Without a constitutional framework, no modern sovereign democratic state can function and develop normally. The constitution, for the most part, is a kind of legal act that has fundamental legal significance in a given country. The subject of this article is the highest legal force of the Constitution of the Russian Federation.
General information
In 1993, the next Constitution was adopted in the Russian state - a law of higher legal force, proclaiming the Russian Federation as a rule of law with a democratic political regime. The new Constitution was based on the ideology of natural inalienable human rights.
The structure of the Constitution of Russia
The Constitution consists of three parts - the introductory (Preamble) and two main sections. In total, the Basic Law of the Russian State contains 137 articles grouped into chapters.
The first section contains 9 chapters on the characteristics of the constitutional system of the state and its federal structure, freedoms and human and civil rights, public authorities and municipal government, as well as the procedure for amending the Basic Law.
The second section of the Constitution reflects the transitional and final provisions on the termination of the old constitution, on the entry into force of the new and others.
Features of the Constitution of the Russian Federation
Compared to previous constitutions, especially Soviet ones, the Constitution adopted in 1993 is characterized by higher democracy and stability. In addition, the current Constitution for the first time established the principle of separation of branches of public power, and also unified the powers of the territorial entities of the country. The head of state, according to the new Constitution, ceased to be the head of the executive branch.
One of the principles of the constitutional system of modern Russia proclaimed democracy. It implies the ability of the people to exercise their influence on the processes taking place in the country directly or through public authorities and municipal governments.
Amendment and adoption of the Constitution
According to article 136 of the Constitution of Russia, amendments to chapters 3-8 of the Basic Law on the federal structure of the country, government and municipal authorities are adopted in the same manner as is provided for by federal constitutional laws. They enter into force after approval by the representative authorities of the constituent entities of Russia.
In 2008, such amendments were first adopted. They provided for an increase in the presidential term and the term for the exercise of powers by deputies of the State Duma.
There are discussions in the scientific community about the legal force of such laws. Some scholars believe that constitutional laws of this type can be put in second place in legal force after the Constitution. Others, however, recognize the laws on amendments to the Constitution as the highest legal force equal to the legal force of the Basic Law.
The sources of constitutional law also include legal acts of the Constitutional Assembly of the Russian Federation, which can be canceled or changed any provision of chapters 1, 2, 9 of the Russian Constitution. The Constitutional Assembly is convened to resolve the issue of the need to review the Constitution or to confirm its invariability. If it is necessary to revise the Basic Law, a draft of the next Constitution is being developed, adopted either by a qualified majority of votes of the members of the Constitutional Assembly (two-thirds), or through a popular vote.
The supreme legal force of the Constitution
The legal force of a legal act as a whole is understood as a set of properties that determine the place and role of such an act in a particular legal system. The legal force of the act allows you to establish its subordination with other legal acts, to identify systemic relationships and dependencies in the legislation.
Article 15 of the Basic Law states that the Constitution has the highest legal force. The document has a direct effect, and its scope extends to the entire territory of Russia. Federal laws and other legal acts adopted in Russia cannot go against the Basic Law.
The supreme legal force of the Constitution means that the Basic Law occupies a dominant position in the state legal system and always enjoys unconditional supremacy in case of conflict with it of the norms of other legal acts. This rule underlies the activities of all government bodies without exception. So, for example, the legislator is obliged to proceed from the provisions of an act of higher legal force when amending existing legislation and preparing new legal norms.
Legal force of acts of international law
According to the fourth part of Article 15 of the Constitution, universally recognized principles and provisions of international law and international treaties of Russia are part of the country's legal system. Moreover, if the law establishes rules other than an international agreement, then the rules prescribed in the international agreement are applied.
Thus, there are reasons to believe that, along with the Constitution, international agreements and other acts of international law possess the highest legal force in all regions of the Russian state. Some authors even believe that such acts take precedence over the Constitution, which in essence is also a law.
Constitutional protection
Besides the fact that the Constitution has the highest legal force, it also enjoys special remedies and guarantees. Of particular importance among such funds is the constitutional control implemented by the Constitutional Court of the Russian Federation over the compliance of all regulatory legal acts with the Constitution.
The President of Russia also has the means of protecting the Constitution, who has the right to annul the acts of the Government, as well as suspend any acts of the executive branch of the government if they do not comply with the Basic Law of the state.
The President also has an additional opportunity to ensure the supremacy of the Constitution through the right of legislative initiative and the right to reject bills passed by the State Duma and approved by the Federation Council.
Direct effect of the Basic Law
The direct effect of the Russian Constitution is expressed in its ability to act as a regulator of social relations. This means that the norms set forth in the Constitution should be implemented in the work of officials and authorities, regardless of whether these norms are reflected in industry legislation.
The principle of direct operation of the Constitution also means the application of constitutional norms in the resolution of cases in courts. In the event that the court, when considering the case, comes to the conclusion that the norms of the applicable law are contrary to the Constitution, the norms of the Constitution are applied. In this situation, the court is obliged to request a constitutional review of the relevant law from the Constitutional Court of the Russian Federation.
In conclusion, we note that in fact in the Russian legal system there are no sources of law that are at the same level as the Constitution. The significance of the Basic Law is not limited to the supreme legal force of the Constitution, but also manifests itself in its supremacy throughout the country, in special protection and protection, as well as in the special procedure for reviewing, adopting and amending it.