Today, most states are leaning towards creating a civil society driven by democratic principles. In some states, it is already present. Of course, this state of affairs was not at all times. Initially, people existed in small social formations: communities, tribes, etc. But over time, more effective forms of organization appeared in terms of coordination of large masses of people. That was the state.
The complexity of this structure is that its functioning directly depends on the internal mode of coordination of society. For the last element to be at a high level, it is necessary to create a fairly powerful mechanism of social regulation.
That is right today. It penetrated almost all spheres of human life. Moreover, law is the basis of a democratic regime and civil society. This fact is clearly manifested in the constitutions of many countries, including the Russian Federation. The key provision of law and the basic law as attributes of the regulation of society is prescribed in Art. 15 of the Constitution of the Russian Federation, which will be discussed later.
What is the basic law?
Law is the basis of almost all legal relations that exist today. However, if we take into account specifically the Russian Federation, then in our country this institution of public administration is subordinate to the norms of a single document, the main law - the Constitution. This normative act is characterized by the highest legal force and the presence of standards that enshrine the specifics of the activities of the highest bodies of state power, the territorial structure of the country
Thus, the Constitution is the basis of the legal system and all relations arising on the territory of Russia. The main law in the Russian Federation has a written form and a special procedure for making changes, which does not make it possible to “incite” a normative act to different political groups. The presence and operation of the Constitution is the basis of democracy in the country.
Basic Law Structure
Constitutional norms are located in the law in a special way. This allows you to use them as efficiently as possible in the process of regulating certain relations. The modern Russian Constitution has two sections. Key norms are presented in the first. This part of the Constitution establishes the provisions of the state system. Art. 15 of the fundamental law. It is endowed with its own specifics, and also pretty much affects the legal system of the Russian Federation.
Article 15 of the Constitution: Description
Many norms of the basic law have a great influence on the situation in Russia. In this case, Art. 15 of the Constitution of the Russian Federation establishes the legal status of a key regulatory act of the state and its specifics. The structure of this rule includes four parts. The first two relate directly to the legal status of the Constitution. The third and fourth parts explain other points of the legal system of the state. To fully understand the provisions of Art. 15 of the Constitution of the Russian Federation, it is necessary to consider all its parts separately. This will provide an opportunity to understand the specifics of the basic law and the role that it plays in modern Russia.
Features of Part 1 of Article 15 of the Constitution
At the beginning of the mentioned norm, the essence of the basic law and the fact due to which it is so called are explained. Part 1 of Art. 15 of the Constitution of the Russian Federation establishes the highest legal force of a normative act. Thus, in accordance with the provisions of this element of the article, the basic law is an act of direct action, or an absolute norm. The existence of this principle of operation of the Constitution proves its legal nature. In other words, it exists for the good of society.
The fundamental law consolidates a common social interest and effectively regulates human relations. In addition, all created normative acts on the territory of Russia cannot contradict the Constitution and its individual provisions. This means that in the process of publishing the legal acts, authorized bodies must take into account the norms of the basic law and the specifics of the legal regime that they establish. Otherwise, regulations may simply be declared invalid.
Territorial principle
Another important point of Part 1 of Article 15 of the Constitution of the Russian Federation is the provision on the territoriality of the law. The legal force of the key regulatory act of the state extends to the entire Russian Federation. In other words, regardless of region or region, the legal regime will be the same. Moreover, no subject can change it depending on their own interests.
Obligation to publish legislation
Normative documents, in the structure of which there are legal provisions, are of great importance for the entire legal system of the state. The bottom line is that it is precisely thanks to laws and by-laws that the state has an exceptional opportunity to directly regulate society. Therefore, rather serious requirements are put forward to regulatory documents of this kind, one of which has a constitutional status. Part three of the main law refers to the need for official publication of all laws without exception. Interpretation of Art. 15 of the Constitution of the Russian Federation, namely the presented element of the norm, makes it possible to understand two fundamental features:
- firstly, any law is created by implementing a certain, normatively established procedure;
- secondly, the official publication of the legal acts implies a report of their provisions to the population of the Russian Federation.
Thus, any laws and other official documents adopted on the territory of the modern Russian Federation must meet the requirements presented in full. Otherwise, their action will be deemed illegitimate.
Principle of non-application
In part 3 of Art. 15 of the Constitution also mentions the conditions under which the effect of the created laws cannot be carried out. The bottom line is that neglecting the need to publish a legal regulation is a direct contradiction to the basic law. This means that issued regulatory documents do not actually have legal legal status. In turn, this fact, as we understand it, prohibits the use of such laws.
Constitution of the Russian Federation, Art. 15, paragraph 4: interpretation
One of the most important issues of the modern legal system of any state, including Russia, is the question of the legal status of international acts (treaties, conventions, etc.). The bottom line is that the scope of international law today is very developed. Its norms penetrate more and more into the national laws of many states.
In this matter, the Russian Federation is no exception to the rule. After all, our state is increasingly trying to join the world community and the trends that exist in it. Therefore, the provision of international normative acts is fixed directly in the main law. Part 4 of Art. 15 of the Constitution of the Russian Federation suggests that international acts are part of the legal system of modern Russia. That is, the use of international law is not only allowed, but also a matter of course.
Of course, this state of affairs is very positive, since the Russian Federation can use foreign experience in the process of regulating certain social relations. Thus, the interpretation of Part 4 of Art. 15 of the Constitution of the Russian Federation shows that international official documents are a significant part of the basic law.
Conflict of national and supranational norms
If you analyze art. 15 clause 4 of the Constitution of the Russian Federation, then in this part of the norm you can see the situation that solves the problem of "dispute" of domestic official documents and international. The peculiarity is that in all cases priority is given to supranational law. An excellent example are the moments when the same legal relations are regulated differently by the provisions of the acts of the Russian Federation and some international documents. In this case, the latter will have priority. This approach allows you to more fully and effectively join the trends that exist today in the global community.
Conclusion
So, in the article we examined Art. 15 of the Constitution of the Russian Federation with comments. The provisions of this rule are of great importance for modern Russia, since they show the legal status of the basic law and other official documents of the state.