Constitutional law definition. Constitutional laws: concept, types, legal nature

TEST

in the discipline: “Jurisprudence”

on the topic: “Constitution Russian Federation– the fundamental law of a legal society”

Introduction……………………………………………………....…………….…..3

The Constitution of the Russian Federation is the basic law of a legal society..4

Conclusion…………………………………..…………………....…………..….11

References……………………………………………………………....……………12

Introduction

The reforms taking place in the Russian Federation in almost all sectors of the population's life require active legal support, and this process must be understood and supported by the population of the country.

Russian society has managed to largely avoid destructive shocks and has achieved the preservation of a socially acceptable level of political stability and civil harmony, although further stratification of society is occurring. Nevertheless, today we can speak with confidence only about a significant improvement in the situation in the constitutional sphere, in the sphere of parliamentarism, federal relations, economics, land, customs law, etc.

In the conditions of legal nihilism in Russia, the strengthening of public interest in legal issues is a significant phenomenon, since it means the inclusion of society in its various manifestations, and society cannot do without legal regulation. Today, not a single significant decision can be made without programming it for compliance with the law.

1. The Constitution of the Russian Federation is the basic law of a legal society

The constitution is an attribute of the state. Currently, there are more than 200 constitutions in force in the world (taking into account the historical experience of constitutionalism, there are much more), one of which is the Constitution of Russia. The Constitution is the main source constitutional law, since this act establishes legal norms of a general nature that mediate all Russian legislation: The Constitution of the Russian Federation has supremacy throughout the country (Part 2, Article 4).

The Constitution is a normative legal act that has the highest legal force, regulating the relations arising between a person (society) and the state, as well as establishing the basis for the organization of the state itself. Based on this, we can conclude that the priority goal of the constitution is related to limiting arbitrariness public authority in relation to the rights and freedoms of persons under the jurisdiction of Russia.

At the end of 1993, as a result of a referendum, a new Constitution of the Russian Federation was adopted. Compared to the previous Constitutions of the RSFSR and the USSR, the new Constitution marks a fundamentally different period in the development of Russia - democratic Russia, free from the ideological shackles of Marxism-Leninism, which declared commitment to international law, the priority of the rights and freedoms of man and citizen.

The vote on the Constitution took place on December 12, 1993. 54.8% of all citizen voters came to the polling stations. 58.4% were in favor of adopting the Constitution of the Russian Federation, 41.5% were against. Thus, in accordance with the established procedure, the new Constitution of the Russian Federation was adopted and entered into legal force.

Let us note that the formal experience of constitutionalism in Russia began on July 10, 1918, when the first Constitution (Basic Law) of sovereign Russia was adopted. Since then, constitutions have been adopted in Russia on May 11, 1925, January 21, 1937, April 12, 1978. The last Constitution (Basic Law) was adopted during 1989-1992. More than 300 amendments were made, which changed not only its “letter”, but also its “spirit”. This circumstance gives grounds to say that in Russia there were not 5, but 6 constitutions.

The new Constitution of the Russian Federation is an important legal document. Its adoption and the holding of parliamentary elections is a major milestone in the development of Russia as a new democratic state. The Constitution of the Russian Federation drew a line under the communist system that existed in the country and laid the foundations of a new social system, focused on the best examples of Western civilization.

The Constitution of the Russian Federation is characterized by the substantive breadth of the norms established in it, which cover political, economic, social, and spiritual relations.

The Constitution of the Russian Federation has supreme legal force, direct effect and is applied throughout the territory of Russia, as established by the Constitution itself. Laws and legal acts adopted in Russia must not contradict the Constitution of the Russian Federation (Part 1, Article 15).

The Constitution of the Russian Federation consolidated the political, economic and social changes that occurred as a result of the reforms carried out. In accordance with the Constitution, the Russian state is democratic and legal. The principle of real democracy has been established. Private property is recognized and protected by the state along with state and municipal property. Ideological diversity and multi-party system are recognized.

The supremacy of the Constitution means that it is an act of the highest legal force, its norms are the fundamental source of not only constitutional law, but also other branches of law - civil, administrative, etc.; current laws and others regulations must be adopted only by state bodies specified in the Constitution and comply with the Constitution; state bodies, local government bodies, officials, citizens and their associations are obliged to comply with the Constitution.

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

The theory of the constitution resorts to such a method of studying it as classification, which allows one to characterize a given legal act from different angles. Thus, according to their origin, a distinction is made between constitutions octroied (granted) and those established by the will of the people. The current Russian Constitution was adopted by popular vote. Consequently, the norms established in it act as a form of embodiment of the state will of the people; it establishes in legal form the goals that society sets for itself, and the principles of its organization and life. Based on the unity of the document, codified and uncodified (for example, in the UK) constitutions are distinguished. The Russian Constitution is codified because it represents a single normative legal act.

The Constitution is designed to give the country long-awaited stability. For the first time, it clearly defines and delineates the rights of the President. Federal Assembly. Governments. The temptation and possibility of power structures to “pull the blanket” onto themselves is excluded. The democratic principle of separation of powers insures Russia against a repetition of the acute political crisis of the autumn of 1993 and creates the necessary mechanism of counterbalances that excludes attempts (and the possibility) of seizing power by one of its branches. The state needs a strong President and Government, but in combination with a full-fledged parliament with sufficiently broad powers to prevent the emergence of an authoritarian regime.

In the process of preparing the draft Constitution, a huge amount of work was done by representatives of federal authorities and constituent entities of the Russian Federation, as a result of which it was possible to find a compromise formula for combining all-Russian and regional interests. The results of the compromise: Russia remains united for all Russians, and the subjects of the Federation receive opportunities for their full development.

As in all parliamentary democracies, in Russia, according to the Constitution of the Russian Federation, the functions of the chambers of the Federal Assembly are separated. The principle of equality of the subjects of the Federation during the formation of the Federation Council was consistently implemented. It is envisaged to introduce a new state institution for Russia - the Commissioner for Human Morals in the Russian Federation.

The Constitution of the Russian Federation contains another fundamental innovation. In the Russian Federation, local government bodies are not included in the system of state authorities. Democratically elected local governments based on municipal property and the local budget will become the most important element of the structure civil society.

In the legal system of the state, the Constitution of the Russian Federation has the highest legal force. Its supremacy means that the Constitution of the Russian Federation is the fundamental law, constitutes the pinnacle of the legal system and is valid throughout the entire territory of Russia. The highest legal force of the Constitution of the Russian Federation is determined by the degree of its binding nature. All state authorities, local governments, officials, citizens and their associations must comply with the Constitution of the Russian Federation. The binding nature of the Constitution also means that all laws and other regulations must not contradict it (Article 15 of the Constitution of the Russian Federation). Otherwise, they are recognized as unconstitutional, subject to cancellation and considered ineffective from the moment of their adoption.

The position and role of the Constitution of the Russian Federation in the legal system is guaranteed by its stability, which is expressed in the complex procedure for its amendment and revision. Thus, the Constitution of the Russian Federation establishes a narrower circle of subjects who have the right to make proposals for amendments and revisions to the Constitution in comparison with the right of legislative initiative under other laws. This right is vested in: the President of the Russian Federation, the Federation Council and the State Duma, the Government of the Russian Federation, legislative (representative) bodies of the constituent entities of the Federation, as well as at least "/5 members of the Federation Council or deputies State Duma(Article 134).

The most complex procedure is provided for changing the content of Chapter 1 (Fundamentals of the Constitutional System), Chapter 2 (Rights and Freedoms of Man and Citizen) and Chapter 9 (Constitutional Amendments and Revision of the Constitution). The complicated procedure is determined by the importance of the consequences of the decisions made; revision of these chapters entails significant change Constitution, and this is almost equivalent to the adoption of a new Constitution. That is why only a special Constitutional Assembly has the right to revise these chapters. It is convened in accordance with federal constitutional law for the sole purpose of revising the Constitution. However, the implementation of this procedure is possible only on the condition that the proposal to revise the Constitution is supported by 3/5 votes of the total number of members of the Federation Council and deputies of the State Duma (clause 2 of Article 135).

In most countries, a law amending the constitution is called constitutional. Their procedure coincides with the procedure for changing the constitution. In the Russian Federation and Kazakhstan, constitutional laws are issued on issues specifically provided for by the constitution and are adopted in a manner different from the procedure for amending the constitution. In a number of countries, laws that together constitute the constitution of the state are called constitutional. For example, in Sweden - the Succession Act of 1810, the Form of Government of 1974, the Freedom of the Press Act of 1949. In this case, constitutional laws are called legal constitution. In Austria, the constitution is officially called the Federal Constitutional Law.

Constitutional are laws that radically change the Basic Law of the country, for example, the territorial structure of the state, the form of government. In this case, the constitutional law is recognized integral part Constitution. Under the Constitutional Law of 1968, unitary Czechoslovakia was transformed into a federal state. Close (but not identical) to the concept of “constitutional law” is the concept of “organic law” used in foreign constitutional practice. These are considered laws that “organically” follow from the constitution, that is, when the adoption of such laws is provided for by the constitution, or they specify its provisions. Organic law is often understood as an act that determines the legal status of state bodies or local governments.

Federal constitutional laws of the Russian Federation are fundamental laws issued on issues directly outlined in the Constitution of the Russian Federation. To adopt a federal constitutional law, it must be approved by three-quarters of the votes of the total number of members of the Federation Council and two-thirds of the votes of the total number of deputies of the State Duma. The adopted federal constitutional law must be signed by the President of the Russian Federation and promulgated within 14 days. Due to the fact that federal constitutional laws are adopted by a qualified majority of votes and are not subject to the possibility of returning for a new consideration, the President of the Russian Federation does not have the right to apply a suspensive veto to them. The Constitution of the Russian Federation indicates that federal laws may not contradict federal constitutional laws. According to the Constitution of the Russian Federation, federal constitutional laws are adopted on issues of the procedure for admitting a new subject to the Russian Federation; changes in the status of a subject of the Russian Federation; establishment of the State flag, coat of arms and anthem of the Russian Federation, their description and procedure for official use; the procedure for the activities of the government of the Russian Federation; establishing the judicial system of the Russian Federation; powers, order of formation and activities of the Constitutional, Supreme and Supreme Arbitration Courts of the Russian Federation; the regime of emergency and martial law, the procedure for convening the Constitutional Assembly.

The word "constitution" translated from Latin means " device, installation". This means that the Constitution is the structure of the state and the establishment of laws in it by which the society of a given state lives. It determines the principle by which public authorities live and operate, determines the electoral system, and reflects the rights and responsibilities of citizens.

The Constitution is main law of the state, it has the highest legal force. Without a constitution, no legal state can exist, society will plunge into chaos, there will be no stability and protection.

History of the development of the constitution

The origin of the word “constitution” takes us back to the distant past, to ancient times. Even Sparta and Ancient Athens had their own unwritten constitutions. In England in 1215, the First Constitutional Act was the Magna Carta. In the Middle Ages, a constitution (Basic Law) was created and is still in force in San Marino. It was adopted in 1600, but its basis is considered to be the “city charter”, which was adopted in 1300. At a later time, in 1529, the constitution “Status of the Grand Duchy of Lithuania” appeared (amended in 1566 and 1588). But the first written constitution is considered to be the US Constitution, formed in 1787 and in force to this day with amendments.

Each state has its own adopted (written and unwritten) Constitution. The constitution has no expiration date. It is subject to change (amendments), additions, and sometimes reissue when society is on the verge of change.

IN Russian Empire have been operating since 1832 Basic state laws “, but as a result of the appearance of the Manifesto, which was published on behalf of Nicholas II and was called “On the Improvement public order", the laws have undergone great changes. And as a result of these changes, since 1906, from April 23, they are considered the first Constitution of Russia.

In the Russian Federation, in its history there were 5 constitutions:

1. 1918 - Constitution of the RSFSR, adopted after the “coup” in October.
2. 1925 - Constitution of the RSFSR - unification in the USSR with independent republics.
3. 1937 - Constitution of the RSFSR, adopted under Stalin.
4. 1978 - Constitution of the RSFSR, adopted under Brezhnev.
5. 1993 - Constitution of the Russian Federation - the first Constitution of Democratic Russia, still in force today.

Types of constitutions

Different states have different constitutions. It is customary to divide the types of constitutions:

• Written constitution is a single and only act. There may be additional acts, but formally it is a single constitution.
• Unwritten constitution is a set of (ordinary) laws. They are not combined into a single act, and there may be other sources endowed with higher legal rights.
• Granted Constitution- put into effect by an act signed by the head of a given state (emperor), without the consent of the people.
• People's Constitution- adopted by referendum or by the highest authority;
• A flexible constitution is the main law that can be changed like an ordinary law in a state.
• Rigid constitution- a main law that can be changed through a more complex order than an ordinary law. Most (written) constitutions can be classified as rigid.

Constitutions are also divided into:

1. Legal- these are all types of constitution (popular, written or unwritten, flexible or rigid) - they all have legal rights.
2. Actual- These are state-public relations enshrined in the legal constitution.
3. Real constitution- the laws enshrined in it are reality, and factual and legal are identical.
4. Fictitious constitution- it contains laws that either do not exist in reality, or they differ from constitutional laws.

Changing the Constitution

Changes and amendments to the basic law of the state are directly related to public life, its changes, and the balance of political forces. The revision of some provisions of the Constitution of the Russian Federation, in which changes are overdue, is provided for by Chapter 9 of the Constitution of the Russian Federation and the Federal Law of March 4, 1998. It talks about the procedure for adopting amendments to the Constitution of the Russian Federation.

Amendments can only be made by the president of the country, the State Duma, the government of the Russian Federation, the Federation Council, and the legislative bodies of the constituent entities of the Russian Federation.

But not all chapters of the Constitution are subject to amendment in the specified order. It's about on the revision of the provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation. It cannot take place in the above order, but if, nevertheless, 3/5 of the votes of deputies in the State Duma and members of the Federation Council support the proposal to revise the provisions of these chapters, then the Constitutional Assembly of the Russian Federation either confirms the immutability of the Constitution of the Russian Federation, or considers the draft of a new Constitution of the Russian Federation , and the project is put to a popular vote.

How does a constitution differ from a law?

Unlike constitutional laws, laws made within a country must not violate the fundamentals of the Constitution. It is the foundation of all current legislation in the state. And if a certain law does not obey this rule, then it is unconstitutional. This is stated in Article 15 of the Constitution of the Russian Federation. Laws issued must be officially published. Laws that are not published are not applied.

A law is a rule that regulates life only in a certain area and, perhaps, only locally, while the Constitution is valid throughout the entire territory of the state. The law is issued by the body vested with such powers. The President of the Russian Federation can veto a Federal Law, and the law will not be adopted. With regard to constitutional laws, the President does not have such a right. The Constitution is valid until adopted new project. It’s easier to repeal the law - published new law or the old law expires.

The constitution is stable. And the adoption of the new Constitution leads to fundamental changes in society.

legal constitutional federal law

The source of Russian constitutional law is federal constitutional laws, first named in the 1993 Constitution of the Russian Federation. They regulate the most important relations in the sphere of organization and implementation of state power and the relationship between the state and the citizen. All federal constitutional laws are listed in the Constitution itself. There are thirteen of them. Unfortunately, due to the vagueness of constitutional formulations, there are discrepancies even in the number of such laws: from 12 to 16. The idea of ​​constitutional laws was aimed at reducing the volume of the Constitution of the Russian Federation itself.

In terms of their legal force, federal constitutional laws occupy an intermediate place between the Constitution of the Russian Federation and ordinary federal laws; they are adopted according to a more complex procedure than the latter, requiring a higher degree of public consent. This idea of ​​the relationship between the legal force of the Constitution of the Russian Federation, federal constitutional laws and ordinary federal laws prevails. The basis for it may be the provisions of Part 1 of Article 15 (“Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation”) and Part 3 of Article 76 of the Constitution (“Federal laws cannot contradict federal constitutional laws”). One cannot, however, fail to recognize certain grounds for another position, according to which federal constitutional laws have the same force as the Constitution, as is the case, for example, in Italy or France.

In foreign constitutional practice, a law that makes changes and additions to the current constitution of the country is recognized as constitutional. There is no unambiguous concept of constitutional law in constitutional practice. It is generally accepted that, in terms of its legal significance, a law that is distinguished by its special “closeness” (legal relationship) with the constitution of the country or replaces the constitution is constitutional. In this case, one or more constitutional laws is what is commonly called a legal constitution. Sometimes, therefore (as is typical for Austria), the constitution is called federal constitutional law. In other cases, laws that radically change the basic law of the country are called constitutional, for example, the territorial structure of the state, the form of government, etc. The constitutional law in this case is recognized as an integral part of the constitution (for example, by the constitutional law of 1968, previously unitary Czechoslovakia was transformed into federal state. The corresponding constitutional law became an integral part of the Constitution of the Czechoslovak Socialist Republic). More often, in foreign constitutional practice, constitutional laws are usually understood as those laws that make changes and additions to the current constitution of the country, i.e. clarify its content. In the Russian Federation, constitutional laws are those whose adoption is directly provided for by the current Constitution of the Russian Federation.

Close (but not identical) to the concept of constitutional law is the concept of organic law used in foreign constitutional practice. Often those laws that “organically” follow from the constitution are considered organic, i.e. the adoption of such laws is either provided for by the constitution, or they specify the provisions of the constitution. It is quite common to understand organic law as an act that determines the legal status of state bodies or local government bodies.

In the Russian Federation, constitutional is a law that supplements and develops the current Constitution of the Russian Federation, adopted in a special manner, on issues specifically specified in the Constitution, and has the highest (after the Constitution) legal force. The Constitution of the Russian Federation refers to federal constitutional laws as laws whose adoption is provided for by the Constitution of the Russian Federation (Part 1 of Article 108) and in the manner prescribed by the Constitution. Federal constitutional laws are adopted by a qualified majority of votes, i.e. no less than three-quarters of the total number of deputies of the Federation Council and no less than two-thirds of the total number of deputies of the State Duma (Part 1 of Article 108). Due to the fact that federal constitutional laws were adopted by a qualified majority, they are not subject to the possibility of returning for a new consideration, i.e. The President does not have the right to apply the right of suspensive veto to them. The legal force of the federal constitutional law is provided for in Part 3 of Art. 76 of the Constitution, which states that federal laws cannot contradict federal constitutional laws. Federal constitutional laws are adopted on subjects within the jurisdiction of the Russian Federation (Part 1 of Article 76 of the Constitution of the Russian Federation). Currently, the federal constitutional laws “On the Constitutional Court” (1994), “On arbitration courts in the Russian Federation" (1995), "On the referendum" (1996), "On judicial system RF" (1997), "On the Commissioner for Human Rights" (1997), "On the Government of the Russian Federation" (1997); “On the State Emblem” (2000), “On the National Anthem” (2000), “On State flag"(2000), "On the procedure for admission to the Russian Federation and the formation within it of a new subject of the Russian Federation" (2001); “On the State of Emergency” (2001); “On martial law” (2002).

The Constitution of Russia provides for the adoption of the following federal constitutional laws: on issues of federal structure (Part 2 of Article 65, Part 5 of Article 66); on the powers, order of formation and activities Supreme Court RF (Part 3 of Article 128); on the revision of the Constitution and the Constitutional Assembly (Part 2 of Article 135).

The fundamental law of the state, defining its social and government structure, electoral system, principles of organization and activities of public authorities and management, basic rights and responsibilities of citizens.

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Constitution

from lat. constitutio device)

the fundamental law of the state, a legal act that proclaims and guarantees the rights and freedoms of man and citizen, defines the foundations social order, the form of government and territorial structure, the basis of the organization of central and local authorities, their competence and relationships, state symbols and the capital. The Constitution is the basis of all current legislation. In a formal sense, a constitution is a law or a group of laws that have the highest legal force. The Constitution is the highest legal form in which the values, institutions and norms of the constitutional system, the foundations of state legal regulation of government bodies are officially established. Legal scholars distinguish between the concepts of legal and actual constitution. The legal constitution is a system legal norms regulating a certain range of social relations, the actual constitution consists of actually existing relations. According to the form, constitutions are divided into codified, uncodified and mixed types. The codified constitution is a single legal act that regulates all major issues of a constitutional nature. If these issues are regulated by several acts, then the constitution is uncodified. Mixed constitutions include parliamentary laws, judicial precedents, customs and doctrinal interpretations. According to the method of amendment, constitutions are divided into flexible and rigid. Flexible constitutions can be amended by ordinary law. Rigid constitutions are changed only through a special complicated procedure, requiring a qualified majority vote of members of parliament (sometimes a referendum), ratification of amendments by a certain number of federal subjects. Based on their duration, constitutions are divided into permanent and temporary.

The first Constitution of the RSFSR was adopted on Russian territory in 1918. Nowadays in Russia there is a Constitution of the Russian Federation, which is the basic law of the Russian state; has the highest legal force, direct effect and is applied throughout the Russian Federation. It was adopted by popular vote on December 12, 1993; consists of a preamble, two sections, nine chapters, 137 articles and nine paragraphs of transitional and final provisions. The Constitution establishes the foundations of the constitutional system of the Russian Federation, the rights and freedoms of man and citizen, the federal structure, and the organization of the highest bodies of state power. Of particular importance in the life of the state and society are constitutional principles - requirements enshrined in the constitution, in accordance with which a system of legal regulation should be formed. Constitutional principles determine the foundations of the constitutional system of the state as a whole, its individual institutions, political system, legal status person and citizen, territorial organization of the state, economic system. Constitutional principles legally structure the content of the constitution and the laws issued in its development. In accordance with the Constitution of the Russian Federation, the foundations of the constitutional system of Russia are the republican form of government (republicanism), popular sovereignty, the priority of human and civil rights and freedoms, separation of powers, and federalism. The principle of compliance with the constitution and constitutional legal acts by all government bodies, courts and citizens is called constitutionality (constitutional legality).

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