Legal features of the Constitution of the Russian Federation

The basic law of the state is designed to regulate the most important social relations. The provisions in it do not apply to the detailed regulation of certain types of relationships. The legal properties of the Constitution allow this document to remain stable and long-term in nature.

The document under consideration has its own characteristics. The signs of the Constitution make it possible to distinguish it from adopted acts of existing legislation.

One of the main characteristics of the document is its supremacy in the entire system of legislative acts of the country. This characteristic defines the remaining legal properties of the Constitution. The supremacy is enshrined in article 15. According to the text of the provision, the legal properties of the Constitution and its direct effect extend to the entire territory of the Russian Federation. All other normative acts adopted in the country should not contradict the main legal document.

The legal properties of the Constitution reinforce the beginnings of all normative acts of all existing branches of law. In the event of a conflict between the requirements of the main legal document of the country and other regulatory acts, the latter are subject to change or cancellation. For example, article 35 of the Constitution enshrines the Presidentโ€™s right to suspend acts adopted by executive bodies of entities in case they contradict the Constitution.

The federal structure of Russia provides for the direct operation of the provisions of the main legal document of the country. Amendment and adoption of the provisions constituting the Basic Law, control over the execution of the order belongs to the competence of the Russian Federation, to its exclusive competence.

The main norms are the basis for all existing, current legislation of both the country as a whole and its subjects. The development and adoption of the new Constitution involves a radical revision of the content of all branches of the current legislation. Moreover, the analysis of the formation of the main provisions of the law indicates that the ratio between them and acts of existing industries is impractical to reduce solely to the determining effect. There is also feedback. It is expressed in the influence of the content of industry provisions on the content of the foundations of the Constitution.

Important in the legislative process is the procedure for adoption and amendment of the Main Provisions. The specified procedure is enshrined in Chapter 9 (on constitutional amendments and revisions of the Constitution). The President, the State Duma, the Federation Council, the Government, representative bodies from the subjects, as well as deputy groups from the State Duma and the Council of Federations, the number of which is not less than one fifth of the total number of members of the chamber, have the right to make changes and revise provisions.

To change these or other chapters, there is a separate procedure for revising and changing. So, chapters 9, 2 and 1 cannot be revised in the Federal Assembly. If proposals for changes are nevertheless received, and they are supported by three fifths of the total number of deputies of the State Duma and the Council of Federations, then, according to federal law, the Constitutional Assembly will be convened. This meeting will either confirm the immutability of the provisions, or begin to develop a new project. The new Constitution may be adopted by two-thirds of the votes of the total number of participants in the Constitutional Assembly. The adoption of a new draft may also be put to the general vote. It is believed that the Constitution is adopted if more than half of the citizens who participated in the popular vote cast their votes for it. Moreover, the number of participants should be more than half the population.

Source: https://habr.com/ru/post/F15070/


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