the Russian Federation)).
Dispositive norms provide for the possibility of choosing an option for the subject to act, taking into account the conditions and circumstances specified in the norm (for example, part 3 of article 59, part 3 of article 67, part 2 of article 68 of the Constitution of the Russian Federation). 6. By purpose in the mechanism of legal regulation.
There are procedural and substantive norms.
The application of many norms of constitutional law involves the need to comply with procedural rules embodied in procedural rules(for example, Article 93, Part 2 of Article 108).
The substantive norm provides for the content of the action for the legal regulation of social relations (for example, Part 1 of Article 67, Part 1 of Article 68 of the Constitution of the Russian Federation), and the procedural norm determines the order in which it should be implemented, the organization of work, and the procedure for adopting laws.
The legal result is achieved not by one legal norm, but by their combination.
Such sets of related norms are called state legal institutions.
The main thing in combining norms into a legal institution is the sign of homogeneity in the sphere of social relations they regulate.
As a constitutional legal institute the norms that establish the foundations of the constitutional system, the foundations of the status of a person and a citizen, and other sets of norms that act as the main parts of the industry system are considered.
A legal institution combines norms of various types, taking into account their classification.
It may include norms of varying legal force, varying in scope and other characteristics.
Establishing whether a norm belongs to a particular legal institution is necessary, since not every individual norm exhibits properties inherent in the institution as a whole.
Constitutional-legal relations, their subjects
Among the types of constitutional and legal relations we can distinguish permanent and temporary.
The validity period of permanent norms is not certain, but they may cease to exist in specific conditions (the death of a citizen terminates citizenship relations).
Temporary legal relations arise as a result of the implementation of specific norms and rules of conduct.
With the fulfillment of the legal obligations inherent in the legal relationship, they cease (legal relations between the voter and the precinct election commission ends at the end of the elections).
Special types of constitutional and legal relations are material and procedural.
In material legal relations the very content of rights and obligations is realized, through procedural ones - the order of implementation legal actions, i.e. procedure.
According to their intended purpose, legal relations are distinguished between legal relations and law enforcement legal relations.
Firstly, the rights and responsibilities that participants in legal relations must exercise are implemented, and secondly, the rights and responsibilities associated with legal protection regulations laid down in constitutional and legal norms establishing certain responsibilities of subjects.
The emergence of a specific constitutional-legal relationship on the basis of a legal norm is preceded by a legal fact.
This is where the implementation of the legal norm begins.
Thanks to legal fact a specific subject becomes a participant in a given legal relationship.
A legal fact is an event or action that entails the emergence, change or termination of a legal relationship.
Actions can be divided into legal acts and legal actions.
The range of subjects of constitutional and legal relations is very wide (people, state, deputies, government bodies, etc.).
The people act as the subject of legal relations during referendums, elections of deputies of the State Duma, and the President of the Russian Federation.
The subjects of constitutional-legal relations can be anyone to whom the legal norms of a given industry assign certain responsibilities and grant rights.
In some cases, both foreign citizens and stateless persons (when applying for citizenship) can act as subjects of constitutional and legal relations.
Sources of constitutional law: concept and types
The forms in this case are legal acts.
It establishes the name of legal acts, their legal force, the procedure for adoption, repeal and publication.
5. The significance of the Russian Constitution is also determined by the fact that the norms established in it act as a form of embodiment of the will of the people; in it in legal form the goals that society sets for itself and the principles of its organization and life are established.
6. The Constitution of the Russian Federation is an act not only of the highest legal, but also of social significance. Its norms apply to every citizen and all subjects of public activity.
Thus, the Constitution of the Russian Federation, as the main source of the branch, serves as a form of establishing the norms that make up the initial provisions of constitutional law, the basis of all constitutional and legal regulation of social relations included in the subject of this branch of law.
The sources of constitutional law that establish norms of general federal significance include the laws of the Russian Federation.
Law is the most common form through which it must be established greatest number constitutional and legal norms adopted on the basis of development constitutional provisions and principles.
In accordance with the Constitution of the Russian Federation of 1993, the adoption of federal constitutional laws is provided for (for example, part 2 of article 56, part 2 of article 65, part 5 of article 66, part 1 of article 70, paragraph "d" Article 103, Part 2 of Article 114, Part 3 of Article 118 of the Constitution of the Russian Federation) and federal laws (for example, Part 2 of Article 70, Part 2 of Article 67, Part 4 of Article 75, Part 4 Art. 81 of the Constitution of the Russian Federation).
They vary in legal force; subjects of knowledge that may be affected in them; procedure for acceptance; the possibility of the President of the Russian Federation using a suspensive veto in relation to them.
The source of constitutional law in Russia is a legal act in the form of a law of the Russian Federation on an amendment to the Constitution of the Russian Federation (Article 2 Federal Law dated March 4, 1998 No. 33-FZ “On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation”), as well as laws that were in force in the Russian Federation before the entry into force of the Constitution of the Russian Federation of 1993, in the part that does not contradict it ( Part 2 of the Final and Transitional Provisions of Section Two of the Constitution of the Russian Federation).
Thus, the sources of constitutional law include laws such as, for example, Federal Constitutional Law of December 25, 2000 No. 1-FKZ “On State flag Russian Federation”, Federal Law of the Russian Federation of May 31, 2002 No. 62-FZ “On Citizenship of the Russian Federation”, Law of the Russian Federation of April 1, 1993 No. 4730-1 “On the State Border of the Russian Federation”, etc.
Sources include legal acts containing constitutional and legal norms adopted by the President of Russia (for example, Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the system and structure of federal executive bodies”), the Federation Council (for example, Resolution of the Federation Council Federal Assembly of the Russian Federation dated January 30, 2002 No. 33-SF “On the Rules of Procedure of the Federation Council Federal Assembly Russian Federation"), the State Duma (for example, Resolution State Duma Federal Assembly of the Russian Federation dated January 18, 2000 No. 1-Ш ГД “On the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation”), the Government of the Russian Federation (for example, Resolution of the Government of the Russian Federation dated January 19, 2005 No. 30 “On Model regulations interactions federal bodies executive power ").
The source of the industry is the regulations of the chambers of the Federal Assembly of the Russian Federation, provisions on various auxiliary bodies formed by legislative and executive authorities.
Declarations occupy a special place among the sources of constitutional law: Declaration on State Sovereignty of June 12, 1992, Declaration on the Languages of the Peoples of Russia of October 25, 1991, Declaration of November 22, 1991.
Such declarations have legal meaning. They formulate principles that are considered mandatory for the entire constitutional and legal development of the state, proclaim new concepts that define further development states.
The sources of constitutional law that operate only on the territory of the constituent entities of the Russian Federation include the constitutions of republics and the charters of other constituent entities of the Federation.
The constitutions of republics and charters must comply with the Constitution of Russia and federal laws, since the latter have higher legal force in relation to others legal acts subject of the Russian Federation.
The forms of establishing legal norms that are valid only on the territory of a particular subject are laws adopted by its legislative (representative) body, resolutions adopted by executive authorities, and other regulations.
The sources of the industry also include legal acts of representative bodies of local self-government, containing constitutional and legal norms, in particular, their charters (regulations).
Characterizing the types of sources of constitutional law, it is necessary to highlight agreements: domestic public law (including Federative Treaty, signed on March 31, 1992, agreements on the delimitation of jurisdiction and powers between federal government bodies and government bodies of a specific subject of the Russian Federation, which are provided for in Part 3 of Art. 11 of the Federal Constitution) and international treaties, which as sources of constitutional law are defined by the Constitution of the Russian Federation itself (part 4 of article 15, part 3 of article 46, part 2 of article 67, etc.) (for example, the Treaty “On the Creation Union State" (Moscow, December 8, 1999), Agreement between the Russian Federation and Mongolia on legal assistance and legal relations in civil and criminal cases (Ulaanbaatar, April 20, 1999), etc.).
Court decisions are also sources of constitutional law, especially acts of the Constitutional Court of the Russian Federation, acting in accordance with the Federal Constitutional Law of the Russian Federation of July 26, 1994.
Decisions (rulings, determinations, conclusions) of the Constitutional Court of the Russian Federation are binding throughout the country for all representative, executive and judiciary state authorities, local governments, enterprises, organizations, officials and citizens, come into force immediately and are not subject to appeal.
As an example, we can cite the Resolution of the Constitutional Court of the Russian Federation dated June 16, 2006 No. 7-P “In the case of verifying the constitutionality of a number of provisions of Articles 48, 51, 52, 54, 58 and 59 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to participation in the referendum of citizens of the Russian Federation" in connection with the request of the State Duma of the Astrakhan region", Determination of the Constitutional Court of the Russian Federation of May 12, 2005 No. 145-0. “On the complaint of citizen Nikolai Ivanovich Andreev about the violation of his constitutional rights by part 3 of Article 30.11 of the Code of the Russian Federation on Administrative Offences.”
Sources of constitutional law also include decisions of referendums held in accordance with federal and regional legislation.
In particular, the results of referendums on the issue of forming a new subject of the Russian Federation within the Russian Federation, held in the Perm region and the Komi-Permyak Autonomous Okrug; Krasnoyarsk Territory, Taimyr (Dolgano-Nenets) and Evenki autonomous okrugs in accordance with Article 11 of the Federal Constitutional Law “On the procedure for admission to the Russian Federation and the formation within it of a new subject of the Russian Federation” served as the basis for the formation of such territories - the Perm and Krasnoyarsk territories, respectively.
The system of constitutional law of Russia and its place in the system of national law
In relation to institutions, the norms of which determine systems of state power and systems of local self-government, the following features can be pointed out: 1) these are norms of direct regulatory action, implemented in specific legal relations; 2) the subjects are the bodies of the state and local self-government in their status of democracy; 3) most of the norms are established on the basis of the Constitution of the Russian Federation in acts of current legislation that determine the procedure for their formation, competence, and forms of activity; 4) the norms of this institution are characterized by a specific relationship between federal norms and those in force in the territory of each subject of the Federation, as well as in the territories in which local self-government is exercised.
Thus, the totality legal features gives a certain group of norms the quality of an element of the industry.
The characteristics of the system of constitutional law presuppose the substantiation of the relationship between the elements of the industry and the place of each of them in the industry system.
Thus, the norms of the institution that consolidates the foundations of the constitutional system occupy first place in the industry system. In the next place is the institution that determines the basis of the legal status of a person and a citizen, his rights, freedoms and responsibilities.
The norms of the legal institution consolidate the federal structure, determine the necessary prerequisites for the legal regulation of the organizational structure of state power, and define national-state and state-territorial entities in the Russian Federation.
When characterizing the system of constitutional law, the question of its relationship with the system of the Constitution is important.
The industry system is predetermined by objective factors, but it is formed by a cognizing subject, therefore the subjective factor plays a decisive role in the characteristics of its constituent elements.
The industry system covers the entire set of constitutional and legal norms, and the Constitutional system is only part of these norms established in the main source of the industry.
Both for the industry system and for the Constitution, the starting point is the grouping of norms based on the unity of their material content and the specifics of social relations.
However, the relationship between these principles in the Constitution and the industry does not completely coincide.
The industry system is characterized by a higher level of generalization of norms according to their subject content.
In the Constitutional system, a more detailed principle of generalization of norms is applied.
The industry system, like the Constitutional system, is not something frozen.
They are constantly evolving, reflecting the level of development characteristic of each stage of society. legal impact on public relations.
Russian constitutional law is the leading branch of law in the Russian Federation.
This role is due to the importance of social relations, which are consolidated and regulated by the norms of this industry.
For all branches of law, the starting points are the principles of the federal structure of the state established by the norms of constitutional law, the division of powers between the federation and its subjects.
All branches of law are based on the principles of organization of the system of power enshrined in constitutional law.
The role of constitutional law as a leading branch of law is also due to the fact that it is its norms that regulate the very process of creating law.
They determine the types of legal acts, the bodies that issue them, and the relationship of their legal force.
This is expressed in those provisions that established the system and competence of government bodies, the principles of delimitation of powers between their various levels.
5. Significant reorganization of the federal structure of Russia.
Russia, which has always been defined as a federation, was such primarily in the way it organized territory, but not power.
Therefore, new principles of federalism are being enshrined in law, which are designed to ensure the integrity and sovereignty of Russia as a whole and, at the same time, the necessary level of independence of its subjects.
At the same time, the constitutional formula of Russian federalism does not avoid a number of shortcomings that complicate the process of strengthening statehood.
6. Transition to a market economic system.
The diversity of forms of ownership and equal protection by the state of all its forms are constitutionally enshrined, but the market itself has not yet taken shape.
The science of constitutional law in the system of social sciences
The subject of science combines knowledge about various aspects of the phenomena and processes being studied into a holistic system.
These include such major theoretical problems as the concept of popular representation, the essence of state, popular and national sovereignty, issues of state form, principle, separation of powers, the theory of federalism, etc.
An important place is occupied by the study of issues of the legal status of the individual, the rights and freedoms of man and citizen and their guarantees, the mutual relationship between the state and the individual, etc.
All these problems constitute the subject of science, the conclusions and theoretical positions obtained in the process of studying them are its content.
The science of constitutional law, like any other, is a system of knowledge. This means that it contains relatively isolated complexes of theoretical provisions, theories representing conclusions drawn on the basis of knowledge of the essence and patterns of development of various aspects of social relations regulated by the industry. These theoretical complexes are in a certain subordination.
The system of science of constitutional law is an ordered set of relatively independent complexes of theoretical provisions that have a logical connection with each other.
The basis of this system is the structure of the subject of scientific knowledge itself.
Due to the fact that the specified subject is the branch of law of the same name, each of the elements of the branch system corresponds to an independent section of constitutional legal theory.
Science must explore common features, inherent in the industry as a whole, the specifics and nature of its subject, the varieties of its norms, methods of their implementation, its sources, system.
The set of theoretical conclusions on all of the listed problems constitutes the first section in the system of science devoted to the characteristics of constitutional law and the science of the same name.
Without understanding this section, it is impossible to correctly understand the connections that exist between individual constitutional and legal institutions. The second section of the scientific system consists of provisions that substantiate the theory of the constitution and provide an analysis of the constitutional development of the state.
Next component system of science is a complex of theoretical problems arising from the content of the first constitutional and legal institute “Fundamentals of the Constitutional System”. She explores the essence Russian state, sovereignty, democracy, form of government.
Theoretical developments related to the analysis of the relationship between the state and the individual, the status of man and citizen, the nature of his rights, freedoms and responsibilities are becoming a relatively independent part of science.
Since Russia is a federation, a special section is allocated in science, covering a comprehensive theoretical development of the problems of federation and autonomy.
The sixth section, allocated in the system of science of constitutional law, combines research on the problems of organization and functioning of systems of state power and local self-government.
Science studies the principles of their construction, the essence and forms of implementation, the principles of separation of powers, the legal status of various state bodies, the forms and procedure for the activities of representative bodies, and the electoral system.
Thus, the system of science basically corresponds to the system of the industry, but is broader, since science cannot focus its attention only on specific constitutional and legal institutions, but also explores the general characteristics of the industry, its specifics, place and role in the legal system .
In formulating theoretical conclusions, the science of constitutional law relies on a wide system of sources, which refer to factors that constitute the foundations of scientific knowledge.
Such sources include the works of domestic and foreign scientists, containing the most general theoretical and philosophical judgments on problems related to the subject of constitutional legal science.
The sources of the science of constitutional law are also legal acts containing constitutional legal norms.
The fundamental position here, as already noted, is occupied by the Constitution of the Russian Federation.
Science could not adequately fulfill its tasks if it did not have as a source of scientific knowledge practice, those processes that occur in life on the basis of the action of constitutional legal norms and institutions.
In the general characteristics of the science of constitutional law, the question of the methods of scientific knowledge it uses is of great importance.
They are diverse: dialectical, systemic, analysis and synthesis, comparative legal, historical, statistical, concrete sociological, etc.
The use of the dialectical method allows us to explore the problems of constitutionalism in their interrelation and interdependence.
Science studies legal processes in their historical development.
This is necessary to identify continuity in legal regulation, for scientific conclusions about the connection of the latter with fundamental concepts social development, its correspondence to those social values that are both politically and normative form are recognized as a priority at this stage.
All scientific developments made in pre-October Russia were completely discarded as inconsistent with the new ideology of Marxism-Leninism.
During the Soviet period, a science of the “socialist type” was formed, the starting postulate of which was the fundamental ideas of the Marxist-Leninist doctrine of law, state, and democracy.
The starting point of any research was the recognition socialist character the Soviet state, where complete democracy was supposedly established, the exploitation of man by man was eliminated, and the moral and political unity of the people was achieved with the leading and guiding role of the CPSU.
Any deviation from these ideas was strictly suppressed, and science could develop only on their basis.
However, what has been said does not give reason to cross out all the results of research by state scientists of that period.
If we do not take into account ideological assessments, then great achievements in understanding the purely legal theoretical problems of the industry are undeniable state law.
This relates to general theoretical problems of the industry, the study of its specifics, the characteristics of its subject, methods of implementing state legal norms, etc.
Serious research has been carried out on the problems of essence state sovereignty, general issues popular representation, forms of direct democracy.
Science made a certain contribution to the development and substantiation of the basic theoretical concepts and categories that governed constitutional and current state legal legislation, and the scientific substantiation of their content.
Scientific developments contributed to practical activities related to the creation of specific legislative acts and the systematization of state legal legislation.
Education in place of the former USSR independent states, the formation of independent legal systems each of them marked a new stage in the development of state legal science.
In Russia it is emerging as a science of constitutional law.
Using the theoretical potential of the previous stage of development, the science of public law is freed from a dogmatic approach to the study of industry problems.
Recognition of the priority of universal human values, the need to form a civil society freed from global statization, the rejection of the monopoly of a single ideology, and the principle of one-party rule become the starting principles of constitutional and legal research.
The scientific interpretation is also changing legal forms regulation of the economic life of society.
The transition to a market form of economic management and the emergence of private property require new approaches to the theoretical analysis of constitutional provisions in this area.
The important tasks of the science of constitutional law of the Russian Federation are seen as the theoretical problem of federal relations, the substantiation of the concepts of the new Russian Constitution, which established the basic principles of the structure of the state and society, which gave general characteristics original beginnings all constitutional and legal institutions.
Theoretical thought capable of explaining, comprehending and shaping Russian constitutionalism is closest to modern Western liberalism. But this does not mean that the Russian constitutional system copies Western models.
Russia has its own path, but this path should not be far from the roads along which the world community moves; in addition, it must be remembered that a frozen constitution is good only when all its articles clearly work, ensuring the fulfillment of the tasks assigned to all.
Constitutional law of Russia as an academic discipline
Secondly, the term “state law” does not cover the norms of international law, while “constitutional law” establishes their relationship, the rules for resolving conflicts.
Questions arise: what is the reason for the dispute and why do some people really want to return the term “state law”? And the reason, at first glance, is as follows.
There are no social sciences that are divorced from politics, and especially not as significant as constitutional law.
State law is intended to regulate social relations arising in the process of exercising state power.
And those who think that the state and its institutions can do anything hope to receive answers within the framework of state law on how to achieve this.
But, unfortunately, such a task is unattainable, and historical experience has confirmed this.
authorities, but also to contribute to the formation of favorable conditions and optimal tactical and strategic space for the progressive development of society and the state.
Therefore, Russian constitutional law has been introduced as an academic discipline not only in law schools and law faculties.
It can be stated that without mastering constitutional law, it is difficult to seriously engage in the process of modern state building.
Each branch of law has its own subject of regulation, which is the initial and main criterion for dividing the legal system into branches.
The independence and specificity of constitutional law is determined primarily by the special subject of legal (constitutional) regulation, that is, by those specific social relations that are regulated by its norms. In the most general view legal branches constitute social relations that form the basis of the entire structure of society and the state and are directly related to the establishment, implementation, transfer of state power in various forms; establishing the limits of government power; guaranteeing the rights and freedoms of man and citizen. These are the relationships between man, society and the state and the fundamental relationships that determine the structure of the state and its functioning.
From the above, we can distinguish the following specific groups of social relations that are included in the subject of constitutional law of the Russian Federation:
1. Social relations arising from the foundations of the constitutional system of the Russian Federation.
1) the main principles of society and the state;
2) a mechanism for implementing the power of the multinational people of the Russian Federation;
3) the fundamentals of social policy of the Russian Federation;
4) the fundamentals of the Russian economic system;
5) the fundamentals of the political system of the Russian Federation.
2. Social relations arising from the fundamentals of the legal status of the individual.
Constitutional norms regulate relations related to:
1) with the principles of the legal status of a person and citizen;
2) with citizenship of the Russian Federation;
3) with the fundamental rights, freedoms and responsibilities of a person and citizen of the Russian Federation;
4) with legal guarantees to ensure fundamental rights and freedoms.
3. Social relations arising from the federal structure of Russia.
Here, social relations are characterized by:
1) the structure of the Russian state;
2) the status and competence of Russia and the constituent entities of the Russian Federation;
3) State symbols Russia;
4) the system of executive authorities “horizontally” (center - regions).
4. Public relations expressing the principles of organization and activities of state authorities and local government in the Russian Federation.
These relationships are characterized by the fact that they contain:
1) principles of election of the President of the Russian Federation; his status and competence; procedure for removal from office;
2) the mechanism for forming the Russian parliament - the Federal Assembly; the powers of its chambers: the Federation Council and the State Duma; procedure for passing laws;
3) the mechanism for forming the Government of the Russian Federation; his competence and responsibility;
4) structure and principles of activity of the judiciary;
5) the principle of the formation and activities of local government in Russia.
Next hallmark Each branch of law has its method.
Method of legal regulation- a set of interrelated and interdependent techniques, methods of legal influence on a special area of social relations.
The predominant form of constitutional and legal regulation of public relations is obligation method. It is in this form that many norms of constitutional law are proclaimed, for example: “Government bodies, local self-government bodies, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws” (Part 2 of Article 15 of the Constitution of the Russian Federation); “Everyone is obliged to pay legally established taxes and fees” (Article 57 of the Constitution of the Russian Federation), etc.
In constitutional law one can often find normative consolidation prohibition method: “No one can appropriate power in the Russian Federation” (Part 4 of Article 3 of the Constitution of the Russian Federation).
Constitutional law knows and permission method: “Everyone can freely travel outside the Russian Federation” (Part 2 of Article 27 of the Constitution of the Russian Federation); “Forced alienation of property for state needs can be made only subject to preliminary and equivalent compensation” (Part 3 of Article 35 of the Constitution of the Russian Federation).
So, constitutional law uses a variety of techniques, means, and forms of influence on social relations, because these relations themselves are different, which determines the originality of the method of this branch of law.
Its essence lies in the combination and interpenetration of techniques and methods of influencing social relations, typical for political, moral and legal regulation.
Having identified the subject and method of constitutional law, revealing its essential qualities, we can formulate the most general definition this branch of law.
Constitutional law of Russia- this is the fundamental (basic) branch of the entire legal system of the Russian Federation, which is a system of legal norms regulating the foundations of the constitutional system, the foundations of the legal status of the individual, the federal structure, the foundations of the organization and activities of the system of state authorities and local governments.