In this article we will talk about the main features of constitutional law. To date, the Constitution of the Russian Federation consists of nine chapters and two sections. They detail the rights and obligations of the citizen and the current government. The main feature is that on December 12, 1993, the Constitution was adopted by popular vote and entered into legal force on December 25 of that year. Every resident of the country knows that it is the basic law and has the highest legal force, therefore, it strengthens the foundations of the constitutional system.
Background
The Fifth All-Russian Congress of Soviets of the RSFSR adopted the country's first Constitution on July 10, 1918. There were six sections in it, which concerned the rights of the worker, the construction of the Soviet government, budget rights, passive and active suffrage, etc. In January 1924, immediately after the unification of the republics into (the current CIS countries) a single state of the USSR, a new Basic Law was adopted at the second congress. It consisted of two sections. They included declarations and agreements on education.
Stages of the Constitution from 1936 to 1993
After 12 years, the Constitution was amended (1936). This time, citizens received the right to work and rest, provision in old age, freedom of speech, personal integrity and the right to privacy of correspondence. The document, which has the highest legal force, on October 7, 1977 officially secured a one-party political system. This Constitution was valid until the collapse of the Soviet Union.
Constitutional Law
The norms of constitutional law are the rules of conduct adopted at the state level that directly regulate social relations. They constitute the subject of constitutional law. Legal norms combine the spheres of regulation and form a legal institution.
Any industry does not have an understanding of the features without legal norms. Common signs belong to CPN. Compared with other rules of law, they differ: content, sources, special mechanism, the specific nature of the subjects and structural features. In a legal institution, various norms are combined. These institutions are:
- personal rights and freedoms of citizens of Russia;
- suffrage;
- parliament, etc.
An example of a constitutional legal norm is articles 57-59, which state that individuals and legal entities must pay taxes and fees, as well as preserve and protect the environment, while a citizen has an obligation and duty to serve the Fatherland. Therefore, it is impossible to give a clear concept to a legal institution, since borders smoothly cross each other. For example, one norm can be considered as part of two or more legal institutions. Therefore, no one is able to give a specific definition of this term.
Structure
In order to understand the features of constitutional law, it is necessary to first study its structure and specificity.
So features are directly related to the composition. Specificity:
- A significant part of the basic constitutional legal norms is contained in the Constitution, as well as in the charters of the subjects. In other words, in all primary constituent acts.
- Norms enshrine the fundamental spiritual, cultural, socio-economic and political structure of society.
- The legal norms of the Constitution determine the structure of democracy (elections, referendum, judiciary, president, media, etc.), that is, what expresses the initial interest of society, programming it for further development.
- Constitutional legal norms in most cases act as a standard for other branches of law. Not one of the norms of criminal, administrative, civil or other law should not contradict them. But nobody forbids filling with their own industry content.
Examples
The peculiarity of the norms is that there are no sanctions in the structure itself. But constitutional legislation has constitutional legal sanctions. For instance:
- removal from office of the president;
- resignation of the government;
- liquidation of a political party by court order;
- dissolution of parliament;
- recall of deputies.
As well as the annulment of the decision to register a candidate for deputy.
Features
Having studied the structure of constitutional legal norms, we can identify the main features that have common features. They are inherent in all legal norms. But in the Constitution they stand out from the entire legal system. Differ:
- content (specifics of public relations, to which the regulation is directed);
- sources;
- feature species that are regulated by standards;
- constituent and specific character.
The state system determines constitutional law, and also establishes the principles that all branches of jurisprudence must be guided by.
Eligible standards
What it is? UN - these are decisions that provide a certain subject with the right to perform any action, but they should not contradict the Basic Law. These standards are divided into:
- Prohibitory (the rule of law imposes an obligation on the subject to refrain from taking a particular act).
- Obligatory (assignment to the subject of certain duties that must be performed).
A normative act of an authorizing norm may begin with the words “has a right”, “is permitted”, etc. Examples may include situations such as: taxpayers have the right to use privileges, but only if there are grounds specified in paragraphs. 3 p. 1 of Article 21 of the Tax Code of the Russian Federation (Tax Code of the Russian Federation).
Kinds
The constitutional and legal norms of the Russian Federation (Russian Federation) are divided according to their social purpose in the legal system into several categories:
- Constituent (establish socio-economic and public-power foundations of society).
- Regulatory (enshrines the rights of citizens, as well as the powers of bodies and officials).
- Security (guarantee of civil rights).
- Security (establish measures of violations of constitutional legal coercion).
- Operational (change the content of other norms).
- Definitive (introduce the definition of the initial terms of law).
- Eligible.
- Conflict norms (determination of the competence of bodies).
- Prohibitory.
- Binding.
Legal regulation contains procedural and substantive rules. Also, in the features of the constitutional legal norm, framework, dispositive and imperative analogues can be distinguished. According to the subjects of lawmaking, they are also distinguished, but they come from the federal authorities or entities, etc. From a legal point of view, the norms differ only in the acts in which they are necessarily indicated.
Citizen and law
The constitutional obligations of citizens of the Russian Federation are spelled out in the Basic Law. Human and civil rights are directly related to obligations. Therefore, in a document that has the highest legal force, some points are indicated that citizens of Russia must observe. Constitutional duties are divided into two features:
- Direction for the protection and protection of socially important values.
- Realization of not only personal, but also public interests.
Common responsibilities include:
- respect the rights and freedoms of others (part 2, article 15);
- to preserve and protect nature (Article 58);
- preserve the historical heritage (art. 44).
Also, specific constitutional duties of citizens of the Russian Federation include:
- Parental Responsibilities (Article 38).
- Conscription (Article 59).
- Payment of taxes and fees (Article 57).
This is in some way a feature of constitutional law.
The Constitution of the Russian Federation protects the rights and freedoms of all citizens by any means that are not prohibited by this law. There are three options:
- Appeal of a citizen of Russia to state bodies.
- You can also contact local governments to appeal against actions and inaction of officials who violate the rights of citizens.
- The third way is to contact the media or human rights organizations that come together to help and protect the individual.
In any legal state there is a way to protect rights - a trial. A person whose rights are violated can calmly contact the necessary authorities and receive support. Such a method is prescribed in the Constitution of the Russian Federation. The constitutional law of a citizen includes two types of powers of judicial protection: material content (redress) and procedural content (legal action).
Public relations
Constitutional norms are implemented through legal relations. This is the case when obligations and rights arise between the parties after the onset of legal facts. The subject of regulation is these relations:
- public, on which the structure of the state and society is based, the form of government, sovereignty, etc .;
- the basis of the legal status of citizens of the Russian Federation;
- the principle of functioning of state power systems and local government systems.
The definition of constitutional legal relations implies the regulation of constitutional law, as well as the implementation of legal relations between entities. But it is also implied that there is a form of mutual relations (rights and obligations). Based on all of the above, we can safely say that constitutional law rules govern social relations.
Summary
This article revealed the concept, features and types of constitutional legal norms, also touched on the history of the Constitution, how a person is connected with legal norms, etc. These categories can be classified on various grounds. For example, by the nature of the action, content or form. But do not forget the fact that, by legal force, these norms are not the same. They are the main ones in the Constitution, which the charter of the subjects of the Russian Federation should not contradict in any way. Otherwise, the law or any decision will be invalid. This is clearly and clearly spelled out in part two, article sixteen. And priority is in chapter one (on the foundations of the constitutional system).
Constitutional forms differ in the nature of the main purpose and content of their own prescriptions. They are classified as binding, authorizing and prohibiting. But it is also worth considering the role in the constitutional mechanism. Procedural and material norms are allocated. The former are procedures and forms where the latter are implemented. Material regulates the content of the relationship.