What is not a constitutional principle. Constitutional ambush of Russia. Constitutional amendments and revision of the Constitution

The Constitution of the Russian Federation is the main normative act of Russia, which has the highest legal force throughout the territory of the Russian Federation and direct action.

The appointment of the Constitution of the Russian Federation includes 2 basic principles: 1) the supremacy of the Basic Law;

2) direct dії constitutional norms.

1. The supremacy of constitutional norms means that the Constitution of the Russian Federation of 1993 is valid on the entire territory of the Russian Federation. This principle is supported by the federal structure of the Russian Federation. Regardless of those that the subjects of the Russian Federation are given the right to adopt the power of constitutions (statutes), all the same, these normative acts are bounded by the territory of the subjects, so the Constitution of the Russian Federation is expanding its action on all subjects overnight.

The supremacy of the Constitution of the Russian Federation means the existence of legal force, so that all normative acts that are adopted on the territory of the Russian Federation (regardless of whether they are federal or adopted only in other regions of the Russian Federation) are due to conform to constitutional norms. Therefore, the Constitution of the Russian Federation can be called the fundamental basis of the entire legal system of Russia.

2. The principle of direct action means that the constitutional and legal norms of the Republic of Belarus are not mediated, but without mediation, without mediation, i.e., until the end of constitutional norms can be put in the fall for any reason.

The Constitution of the Russian Federation enshrines one of the main principles of a democratic state in its legislature - the principle of subordination of power, which is the same as in Russia, three heads of power are born at once: 1) a legislator; 2) vikonavcha; 3) ship.

Based on this principle, the system of "streaming and opposition" is being established in the structure of power, which ensures the normal functioning and interaction of various organs of power. This principle is also ensured for the balance between the norm-setting activities of the President of the Russian Federation, the Federal Elections and the Order of the Russian Federation, the spheres of joint and separate competences of the Russian Federation, and the sub-'єktiv and bodies of the mystic self-regulation.

An important principle of the Constitution is the provision about Russia as a social power. “Russian Federation, - go near the station. 7 of the Basic Law, - a social power, the policy of which is directed at the creation of minds, which will ensure the day-to-day life of that free development of a person.

The essence of this principle lies in the fact that the state takes on a part of the functions and services for the social sphere of support, goitre is to direct resources for the protection of the health of people, establish guarantees for the minimum amount of payment for work, mothers, care for fathers and children, disabled people of a frail age, developing a system of social services, establishing sovereign pensions, and helping and other guarantees of social protection.

The social orientation of the activity of the Russian state is clearly expressed in its constitutional obligation to ensure the realization of the fundamental rights of the people:

· The right to free labor;

· The right to social security for a lifetime, in times of ailment, disability, in other cases established by law;

· The right to live;

· The right to the protection of health;

· The right to friendly dovkіllya;

the right to illumination.

By means of ensuring the general rights of the organs of the state, they are expanding and developing federal and regional programs for the protection of health, protection and support of the family, childishness, and protection of the natural environment.

The principle of the Constitution of Russia is economic freedom, different forms of power for the preservation of a single economic space. In the wake of the constitution of the Ryansk period, which ensured the focus on the development of sovereign power and expanded the sphere of sovereign regulation, the Basic Law of Russia 1993 p. vyznaє that protects so very private, sovereign, municipal and other forms of authority (for example, the authority of the hromadas). Also, skin can develop freely, competing with each other and zapovnyuyuchi different spheres of the economy of Russia.

Economic freedom is manifested in the ability of a person to win his own zdіbnosti and mine for business and other not fenced by the law of economic activity, they have the right to sell their labor force on the market. With this, however, economic activities are not allowed, directed towards monopolization and unfair competition.

The diversity of forms of power and economic freedom can reveal their strengths more than for the minds of saving a single economic space, which means the free movement of goods, services and financial assets. On the territory of the Russian Federation, it is not allowed to establish militia cordons, meetings, collections and other transfers for the free movement of goods, services and financial benefits.

Guaranteeing that recognition of the miserable self-regulation is also one of the principles of the Constitution of the Russian Federation. Mіstseve samovryaduvannya є sukupnіst organіv prosecutor's office and іnstitutіvіv, yakі zabezpechayut samostіyne vіrіshennya prіshennya nіstsevoy znachennya.

Vidpovidno to the Constitution of Russia, self-regulation acts as an independent channel (form) of ruling over the people. Organs of local self-regulation are not included in the system of organs of state power.

Mіstseve samovryaduvannya priyaє decentralіzatsії administering the sovereign and hromada rights, "rozvantazhuє" sovereign power, spryyaє development of social activity of the people for the living.

Listed above are the principles of the Constitution and the foundations of the constitutional mode of the Russian Federation. Tse means that they signify zmіst, the main sense is not less than the Constitution itself, as the Basic Law of the state, but th (for the mind of their real inspiration) the means of the suspіlstva of that power.

The activity of all present-day lands is under the same order as the international one, and on the local level. Ale is far from having established such an order. The history of the moment, if the life of a person was not regulated by anything, and it was more than a will to fall. Obviously, such a camp is not right for a moment to say anything good. With the development of social formations, a change was made to the mechanism of social regulation. In fact, people created new ways of managing themselves. The appearance of the powers was mindful of the need for such regulatory mechanisms. One of them was law.

Tsya sukupnіst sanctioned norms of morality proved to be the best. Andje is the most important regulator of the middle of the suspense, as well as its interaction with the organs of power in the country. At that time, the basis of legal vouchers for this and other powers was broken up. Ney, fallow in the form of a specific legal system, є constitution. The Russian Federation has the same basic law. This normative act can gain legal force and other characteristics. Without the middle regulation of our suspіlstva that scho at least the constitution implements in viglyadі principles, the characteristics of which will be presented further in the article.

Deep understanding of the constitution

The fundamental Russian Federation and other lands have a rich legal order, which is divided into parts of the basic law - the Constitution. As a matter of fact, this document is a normative-legal act of the highest legal force. The main feature of the constitution is the fact that it closes or establishes the main goals of activity and that state-creation as a subject of law. Historically, the basic law was introduced to ancient Rome. One of the first constitutions was created by such a fiend as Servius Tulius. The main norms were fixed in the new one, with which they regulated the deyakі suspіlnі problems. In the period of the New Hour, many powers adopt constitutions for the normalization of the political situation and the consolidation of human rights. The butt of this and the main legislative acts of the Commonwealth, the Succession of the States of America, France, too.

See the basic law

The constitutional principles of the great world lie in the form of the norms of the greatest sovereign act. On this day, two main forms are seen, and itself:

• written;
• unwritten.

The first type of constitutions is characterized by the fact that the fundamental law is enshrined in a single normative document or a few laws. In the Russian Federation, the main regulatory act is the same for such a form. The unwritten constitutions are the continuum of norms, like rozkidani behind different Galuze laws. For whom normative acts can be like a general directive, and special. Many powers understand the "constitutional law". This NPA is seen as the most important food and to take revenge on its own basic principles and norms.

Constitution of the Russian Federation

If you talk about those won, we write an act of the highest legal force. Її accepted 1993 year. The law enshrined the foundations of the political and legal order of the Russian Federation, as well as the procedure for vindication of the main organs of state power. The structure of the Constitution includes the following structural elements, itself: the preamble, the first section (9 chapters), the other section. I expand my own basic law to the territory of all powers. Of great importance in times play the constitutional principles, yak, vlasne, the basis of the entire legal system of the state.

What is the ambush of the basic law?

In legal science, the principles are the main ideas, in which there will be a specific legal entity. The Constitution at times is the "foundation" of the legal system of the state, which was already stated earlier. To that її foundations, vlasne, stosuyutsya also other legal galleys. Also, the constitutional principles are the keys to the basic law, which characterize yoga. Zdebіlshoy konstitutsіynі ideї vіdbivayut fact vzaєmodії people and powers.

Groups of principles

The Constitution of 1993 is made up of a great number of different ideas. All the stench of the other world is fixing the singing spectrum of rights and freedom of people in other spheres of activity. Prote to establish constitutional principles that regulate the activity, for example, of specific authorities. Vrakhovuchi given particularities, you can see the following groups of vihdnih provisions of the basic law, for example:

• principles of the legal status of an individual;
• constitutional powers;
• principles of justice.

All groups are systematized. The stench of your own soul is the main essence and forms of lawfulness of your own character. With this, absolutely all groups are important for the supremacy and power, and even on their basis, current political trends will develop.

The legal status of a person and a hulk

Bezperechno, the basis of whether the country is the people. Without this element, the state essentially does not exist. Therefore, the legal status of a person and a hulker is secured by the key act of the Russian Federation. Significantly, the skin of an individual may have a spectrum of invisible freedoms, as they are given to you as a people. In addition, the deyakі rights enter to the "package" of the civilized connection of the people of that country, the bulk of the people like wine without any middle ground. The Russian Federation has the legal status of a person and a hulk - a system that consists of advancing principles:

• Usі іnstituti system eligibility of the individual є statutory. Tse means that the stench is seen in the main legal cases. Prote, as you know, be a fool, with your blackness, may support the Constitution of Russia. For whom the whole principle of installation is manifested. Tobto economic rights, public, social, environmental and other, as a basis for the status of specialty, to resemble the basic law.
• The rights and freedoms of the people, the people are indescribable and indistinguishable. This principle has been developed by stretching bagatioh stolіt. Yoga is based on a philosophy about those who, when people know the skin of a person, have a singing spectrum of freedoms, like nothing can be chosen by her. That is why natural rights often characterize the subject as one of the sides of the supremacy of law. The skin of a person can act for freedom. For example, in rich constitutions, the main ones are economic rights, and navit political, hromadyanskie too.

• The universal principle, insanely, is the equality of all people. It should be noted that the basis is presented in the laws of other countries, de-prosveta democratic developments. In the Russian Federation, the principle of equality is also included in the basic law. Given the meaning of the impersonal scientific interpretations of the legal entity. Vidpovidno to the most "classic", equal rights - the same form of expression of the legal character, as it manifests itself in new harmony and mutual interests and the rights of specific people, communities, social groups. In addition, the concept of the term characterizes the same camp of the parties in quiet chi and other supple waters. Having shown the principle of equality of rights, you can indulge in the jealousy of people and women, races, nationalities too.
• Equality is closely intertwined with the principle of humanism. The essence of the matter lies in the fact that the people, and also the rights and freedoms, are the greatest values ​​in the state. That is why, vihodyachi z tsієї norms, you can have a pleasant experience with the fact that the government of the country guarantees the implementation and support of human powers.
• Dosit tsikavim - the principle of global accessibility of rights and freedoms. Vіn is most clearly manifested in the ability of the hulk of the skin to rob and rob from the power of the state.

In this manner, the rights and freedoms of the citizens are no less protected in the fundamental law, and are still guaranteed. According to the constitutional principles of this directness, people in the Russian Federation can join the legal system and create new ones.

Organization of the sovereign order

Great is the importance of the last state organization of the country. The main principles of the constitution at times secure that internal system of the Russian Federation, as we called bachiti. With this foundation, the powers will not only huddle around the masses of the social groups, but without the middle edge. In this case, the remaining element of representations is in the view of the mechanism that functions with a rich variety of mutual factors. In this order, based on the principles of the organization of the state:

• Democracy is the main principle of modern power. Wine is manifested in freedom of will, access to state service, freedom of speech is limited. This principle is manifested in Article 1 of the Constitution of Russia. In addition, they are transferring the republican form of government, while the power is not held in the hands of a single top.
• The Constitution of 1993 is fateful to take revenge on its own principle of sub-rule. Vіdpovіdno to the yogo position, the management of the kraїnoy razdіlene mіzh trіoma hіlkami: the legislator, the vicar, and the ship's. The principle was created during the Great French Revolution. On this day, wine is the basis of a democratic regime in any country, zocrema, Russian Federation. Wine is manifested at first glance at the basis of parliament, along with that system of courts. Tsya the structure of the state organs shows the principle of sub-rule to the diї.

• One of the constitutional principles is the rule of the people. It is necessary to take revenge on oneself for the peculiarities of the sovereign structure of Russia. In the first place, the main dzherel of power, zgіdno z tsim principle, є the people of the Russian Federation. In another way, the management of the power by the people is realized through the elected organizations of their representatives. From the look of a democratic way, the rule of the people is a classic sign of freedom and equanimity.
• Depending on the Constitution, Russia is a sovereign power. Tobto її territoriya є nepodіlnoy, scho including whether it's encroachment from the side of other subjects of international vidnosin. In addition, the sovereignty of the Russian Federation shall ensure the duty of federal laws throughout the territory.
• Territorial rozpodіl at the Russian Federation є federative. In case of any subject, the power is equal in its rights and may have private autonomy.
• The Constitution of Russia may take into account the secular nature of the state. Tse means that the country has no obov'yazkovo's religion. With this, Article 14 enshrined freedom of religious associations, as equals before the law.

Presented are the principles to establish the 14th chapter of the dignified Constitution of the Russian Federation. They play one of the key roles in the process of awakening the state, even on the basis of these fundamental norms, there are a lot of constitutional institutions, but for itself: presidency, parliamentarism, legality, too.

Understand justice

Be-yakіy power іsnuє judiciary thаt organs, like yоgo vykonuyut. Tsya galuz of the life of a person is creating one of the key powers of power. It is clear that the judiciary can decide on the basis of a clear legislative regulation. To that tsya dіyalnіst bezposerednіst stosuєtsya rights that share of wealthy people. The fact that the judiciary is the head of the government, zoumovlyuє її konstitutsіyno-legal regulation. Tobto filed a phenomenon is regulated by the norms of the basic law.

Principles for the establishment of justice in the Russian Federation

Justice in Russia is realized through the framework of principles, enshrined above all laws.

• Including the bodies of the ship's gate of power, as they function in accordance with the order established by the law, are allowed to exercise justice. The basis of the normative regulation of the sphere is also NLA, like the Federal Law “On the Judicial System of the Russian Federation” and, most importantly, the Constitution of Russia.
• At their duty, judges are subject to the provisions of the Constitution and federal legislation. In time, the principle of legality is directly manifested. Keep in mind that justice is rooted in civil, administrative, criminal and constitutional legislation. In case of this, annual reparations are not allowed during the procedures established by the official regulatory acts.
• Judges exercise their activity on the basis of full independence and independence. Tse means that no one can spit on the representative of the law, or be some kind of rank to coordinate yoga action with a method of taking away the necessary decision.
• Justice in Russia is based on the principle of equal rights of the parties in the process of magnificence. Tse means that the skin participant has the right to choose and submit evidence, to be legally defended and mutually dependent on the competent authorities for the removal of the necessary data from the process. With whom, the parties of justice cannot be respected whether it be a rank for a racial, national, state or century sign.
• One of the main judicial principles is that it means that no one can be acquitted of guilt by a chomus, as if his guilt has not been brought to the order established by law.

Obviously, the list of submissions does not reflect absolutely all the principles of the establishment of justice in Russia. However, the statutes are designated as the most classic, stinks of stench inspire justice, as they may exist in a modern democratic state.

Visnovok

Later, we tried to look at the statistics of the main constitutional ambush of the Russian Federation, as they stand in different spheres of sovereign activity. At the end, it should be noted that the main turns of the functioning of our country as the most clearly characterize the exercise of equality and the emergence of democracy. Prote over the mechanisms of implementation of these principles for today is still necessary to practice.

In philosophical literature principle(from Lat. principum - cob) is shown, in a first way, as a result of which the main idea, an idea that serves to inspire a theory, and, in a different way, as a law of science, shards in a new way and necessary steps of action.

Formulated by science in this world of human activity, the main ideas appear as the result of an active, creative setting of a person to a real activity. However, the principles of science are not all sorts of fundamental ideas, even if they were recognized by people in a given capacity, but only those, which adequately reflect the ob'ektivnі regularities, tendencies of historical development.

The principle is like a fundamental idea, which reflects the day-to-day power of phenomena, and at the same time acts as a powerful force, which signifies the activity of people, their behavior.

legal ambush(Principles of law) act as the main ideological principles, core normative regulations, vimog. Legal principles know as their own expression, and th, sound, fixed in the constitution and current legislation. The stench actually and legally takes on a normative character and influences the regulatory influx on the suppleness of the blue, on the behavior of people.

The Constitutional Court of the Russian Federation issued a decision dated 27 September 1993. No. 1-P designating that the fundamental legal principles may be the most important level of normative regulation, signifying the constitutional rights of the people, the rights of the people, to be of a universal nature and have a regulatory impact on all spheres of suspіlnyh vіdnosin. The general obov'yazkov_st such principle pogaє as in priority over other legal institutions, and in extended їх on all subjects of law.

The fundamental legal principles appear at the constitutional ambushes, and, in their own way, they break at the Galuzian principles.

constitutional principles

Pid constitutional principles rozumіyutsya zagalnі, kerіvnі ambush of constitutional and legal regulation, yakі may be a greater step of normative zagalnennostі, scho signify the development of the system of legal regulation.

Constitutional principles emerge from the essence of the very constitutional and legal matter, may have an objective character. In this sense, the stench is reflected in the concentrated vision of light, the development of constitutional law, constitutional and legal regulation. Spirit (sense) of the constitution, її philosophic aspect of usutvoryuyut constitutional ambush in front of us. Stink to establish theoretical and methodological and legal shearing of the constitution and other vestiges of constitutional law. Constitutional principles creak, cement the system of cores of constitutional law in one and the same way, give it a philosophical and ideological grounding. Constitutional principles strizhnevu directivity of the entire constitutional and legal regulation in the supremacy of that state.

The constitutional principles are poured into the suspіlnі vіdnosiny as without middle ground, and indirectly, in mutual agreement with other constitutional regulations. Constitutional principles to form the basis of the constitutional establishment. The stench may be especially significant in the roman, cloudy and implementation of other constitutional provisions.

Constitutional principles, in their individuality, may be less powerful for them, recognition, the same sphere of action, and specifically for subjects, as well as for addressing, specific forms of implementation.

System of constitutional principles

Constitutional principles know without a doubt the fundamentals that slander the people among the people, the huge supremacy of that power.

Until the constitutional principles of the next:

• priority;
• sovereignty of the people (), podіl vlady and іnshі principles;
• fealty before the law and the court;
• freedom of economic activity;
• unity of economic space;
• lack of private authority and freedom of contract;
• ideological and political differences;
• secular character of the state;
• equality of subjects of the Russian Federation.

Instructed by constitutional principles, at the same time as a role, to separate the constitutional principles of education and institutions of constitutional law (for example, the principles of the constitutional status of specialty, the constitutional principles of community, the principles of constitutional federation, the principles of judicial power).

The implementation of constitutional principles, both primal and special, in the real behavior of the subjects of the suspіlnyh vіdnosin, before the establishment of constitutionality and the constitutional order.

Constitutional principles perebuvayut have vyazku each with one, vzaєmodіyut among themselves. Such an interdependence is the beginning of a parity. For the sake of specific life, understand that situation, the struggle of super-interests dictates the highest nutritional priority in the implementation of that other constitutional principle.

When looking at the “Chechen right” at the Constitutional Court of the Russian Federation, it became natural to recognize the priority of the constitutional principle of the territorial integrity of the Russian Federation, which meant in its ignorance of the other constitutional principle, the very recognition of life, its right and freedom as a virtue.

Constitutional principle of legal power means the organization and functioning of public (political) power, in addition to the fact that they are mutually compatible with individuals, on the basis of the constitution and laws, it is possible to the extent of rights, for such reasons, recognition of the guarantee of the rights of non-communal people.

Minds molding that functioning of the legal power is socially oriented market economy and its adequate political form - democracy, the right of the people.

The panuvannya of law is only possible for the proper organization of the self-public power, which includes monopolization and security of the entire system (structures, renewal of other types of organs, methods of molding, forms of activity, etc.) to the law. As having shown dosvіd, in the best way such an organization, he divided the sovereign power over the legislator, vikonavchu that court. Otzhe, the constitutional principle of the legal power vtіlyuєtsya at the bottom of private principle, such as follows: under the structure of sovereign power; panuvannya rights, constitutions and laws, mutually viable power and special features; respect for the rights and freedom of the people and the bulk; the judge's defense of osіb and other subjects of suspіlny vіdnosin vіd svіllya be-whom; vіdpovіdnіst vnutrishny legislаvаnіm zagaloviznіm principles і norms оf international law.

Considering the constitutional principle of social power (Article 7 of the Constitution of the Russian Federation), it is necessary to protect such principles as the fealty of all before the law and the court, the rights and freedoms of people and citizens, freedom of economic activity, lack of private power. For the sake of constitutional change, it is important to establish that the achievement of the goals of the social power is impossible without the support of effective economic activity from the volatility of material and spiritual benefits.

The constitutional principle of social power it means that the state can usuvat untrue social authority. Prota Urahuvannyam principles of legal authorities, freedom of the Ekononoye Dielosti, unnecessary Posavaty Vosvosti Schodo Miri Tu by the overlap of the sovereign of the non -vocal -true vіdmіniki, it is invisible to the Social Service of the Service of the Service of Extra. In this manner, the powers, with the development of economic and social policies, need to look for a balance between various constitutional principles, which they can change among themselves.

Great significance is assigned to the principles of the law-making process and the victorious activity of the bodies of the public authorities.

Constitutional principles are uninterruptedly developed in situations of conflict, as well as in cases of clearings in constitutional and legal regulation. They help legislators, judges, and other law enforcers turn to that option of a legal solution, which, in the world, respects the constitutional principle. Most of the constitutional principles are supplemented by a legal argument for the adoption of decisions by judicial and other law enforcement bodies in specific rights.

In its argumentation, the Constitutional Court of the Russian Federation often resorts to such constitutional principles as justice, equality of all before the law and the court, the defense of the judicial defense of the rights and freedom of the people and the bulk of the people, and the protection of the mutually exclusive one.

As an example of the appearance of the Court of vzaimodії constitutional principіv may be the decision of the Constitutional Court of the Russian Federation dated 22 April 2002. No. 14-P, on the right, the revision of constitutionality is low in the provisions of the Federal Law of April 8, 1999. No. 144-FZ "On the restructuring of credit organizations".

How to certify the practice of stosuvannya to the Law, having appointed the Constitutional Court of the Russian Federation, it is a shameful priority that the legislator considers the interests of the hromadyan-depositors (which, due to the manifestation of the nature of the Russian Federation, as a social power, removed the Constitution until part 1, article 7 of the Russian Federation), world favors in the process of restructuring of credit institutions, moreover, the interests of the impossible and other socially unprotected categories of the population were insured.

Announced, uninvited for clearly vihi-legislation by the federal legivator namiri, the Pilgovy right of the right-wing regime, the Basic Laws of the Rinkovoi Ekononiki Tales of the Foreign Affairs of the Constitutions of the Constitutions of the Russian Federation. for the sake of thinking for a short time in payment to other creditors, the huge depositors took away their deposits in full debt. Otherwise, it would supersede the enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation to the principle, apparently, to the extent that the rights and freedoms of people and the bulk of the population are not violated by the rights and freedoms of others.

Ekonomichni vіdnosiny vіdnosinі vіdnosіnіy vіdnosіnіy vіdnosіnіy vіdnosіnіy vіdnosіnіy vіdnіy vіdnіy vіdno zvіdnouvay, lichshcho їkh regulivannya є є prudі juridical, tіvіlyuyuchi іdeї fairness, freedom, zagalnym іvіvny іvіh sіhіkіv prіvіv law scale. Laws of the market economy should ensure that the peace in the process of restructuring was a reasonable compromise between the interests of depositors and other groups of creditors, banks and their co-founders (participants), as well as the powers.

The constitutional mode is a chain form, a singing way of organizing a state, fixing a constitution.

The state is a special organization of power and administration, which can have a special apparatus of primus and building to give its orders binding force for the population of the entire country. The form of the state is called the succession of the main methods of organization, I will arrange that state of sovereign power, which reflects its day. It includes three elements: the form of government, the form of the state structure and the political and legal regime. Under the form of government, it is necessary to understand the organization of the higher organs of power in your own and other powers, that order of their establishment. There are two different forms of government - the monarchy and the republic. A form of government is called a republic, if the supreme power is established by elected bodies, robbing the population of the terms. The form of the sovereign structure is the method of the national and administrative-territorial division of the state, which reflects the nature of the mutual relations between warehouse parts, as well as between the central and municipal authorities. For the form of the sovereign structure, the powers are subdivided into unitary and federal. The federation is a collaborative allied power, which results in the unification of the low powers of the sovereign powers of the subjects of the federation, yakі may have an outstanding political independence. The political and legal regime is the succession of political and legal benefits and methods for the development of sovereign power, which reflects the nature of the state. Politico-legal regimes are divided into democratic and anti-democratic regimes for equal political freedom, specialty and dominion by the power of її rights and freedoms. The democratic regime is the whole political and legal regime, the foundations on the knowledge of the people, the dzherel and the subject of power. The main risks of a democratic regime are: the formation of organs in the power of choice, the freedom of activity of various subjects of political life, the recognition that the power guarantees political rights and freedoms of specialty. All this sukupnіst and become the Constitutional order of the Russian Federation.

Constitutional way - this is the organization of sovereign and supremacy life, with such a power є political organization of the hromada society, may be democratic, legal character and in nіy people, її rights and freedoms are recognized as the highest value for the foundations The foundations of Russian statehood are described in Chapter 1 of the Constitution of the Russian Federation “Fundamentals of the Constitutional Harmony”, sections 3 - 8 of the Constitution of the Russian Federation, conferring new institutions of power on the federal structure of Russia.

For the development of the Russian state, the provisions of the Preamble of the Constitution of the Russian Federation for the preservation of the historically formed sovereign unity, the establishment of the hromada world of that time, are of key importance. Tse is the strizhneva idea of ​​the Russian Constitution. As a true sovereign power, Russia independently adopted its Constitution at a global Russian referendum on December 12, 1993 Adoption of the Constitution by a referendum, an absolute guarantee of the stability of our fundamental Law.

Глава 1 Конституції РФ закріплює вихідні принципи конституційного регулювання основних сфер життя та діяльності сучасної Росії: визначає сутність Російської держави, правове становище особистості, принципи економічних відносин, користування землею та іншими народними ресурсами, основи політичної системи суспільства, взаємовідносин держави та релігійних об'єднань.

It is characteristic of rice of the foundations of the constitutional mode in order to establish the primary normative basis of the other provisions of the Constitution, all the system of civil legislation and other normative legal acts of the Russian Federation. Tse means that the other chapters of the Constitution are to set standards, aimed at developing, concretizing the foundations of the constitutional way. Stench, Zokrem, get up of the competence of the structures of the sovereign of Vladimir Rosiysko, the order of the departure of the Own of the slaughtering normatively - right -iz іndivіdalnium ryshen, the right is the right to overthrow, the submarines, the leadership The foundations of the constitutional order of Russia are formed from three groups of norms: what regulates the activities of the state and її bodies; the initial legal establishment of the specialty of the Russian Federation; scho fix the legal force of the Constitution and the order of її change.

It is necessary to give a head of respect to the principles of organization and activity of the state, which is explained by its significance in the society, as well as the necessary defense of specialness, community society, their private interests in the case of unprimed participation of the state authorities. The foundations of the constitutional mode consolidate the form of the Russian Federation as a power (Article 1), establish the core of sovereign power and the means of building the people's rule (Article 3), designate the expanses between the sovereignty of the Russian Federation (Article 4). The principles of the federal structure of Russia are also formulated (Article 5), the principle of subordination of power to the legislator, viconate and court (Article 10) is established, and a number of organs are established, as if sovereign power is established in the Russian Federation (Article 11). Especially vyrіznyaetsya Art. 7, it is good for such a social policy of the state to be brought to the rank of a constitutional basis, which guarantees a safe life and a good development of a skin Russian citizen independently of any kind to take that duty.

The foundations of the constitutional harmony are fixed in Russia by ideological and political diversity, rich party spirit. The skin party hopes to be able to work uninterruptedly, to spread its own ideology, to win sympathy and support from the population. The Constitution consolidates the economic arrangements of the Russian economy, the methods of production, exchange and distribution of material goods. The Constitution consolidates the economic arrangements of the Russian economy, the methods of production, exchange and distribution of material goods. Constitutional provisions about freedom of economic activity, about the equality of private and sovereign forms of power, about the right to take care of the skin of the reception of work - all of these are external stones of economic power, founded on freedom of private power.

The Constitution establishes the supremacy of the Constitution in the system of normative legal acts and a special procedure for introducing changes and additions to the provisions of the chapter "Fundamentals of the Constitutional Harmony". Zhodna chinna the rule of law, independent of the law, deva entrenched - in the Constitution, the laws of the Russian Federation, the decrees of the President of the Russian Federation and the decrees of the Order, are impassible to the superstability of the foundations of the constitutional harmony. In times of inconsistency, whether there are any norms, the foundations of such norms are recognized as non-constitutional and they indulge in chivalry. So the very foundations of the constitutional order cannot be super-ready, and the decision of the townships, the sovereign bodies, the hromadyan and their association. At the quiet vipads, if in the Chinnary laws of the same normative acts of the acts of the vidsutni, the norms of the subscription of the constitutes, the huge real realization of the constitutes, and the arose of the constituent, the principle of the constitutes, the principle of direct. Art. fifteen.

Russia - Russia is a democratic federal legal power with a republican form of government (Article 1).

Qia article may have the main meaning. The new form of the structure of the sovereign power of the Russian Federation is being established, the regime of political, economic and other freedoms of specialty and support. Sovereign bodies know each other in that they are mutually connected, the singing rank of organization in a single whole. Tsі zasobi organіzаtsії powers і rozumіyutsya like yoga form. In this case, the form of the state sees three main sides: the form of government, the form of the sovereign structure and the political regime.

The constitutionally fixed Russian Federation as federal means that Russia is a federation uniting 83 subjects: 21 republics, 9 territories, 46 regions, 2 federal districts, 1 autonomous region, 4. The principles of the federal structure of the Russian Federation є:

Sovereign integrity;

Unity of the system of state power;

Separation of subjects of jurisdiction and renewal between the bodies of the sovereign power of the Russian Federation and the bodies of the sovereign power of the subjects of the Russian Federation;

Equality and self-determination of peoples in the Russian Federation;

The subjects of the Russian Federation are equal in rights between themselves and in mutual relations with the federal bodies of state power.

The democracy of the Russian state is manifested in:

People's Ownership;

He gave power to the legislator, vikonavcha that court;

Political Raznomanittі;

Mistseve self-rowing.

The republican form of government allows the hulks to take part in the right-wing powers and in the formation of state authorities in the Russian Federation.

Fundamentally important is the vote of the power of the Russian Federation as a legal one. A democratic power is recognized as a legal power, in which the rule of law is ensured, the principle of subordination of power is consistently carried out, and the rights and freedom of the skin people are also recognized. Sworing to the Law of the Yak Neckhany principle of legal holding does not mean that there is a vast for the constitutes of the same legislative acts of the Vishchiye Striors, the buildings of the Vikhіdni, perpetual norms of legal regulatory, and the ugly member of the member of the member of the sagging of the sagging of the sagging was shed in the sake of sophistication. As the last indispensable sign of a legal power, he later gave power to a legislator, who was a court judge. The mustache of three lords is independent and independent, one in the same way. Right-wingers and freedoms of people are recognized and guaranteed by the legal powers, secured by the fundamental norms of international law, and navit by laws and other normative legal acts. Tse freedom in the sphere of economy, politics, culture, science, science, declaration about life, specialty, special nedorcannist and others. An invisible attribute of a legal power is the encouragement of the hromada suspіlstva. Gromadyanskoe sspіlstvo є system of independent and independent powers of the hromada іnstitutіvіv і vіdnosin, yakі zabepechyuyut mind for the realization of private interests and needs of individuals and collectives, for the life of social, cultural and spiritual spheres. Gromadyanskoe suspіlstvo ottozhnyuєєtsya zagalі from the sphere of private interests and needs and within the framework of the realization of greater rights and freedom of the people.

Lyudina, її right-hand man and freedom and the greatest value. Vyznannya, dotrimannya that defender of the right and freedom of the people and the bulk - the binding of the state (Article 2). This article formulates one of the fundamental foundations of the constitutional structure of the Russian Federation. In the Constitution, the concept of “great value” is taken to the people, they are rights and freedoms. Characteristically, such terms do not signify any other legal institution, which should be included in the understanding of the foundations of the constitutional order. In case of specialness, we take away the superficial constitutional defense against any encroachment on the rights of a person and a hulk, as they are recognized as international. As for the minds of the radyansky suspіlstva, the specialty of the goiter was to take advantage of its interests in front of us from the interests of the state, then another principle is established in the decency of the Constitution. Viznannya, dotrimannya, and also the defender of the rights and freedoms of people become the constitutional obligatory power. Otzhe, in any situation, the power cannot zazіhati on the rights of that freedom of specialty. The rights and freedoms can be subjugated by the parties, transferred by law (Articles 23, 55, 56 of the Constitution).

The constitutesianities of the voted of the right of the law of the people of the people yak nashchoi tsіnovosti Rosiyska have wolled the whims of such monastery of the acts of the people's law, the yak is the declarary of the rights of the people 1948 r., The Ministry of Economic Pact about the Ekononiy Rights, and the MIZHETICIAL PACTICIAL PACTICIAL PACKS and the European Convention "On the defense of the rights of people and fundamental freedoms" on the 4th leaf fall, 1950. The basis of rights and freedoms is human capacity. A specific translation of the right and freedom is laid out in Art. Art. 6, 7, 13, 15 goals 1st part of the 2nd Constitution. The power at its own level is reduced to the sphere of law and freedom;

Carrying sovereignty and the only power in the Russian Federation is rich-national people (Article 3). Tse provisions є vihіdnim for the consolidation of the democratic nature of the Russian Federation. Recognition to the people as a single power and sovereignty bearing the characteristic power of democratic powers from a republican form of government. The Constitution establishes the principle of inconsistency with the sovereignty of the Russian Federation. Відповідно, будь-які дії окремих органів структурі державної влади Російської Федерації, волевиявлення населення, що становить лише частина багатонаціонального народу Російської Федерації, що неспроможні вважатися суверенними акціями, що здійснюються абсолютно самостійно і незалежно від конституційного ладу, встановленого Конституцією і федеральними законами.

In Part 2 of Article 3 of the Constitution of the Russian Federation, two main forms of people's sovereignty in the Russian Federation are indicated: without intermediary (directly) ruling over the people, and through the organs of state power and organs of self-regulation. Rule the people and the greatest expressions of the people's ruler without any intermediary. At that very hour, the establishment of state power on the federal level, the regions of the sub'єktiv of the Russian Federation, the accomplishment of mystical nutrition is due to the establishment of permanently active bodies of the state power of the bodies of self-regulation. Being molded by a democratic rank and under the control of the population, these are the most important channels for the formation of the people's rulers of the Russian Federation.

Y year. 3 art. 3 of the Constitution of the Russian Federation, a referendum and free elections are declared as the greatest uninterrupted power to rule the people. Tim himself restores the greatest authority of the decisions praised in the referendum, and the results of the free elections. At that very hour of the people's rule, the most efficient way is to achieve the optimal balance of different forms of the people's rule. The direct rule of the people by the way of conducting free elections is the ultimate principle of organizing the system of organs of state power and the mass self-regulation. The will of the people, expressed at the hour of elections, in the power, and allows the democratic organization of the government of the Russian Federation. The path of choice is formed by the representatives of the structures of the sovereign power of the Russian Federation, the subjects of the Federation, the representative bodies of the local self-regulation. The President of the Russian Federation is subject to federal law (Article 81 of the Constitution).

At st. 3 of the Constitution also establishes opposition to the rights that encroach on the people's ruler in Russia. Be-yakі individuals, like zdіysnyuyut dії, pov'yazanі іz zakhoplennymi vlady or appropriation of vladnyh ponovimazhen, bear legal vіdpovіdalnіst.

The Constitution of the Russian Federation and federal laws provide for supremacy throughout the entire territory of the Russian Federation (Article 4).

The Constitution of the Russian Federation and federal laws provide for supremacy throughout the entire territory of the Russian Federation (Article 4). The supremacy of the Constitution and federal laws throughout the territory of the Russian Federation ensures the security of unity, convenience and stability of the Russian legal system.

The supremacy of federal laws is conveyed, to be exact, that unsatisfactory dotrimannya, vikonannya that zastosuvannya. IZ Tsyogo Vydroyu’s accurately, of the federal laws of the regulatory laws of the Rosiysko Feditziy, the urgent of the federal authorities of Viconavchi, who have been subjected to the Federals of Rosieki, and the federal actual acts. Appointed acts of nothing to blame superechity of the Constitution and federal laws. If such a violation (inconsistency) is revealed, then the Constitution is established as a valid federal law. Acts, which are super-speech їm, are protested in the established order, protesting, slandering.

The Russian Federation is composed of republics, territories, regions, federal districts, autonomous regions, autonomous districts - equal subjects of the Russian Federation (Article 5).

The federal security of the Federal Federal Administrative Offenses is recalled at the sovereign Tsilisob, the ’system of systems of the senior Vladi, the Rozmezhuvannya Subtannye is the authority of the organs of the sovereign of the federal federal authorities, the federal federal federal feds.

Federative devices of the Russian Federation to withdraw from the right of peoples to self-determination. Given the right to one of the most important achievements of today's democracy and lie down to the absolute norms of international law. But, as if it were a legal norm, a declaration about self-determination could be realized only for the sake of understanding the singing minds, enshrined in the norms of international law. The federative structure of the Russian Federation is based on the unity of the system of state power and separation of subjects of law and order, which means that in the Russian Federation the subjects of the law may have the right to lie and behind them are closed the subject of law.

An important clerk, who gives a great infusion into the matters of control between the Federation and їє subjects, є the need for the appearance of the organs of state power and the management of the minds, in which the population of the subject of the Federation lives. Therefore, for example, the subjects of the Federation themselves should have the right to establish, moreover, independently, a system of organs in the structure of state power. These bodies are no longer consistent with the foundations of the constitutional way of the Russian Federation and the fundamental principles of organizing representative and victorious bodies in the structures of state power, established by federal law in the sphere of the entire rich-tonational Russian people.

The bulk of the Russian Federation is bought and adhered to in accordance with the federal law, and is uniform and equal independently of the provision of the pridbannya. Kozhen, a citizen of the Russian Federation, on the territory of the Russian Federation, has rights and freedoms and bears equal shoes, transfers to the Constitution of the Russian Federation. A citizen of the Russian Federation may be relieved of his enormity and have the right to change yoga (Article 6).

Gromadyanstvo is a strong legal link between a person and a state, which manifests itself in the totality of their mutual rights, obligatory and mutual validity, and is based on the recognition of that povazі hodnosti, basic rights and freedom of a person and a hromada. With enormity, the most important elements of the legal position of specialty are connected with the enormity of rights, freedoms, obov'yazkiv. The Russian community is united and equal independently in the light of the day. Tse means that the hulks are worthy of equal rights independently, since they can stink the hulks for the people, or they have added yogo from other substations, and that the hulks of the Russian Federation cannot be subdivided into groups, but they can give rise to such rights. At paragraph 2 of Art. 6 of the Constitution, it is said that a skin-gromad can have all the rights and freedoms on this territory and carry equal shoes. It should be noted that the citizens of the Russian Federation are against other persons, legally they were Russia, endowed with rights in the sphere of political power. For example, less people can rob and be taken to representative bodies of the Russian Federation and її subjects. A citizen of the Russian Federation can relieve his enormity and hanging between the Russian Federation. Vіn mozhe buti also visions іnshіy derzhavі іnakshe as vihodyachi z law chi international treaty of the Russian Federation. The Russian Federation guarantees its citizens protection and intercession beyond the borders.

The Russian Federation is a social power, the policy of which is directed at the creation of minds, which will ensure the daily life of that free development of the people (Article 7). The article will vote one of the fundamental principles of the activity of a modern democratic state, it is necessary for such a creation of minds, which will ensure the daily life of that free development of a person, not a special right-wing person, but to be elevated to the rank of a sovereign state policy. The very success of the social policy is an indicator of the rich and rich activity of the state. Behind them it is possible to buduvaty vysnovki, like a worldly power vikonu svіy konstitutsіyny ob'yazok dotremuvatisya and protect the rights and freedoms of the people and the bulk, create wealthy material, political, legal and other minds, the realization of these rights and freedom in real life. In a social power, a declaration about a day of life and a new development is guaranteed to a skin independent work, to take a part in a successful coryne practice.

Complying with the norms of international law, the Constitution establishes the obligatory language of the state to carry out a social policy that will ensure the daily life of the skin Russian. Остання розуміється, перш за все, як можливість володіти та користуватися благами сучасної цивілізації: мати належні житлові умови та медичне обслуговування, сучасну побутову техніку, засоби пересування, раціональне харчування, можливість користуватися послугами підприємств сфери обслуговування, користуватися культурними цінностями та ін. without the development of specialty, with the ability to acquire the achievements of science, culture, and attain enlightenment. Prote, the power of the building of vikonati tsі zavdannya is no longer relying on a laborious and stable economy, which will ensure the material well-being and prosperity of the economy.

The Russian Federation is guaranteed the unity of economic space, free movement of goods, services and financial benefits, promotion of competition, freedom of economic activity

Private, sovereign, municipal and other forms of authority are recognized and stolen from the Russian Federation (Article 8). Chinna the Constitution of the Zobov'yazuє power to secure freedom of economic activity and promote competition, hindering the monopolization of activity and unfair competition, that will vote the equality of all forms of power and rіvist. Guaranteed Art. 8 The Constitution is legally equal to the forms of power, equal to their recognition and zahist mean, however, the recognition and the same zahist by usima possible means and ways, whether it is not superimposed on the legislature of the forms of the state and the recognition of the law of the main rights, and also the inadmissibility of the establishment of legislation for the benefit of the poor chi other forms of chi subjects of government activity. The economic basis of the economy of the old market economy, for normal and efficient functioning, it is necessary to ensure:

a) freedom of economic activity;

b) free movement of goods, services, financial and other resources, etc. unity of economic space throughout the territory of the country.

The sovereign power of the Russian Federation lays the foundations for subdivision for a legislator, viconate and court. Bodies of legislators, vikonavchos and judicial authorities of independence (Article 10). The article closes the fundamental principle of organizing the power of the Russian Federation - the principle of subordination of power. This principle was virobable by the practice of light for the development of democratic powers. The essence of yoga is that a democratic political regime can be established by the state for the mind and split the functions of state power between independent state bodies. Shards are based on three main functions of sovereign power - the legislator, the court officer, the skin of these functions can be vikonuvatsya as an independent body of sovereign power.

A leather sovereign body, which exercises one of the three functions of sovereign power, interacting with other sovereign authorities. For each other, the stench is between one and the same. Such a scheme of mutuality is often called a system of streaming and antiaggression. Vaughn represents the only possible scheme for organizing sovereign power in a democratic state. On the federal level, the organization of the structure of the sovereign power of the Russian Federation, the system of streaming and opposition, apparently up to the Constitution, looks like this. Legislative body - the Federal Elections - adopts laws, appoints the normative base of the activity of all state authorities, invests in parliamentary methods on the activity of vikonavchoi power (the most important tool in the injection - the possibility of setting food for the approval of the order), at that order, the judicial form bodies of the Russian Federation. Order of the Russian Federation zdіysnyuє vykonavchu power: organize vykonannya zakonnіv, in a different way infusing the legislative process (the right of legislator's initiative, obov'yazkovіst stowage Order on bills, require the receipt of additional federal funds). Possibility of conferring distrust The order is balanced with the possibility of dismissal of the legislature by the head of state. The Constitutional, Supreme and Higher Arbitration Judges of the Russian Federation have the right to legislator's initiatives for their ruling. Judge the boundaries of their competences are examined specifically by the parties to any other federal bodies and structures of state power. The system has a special place to rule on the federal level to the Constitutional Court of the Russian Federation. It is manifested by such renewal, saved yogo constitutes: Virishnnya of the certificate of vidpov and constitutes of federal laws, normative acts of the president, the wards of federal zobrivs, the federals of competitors'

As the head of the state, the President of the Russian Federation will not last long for three years of power. In accordance with the task, laid down by her Constitution, the President of the Russian Federation ensures the necessary satisfaction of the activity of various authorities - the legislator, the officer and the ship, which allows the uninterrupted operation of the entire sovereign mechanism.

The Russian Federation recognizes that it guarantees the best self-regulation. Mіstseve samovryaduvannya at the borders of their own new importance independently. Organs of local self-regulation are not included in the system of organs of state power (Article 12).

The Russian Federation recognizes ideological differences. No ideology can be established as sovereign, but obov'yazkova. Russia recognizes political diversity, rich party membership (Article 13). The article establishes the principles of political and ideological freedom in the Russian Federation for the world. Tsej zahіd nadaє nadaє nadaє nadaє wide open space for the activity of special, parties and community associations.

Ideology is the whole system of political, legal, religious, philosophical views on social activity, the suspresity of people among themselves. Characteristic is the peculiarity of the ideology of the fact that it is without intermediary with the practical activity of the masses and directly hardened, changing the transformation like a suspіlstvo order and vіdnosin. Ideologically different is understood as the right of specialty, social groups, political parties and community associations:

1) uninterruptedly expand the theory, look, ideas about economic, political, legal and other arrangements of the Russian Federation, foreign powers and world civilization as a whole;

2) to propagate your own ideas for additional help of mass information: press, radio, TV broadcasting, as well as a way of seeing monographic and popular science works, work, articles, too;

3) to conduct active activities from the promotion of ideology in the practical sphere: to expand the program documents of the parties, to prepare bills, other documents that will be transferred to the best possible social and political structure of the Russian Federation;

4) publicly protect your ideological views, conduct an active debate with other ideologies;

5) Vymagati in court, or through other organs of the state, adopting a reshkod, related to the realization of the right to ideological change. Citizens of Russia may have the right to seek out those chi and other ideologies, to live active approaches to the realization of life. But such a choice to be shy of them is apprised, voluntarily and independently. At one time, the power cannot impose on the hulks, be it an ideology, like a slanderous obov'yazkov, like a stench, under the fear of a criminal and other punishment, distributing, victorious, and propagating.

The Russian Federation is a world power. No religion can be established as sovereign, but obov'yazkova. Religious associations in the Kremlin in the state and equal before the law (Article 14).

The Constitution of the Russian Federation may have legal force, direct effect and be enforced throughout the entire territory of the Russian Federation. Law and other legal acts adopted by the Russian Federation, nothing is to blame for the superstition of the Constitution of the Russian Federation. Organs of state power, organs of local self-regulation, townspeople, citizens and their union of goiters to comply with the Constitution of the Russian Federation and laws (Article 15). This article is especially important to the fact that it is the part of the Constitution in the system of normative legal acts of the country. The Constitution forms and enshrines the principles of legal regulation, is the basis of all legislation and is an act that has the highest legal force. Ієєєєrarchіchny order of roztashuvannya aktіv to certify about the special legal force of the Constitution. Tse means that there is no supremacy over the laws of those other legal acts; the rest may come out of the Constitution and not super-ready. Laws and sub-legislative acts that supersede the Constitution do not lose legal force. Moreover, the acts of the federal legislature can only be confirmed by the Constitution, and the acts of the bodies of the state power structures of the subjects of the Federation, and the formation of the bodies of the local self-regulation. The Constitution, expanding its territory throughout the entire territory of the Russian Federation, emphasizes sovereign integrity, unity of the system of structure of sovereign power. The Constitution and the laws of the Russian Federation regulate the most important suppositories of water. With this help, the foundations of the constitutional harmony, the main right-wingers and the freedom of the masses, sovereignty, form and see authority, the foundations of criminal, civil, family and other law enforcement are consolidated.

Visnovok

constitution

The constitutional mode is characterized by special principles (basic ambushes), which are at the basis of mutual relations between people, powers and suspenst. Today in Russia, the state is the political organization of the hromada society, its democratic legal character and the people in the new, її rights, freedoms, honor, dignity are recognized as the greatest value, and their dotrimannya that zakhist is the main binding of the state. The guarantee of this is the basic law of the state - the Constitution of the Russian Federation, the decree, chapter 1 of the Constitution, as a way to consolidate the constitutional order of the country, the fundamental ones of the ambush, as in the upcoming divisions, they develop their own development and concretization. The chapter “Fundamentals of the Constitutional Harmony” defines the most important principles of the state and supremacy, the nature of sovereignty, the form of government and the political regime, the main aspects of the legal regulation of sovereignty, as well as the order of interdependence of political, social and economic systems. All the other provisions of the head of recognition are especially important, and the stench will require a special legal and procedural defense, including the defense of timely, streamlined furnishings.

The constitutional way is the most important warehouse be-like power, and in order, what way will it be, to lay down the life of a huge citizen and a development of this power.

List of references

1. The Constitution of the Russian Federation: adopted by popular vote on December 12, 1993: with a camp on December 30, 2008. // Vіdomosti Verkhovnoi for the sake of Ukraine. - 2009. - No. 4.

2. Federal constitutional law dated 28 March 2004 No. 5 - FKZ (ed. On April 24, 2008) "On the referendum of the Russian Federation" // Russian newspaper. - No. 137. 06/30/2004.

3. Federal law dated 12 March 2002 No. 67 - Federal Law (as amended on 04/05/2013) “On the main guarantees of electoral rights and the right to participate in the referendum of the citizens of the Russian Federation” // Russian newspaper. - No. 106. 06/15/2002.

4. Federal law dated 6 July 2003 No. 131 - Federal Law (as amended on 04/05/2013) “On the fundamental principles of organizing mass self-regulation in the Russian Federation” // Verkhovnoi RF Vydomost. - 2003. - No. 40. - p. 20

5. Federal Law of 26 April 1997 No. 125 - Federal Law (as amended on 01.07.2011) "On Freedom of Conscience and Religious Association" // Vydomost of the Supreme RF. - 1997. - No. 39. – p. 67

6. Federal law dated April 11, 2001 No. 95 - Federal Law (as amended on 04/02/2013) "About political parties" // Russian newspaper. - No. 133. 07/14/2001.

7. Federal Law of 31 May 2002 No. 62 - Federal Law (as amended on November 12, 2012) "On the community of the Russian Federation" // Russian newspaper. - No. 100. 5.06.2002.

8. Aleksiev S.S. Zagalna theory of power and law: M: Legal Literature. - 1982.

9. Babun R.V. Organization of mass self-regulation: - St. Petersburg: PITER, 2005.

10. Constitutional law: Assistant for universities. View. 2nd, revised. that dod. M.: Lawyer, 2002.

11. Constitutional Law: Glossary / Ed. V.V. Maklakov. M.: Lawyer, 2001.

12. Constitutional law of the Russian Federation. Abstract of lectures. Nekrasov S.I. – 2009.

13. Constitutional law of Russia. Dove S.A. - Heading guide - 2008.

14. Limbach Yu. The goals of the social power: change and development in the decisions of the constitutional court // Vidomosti of the Verkhovna Radi. 2002 №8

15. Mitskevich A.V. Formation of a new constitutional way of the Russian Federation // Power of Law. 1992. No. 8.

16. The theory of modern constitution / Khabrieva T.Ya., Chirkin V.Є. - M.; Norma, 2005.

The goal is dedicated to the federal structure of Russia. 3 of the Constitution of the Russian Federation, the main principles of the federal structure are fixed at Art. 4 and 5 goal. 1 "Fundamentals of the Constitutional Harmony", which signifies their significance and invariability for the foundation of the dignified Constitution of the Russian Federation. Most of the fixed principles underlie the constitutional and legal status of the Russian Federation.

The Constitution of the Russian Federation fixes this principles of the federal structure of Russia(Scheme 8).

Scheme 8. The principles of the federal structure of Russia.

Sovereign integrity. This principle means, zokrema, the unity of the territory of the Russian Federation, the expansion of the sovereignty of the Russian Federation over the entire territory, a single economic space, a single legal space, too.

Unity of the system of state power. The unity is manifested in the unity of the nature of power (dzherelo, meti diyalnosti), uniformity in the institutional organization of power at the federal and regional levels, ієrarchy and interdependence of different bodies of state power, too.

Equality and self-determination of peoples in the Russian Federation and what are the stars equality of subjects of the Russian Federation. Living in a year. From Art. 5 of the Constitution of the Russian Federation, the term “people” can be interpreted in two meanings: first, as representatives of the singing ethnic group, as they live in different warehouse parts of Russia (Chechen people, Tatar people, people of the Finno-Ugric group, Belarusian, Azerbaijani Diaspora diaspora, nimtsі, karaimi toshcho); in a different way, like a mustache of the population, who live on a singing territory without ethnic, national infestation (the people of Dagestan, the people of the Samara region, the Meshkants of Moscow, too). For whatever reason, the principle of self-determination of peoples cannot be interpreted as the right to leave the territory of the Russian Federation: the Constitution speaks directly about the self-determination of peoples at the Russian Federation, henceforth, the people, implementing this principle, can, zocrema, change the status of the subject of the Russian Federation, to live like a stench, unite with another subject of the Russian Federation, to grow up on a sprat of territory, create a national-cultural autonomy, well, ale, first, at the fundamental borders of the Russian Federation and, in a different way, not zazіhayuchi on the basis of the constitutional way of Russia (the form of government, economic devices, ideological, spiritual foundations). The principle novelty of Russian constitutionalism is the provision about those that all subjects of the Russian Federation (republics, territories, regions, places of federal significance, autonomous regions and autonomous districts) are equal, may have the same legal status.

Separation of subjects of jurisdiction and renewal between the authorities of the sovereign power of the Russian Federation and the authorities of the sovereign power of the subjects of the Russian Federation(between federal and regional state authorities). Peace podіlu rule between the center and warehouse parts of the state, as it was intended, one of the main signs of a federal structure. The very core was the key to the formation of Russian federalism, and it is necessary to look at the report.

If there is a discussion about demarcation between the federal center and warehouse parts of the state, the terms “delimitation of subjects of jurisdiction” and “delimitation of renewal (competence)” are used. Some people get used to it like that, which is not entirely accurate. Pid subjects of management(Russian Federation, її subjects, municipal administration, municipal offices) the spheres of suspіlnyh vіdnosin are understood, for some important bodies of state power (organs of self-regulation) there are legal regulation, and pіd renewals– a legal officer and obov'yazki of a senior public authority, such as the granting of the implementation of the task and of the subjects of legal jurisdiction. Competence a - the totality of the uhsіh vladnyh renovations to the body of the state power (the body of the state self-regulation) from the essential subject of knowledge. Povnovazhennia, like competence, is the power of power, the power of a sovereign body, the body of the local self-regulation chi posadovtsyu.

The basic principles of the Rozmetezhuvannye Vladniye MIZH by the Federal Center for the IT of the submarines of the Russian Federation Society in the Constitutions of the Russian Federation, and the detailed laws of the Federal Law of 10.10.1999 No. 184-ФЗ “On the Zagalniy Principles of Legitatives (representers) Federation» z izm . that dod.

Separation of objects of vendnya and vladnyh renovation is possible two main ways: normative (constitutional, statutory, legislative) and contractual. In this way, the negotiated way of demarcation is not opposed to the constitutional one, it is not “non-constitutional” and can only stay within the framework of the viable Constitution of the Russian Federation. Vіdmіnіst mizh tsimi methods scho scho z normative methodі vladnі vladnі vozhennja zakryplyuyuutsya for vіdpovіdnym pod'єktіm і normative actі (Constitution of the Russian Federation, constitution (statute) of the subject of the Russian Federation, federal chi regional law), and in the case of a contractual one - at the contract (plea) . It is possible to stop one of the designated methods, as well as their day.

The Constitution of the Russian Federation, which is the most expanded in practice of the federative powers the principle of the three spheres again, close:

1) subjects of the vinyatkovy court of the Russian Federation;

2) the subjects of sleep management (the so-called sphere of falling, competing competencies);

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

List subject matter of the Russian Federation appointed at Art. 71 of the Constitution of the Russian Federation, as a closure and, henceforth, pіdlyagaє expansionary clouding. The basic criterion for the transfer of power to the ruling of the Russian Federation (as in most of the federal powers) is to secure rights for it, in marriage to ensure the implementation of sovereign sovereignty, the unity of law and freedom of people and the hulk and the policy of the state. List sleeping subjects, as a retelling of the subjects of the jurisdiction of the Russian Federation, we will close it for the Constitution of the Russian Federation (Article 72). The translation of the subjects of the jurisdiction of the Russian Federation and the sleeping jurisdiction, as a rule, is found in the constitutions and statutes of the subjects of the Russian Federation. Subjects of jurisdiction of subjects of the Russian Federation the federal Constitution is not clearly defined, the Constitution of the Russian Federation only closes the sphere of legal regulation of the subjects of the Russian Federation: the establishment of a system of organs of state power (part 2 of article 11, part 1 of article 77), the adoption of constitutions, statutes (part 1, 2, article 66), the establishment of sovereignty of the republics (part 2, article 68) and that’s why, according to the surplus principle, all the food is given here, as if they didn’t go to the first two spheres (article 73 of the Constitution of the Russian Federation), but it means that the scope of legal regulation of subjects of the Russian Federation is wide.

The Constitution of the Russian Federation fixes ієrarchy of normative acts of the Russian Federation and subjects of the Russian Federation: From the subject of joint jurisdiction, the supremacy may be federal law, and from the subject of jurisdiction of the subjects of the Russian Federation, priority over federal laws may be the normative legal acts of the subjects of the Russian Federation (parts 5, 6 of article 76 of the Constitution of the Russian Federation). The priority of federal acts in the sphere of criminal justice of the Russian Federation is obvious, but in this sphere of regional acts, for the last rule, there is nothing to blame (part 1 of article 76). It is worth remembering that the subjects of the criminal law of the Russian Federation and її subjects can be taken as a federal law (such a visnovok can be blamed for the literal clouding of the year. 2 article 76 of the Constitution of the Russian Federation), and the federal nature of the regulatory legal act (legislative act directives of the President of the Russian Federation, resolutions of the Order of the Russian Federation, leading acts). The legal position was taken from the Constitutional Court of the Russian Federation at Resolutions dated 09.01.1998 No. 1-P “In reference to the revision of the constitutionality of the Forest Code of the Russian Federation” and dated 27.01.1999 No. 1-P “In reference to clouding”, 7 articles 71 “ (Part 1) and 112 (Part 1) of the Constitution of the Russian Federation”.

Spivvіdnoshennia federal and regional legislation from the subjects of svіlnogo vedennâ at st. 76 (parts 2 and 5) of the Constitution of the Russian Federation is designated as follows: in these spheres, joint ventures can be adopted as federal laws and other federal legal acts, as well as laws and other normative legal acts of subjects of the Russian Federation. However, the rest of the responsibilities are accepted in accordance with federal laws, in times of superbness between federal law and the regulatory legal act of the subject of the Russian Federation and the federal law.

Vіdsutnіst federal law z nutrition spilnogo vedennija Rosіyskoїї Federatsії and її subjects not є reshkodoyu for regulation of tsgogo pitannja subject of the Russian Federation. However, the possibility superior legal regulation in the subject of the Russian Federation it is already surrounded. First, the constitutional order about the need for the validity of normative legal acts of the subjects of the Russian Federation to the federal law is transferred to bring the legal act of the subject of the Russian Federation into compliance with the federal law, adopted later. In a different way, the Federal Law “On the principles of the organization of legislators (representatives) and government bodies of the sovereign power of the subjects of the Russian Federation” after the introduction of changes and additions on April 4, 2003. to avenge the closure of the new order of the authorities of the sovereign power of the subjects of the subjects of the common knowledge, as the stench can zdiisnyuvat independently.

Contractual way Separation of sovereignty along the vertical in the federal state should be considered as an additional one, to the fact that in all the main spheres of supremacy of the subjects of jurisdiction, that renewal may be buti demarcation normatively.

For example, the 1990s. in Russia, the “parade of sovereignties” has changed from the “parade of laying down agreements”, for the subjects of the Russian Federation it has become “non-prestigious” not to lay down agreements from the center. The contracting process in the period rightly vyklikav ambiguous assessment and anxiety, fragments of the norms of the provisions of the treaties invaded the sphere of the federal constitutional and legislative regulation, the contractual model of the Russian Federation (“negotiable law”) began to actually harden. Until the spring of 1999. 42 contracts were laid down with state authorities in 46 subjects of the Russian Federation and over 250 specific areas before them. Subjects of the Russian Federation, yakі laid down contracts, occupied a large part of the territory of the country, they lived for more than 50% of the population, it was about 60% of the economic potential of Russia. With the majority of signings at this hour, the agreements between the federal authorities of state power and the bodies of state power of the subjects of the Russian Federation changed the scheme of delimitation of subjects of jurisdiction between the Russian Federation and її subjects, established in the Constitution of the Russian Federation.

The change in the vertical structure of the state power in Russia took over from that until the end of 1999. the laying down of new agreements was signed, and from 2002. having begun the process of attaching the statutory agreements for the benefit of the parties (nine most of the statutory agreements were negotiated).

Chinne legislation has changed the procedure for implementing the contractual method of demarcation of subjects of jurisdiction and renovating between federal and regional bodies of sovereign power. The federal law "On the principles of the organization of legislators (representatives) and state authorities of the subjects of the Russian Federation" subject obzhuvach, i.e. the subject of the agreement can become less specific about the improvement of federal and regional bodies of state power, including economic, geographic and other features of the subject of the Russian Federation and the world, which features are designated differently, lower, established in federal laws the subject of favors between the federal and regional bodies of the vykonavchoї may be more than delegating some of the obvious new things). In another way, the law is fixed timchasovy obzhuvach, so the agreement (please) cannot be without a string, the boundary term of the agreement becomes ten years with the possibility of a pre-string separation (pripinennya dії) both for the good of the parties, and for the decisions of the court. Thirdly, the Law fixes the concept of the contract, which does not samovykonuetsya, in internal federal governments, which signifies the aggravation procedures for laying down and nabuttya ceremonies with contracts and favors- Agreements are signed in advance (before the signing of the agreement by the President of the Russian Federation and the head of the region) to be praised in the legislative body of the subject of the Russian Federation and the signed agreement is confirmed by federal law. Such a rank, such bilateral agreements can be called with great frequent intelligence, shards, in essence, the will of dozens of subjects of the legislative process, including all the subjects of the Russian Federation, is accepted (more important). Please between the federal and regional bodies of vikonavchos to gain rank after they are approved by the decrees of the Order of the Russian Federation. Such a procedure allows for the inclusion of contracts that please the provisions that violate the principle of equal rights of the subjects of the Russian Federation (organs of the sovereign power of any subject of the Russian Federation may have the right to take away the draft contract for their own request, otherwise please respect their own propositions and respect).

For laying earlier and docking contracts for this purpose, it was established that up to 8 April 2005. If they will be approved by federal law and by the decree of the Uryad of the Russian Federation, it is clear that they should apply their own decree.

Between the borders between the lords and the center and the regions, the normative changes in the arrangement of agreements in the significant world are being carried out. The main recognition of internal state (as well as internal regional) treaties of that kind is the specification, clarification, delegation of normatively demarcated home renovations for the insane priority of the normative way of subdividing power vertically.

Topic 11
The warehouse of the federation in Russia and the constitutional and legal status of the Russian Federation and її subjects