The 1993 Constitution of the Russian Federation is the basic law adopted at a general referendum. It expresses the will of the people and consolidates the key provisions of the political system. The Constitution of the Russian Federation 1993 - A modern and current version of the basic law of the country. Let us further consider the specifics of this document.
Basic information
When considering the legal structure of the state, first of all, a general description of the Constitution of the Russian Federation is given . This legal document acts as the basis of law and order in the country. It is in this form that this normative act is considered by science. Along with this, the interpretation of the Constitution of the Russian Federation allows us to conclude that it is a political document. This is due to the fact that this act has a regulatory influence on public-power relations in society. The key functions of the fundamental law are:
- Organizational.
- Educational.
- Legal
- Stabilizing.
- Constituent.
- Political.
General characteristics of the Constitution of the Russian Federation
The basic law has a number of features by which it differs from other regulatory documents. First of all, the procedure for its adoption should be noted. As mentioned above, a nationwide vote was taken on the draft Constitution in 1993 . The decision to organize a referendum was made by presidential decree. Voting was carried out in accordance with the Regulation, which defines its order, methods of counting votes and formulating results.
As a result, on December 12, the Constitution of the Russian Federation was adopted . 2016 was the 23rd year of its existence. On the eve of the celebration of the adoption of the main law, the Federation Council noted that the document is adequate to the existing conditions and does not need to be adjusted or supplemented.
Form of government
The general characteristic of the Constitution of the Russian Federation allows you to get a clear idea of the type of state structure of the country. The basic law provides a concise and at the same time comprehensive definition. In particular, the act states that the Russian Federation is a democratic legal federal state with a republican form of government.
The president
The fact that Russia is not a parliamentary republic is quite obvious. However, experts are in no hurry to call it presidential in a classic form. This position is determined by the fact that the head of the country is endowed with sufficiently broad powers.
The special status of the president is fixed by the Constitution of the Russian Federation. The year 2016 showed how the head of state exercises the powers with which he is vested with law. Here should refer to Art. 80. It says that the president defines the foreign and domestic political directions of public policy. Events abroad showed the ability of the head of the country to take responsibility for what is happening, to competently coordinate the actions of state representatives in the international arena.
Similar conclusions can be drawn if we turn to domestic politics. The President constantly monitors the situation in the country, making operational decisions, decrees, and giving orders.
Territorial features
General characteristics of the Constitution of the Russian Federation allow us to understand the specifics of the geographical structure of the country. The basic law combines exclusively the territorial and national principles of a federal organization. At the same time, equality of administrative units and political entities is guaranteed. In Art. 5 states that Russia consists of territories and regions, including autonomous ones, cities of federal significance and republics. All of them act as equal subjects of the country.
The essence of the fundamental law
The essence of the Constitution of the Russian Federation is the formation of a regulatory framework for the adoption of laws and other legal documents aimed at protecting the political system, the interests of society, sovereignty and integrity of the country. It is these acts that specify the provisions of the fundamental law. The tasks of the Constitution of the Russian Federation include providing guarantees to the population in the implementation of all their legal opportunities on an equal footing.
Legal role
The interpretation of the Constitution of the Russian Federation is of particular practical importance. It is necessary for the understanding, first of all, by the population of their capabilities and responsibilities, of the authority of authorities at all levels. Constitutional provisions act as the highest material criterion for existing law in the country. Everything that is present and arises in it must comply with the norms of the fundamental law.
The text of the Constitution contains indications of the key principles of law. These include, in particular, democracy, humanism, equality of subjects before the law, and mutual responsibility of the individual and the state. Constitutional provisions have direct effect. They are subject to application by all courts and other jurisdictional structures.
The articles of the basic law can be referenced when making decisions, when motivating certain legal acts. Constitutional provisions act directly if certain relations are regulated by them and they are enough to resolve a particular situation. The fundamental law thus acts as the core of the regulatory system.
Constituent function
The emergence of the Constitution is due to fundamental changes in public life. Over time, the basic law has become the political and normative basis for social development. The Constitution of 1918 consolidated the achievements of the socialist revolution. In the law of 1937, the foundations of building a state system were fixed. The document adopted in 1978 reflected the features of the construction of already developed socialism.
The current Constitution does not indicate the nature of the social system. It consolidates the foundations of the state system as a whole. The principle of the separation of powers in the entire history of the existence of the state has been fixed precisely by the modern Constitution of the Russian Federation. At the same time, the protection of citizens is far from last. Protecting the interests of the population is a priority area of state policy.
Organizational role
Its essence lies in regulating the activities of state institutions at various levels. The basic law is designed to ensure the functioning of a balanced system of power, to delimit the terms of reference, to resolve the issue of the removal of the head of state from office, the dismissal of the government, the dissolution of the State Duma, and so on. Accordingly, the Constitution regulates and streamlines processes, regulates the functioning of public-power institutions, and defines the behavior models of legal entities.
Political function
It expresses the role of the basic law in the social structure. The constitution introduces political activity and the struggle for power into the legal framework. This function consists in both recognition and consolidation of ideological diversity, a multi-party system in society. Providing equal opportunities for political movements in the process of power struggle, the basic law prohibits actions related to forcibly changing the foundations of the state system, undermining the country's security, creating illegal formations, inciting social, national, racial, religious conflicts.
Stabilizing role
The country's constitution ensures the sustainability of legal institutions. Stability in the state system is a guarantee of peace of society. Constitutional provisions must have a certain conservatism for this. As practice shows, an excessively frequent change in the norms of the basic law indicates a disadvantage in the state and society. Meanwhile, the stability of the Constitution does not indicate a halt in the legal process. Some authors point out that the basic law was adopted somewhat hastily and has many defects. Of course, the Constitution has certain flaws, but in general it is a guarantee of stability.
Educational function
This role is considered one of the key. The effectiveness of the implementation of constitutional provisions depends on the degree of legal awareness of the population. In this case, rulemakers solve a rather complicated problem. It is important not only to formulate provisions. They must establish a tradition of respect for the Constitution, the authorities, the court, the citizen, society and the state as a whole. In this sense, the fundamental law currently in force most fully fulfills the educational function.
Structure
Consider the list of provisions contained in the constitution of the Russian Federation. The rights and freedoms of subjects are determined by 48 articles. All of them form Chapter 2 of the fundamental law. Human rights in the Constitution of the Russian Federation are presented as the highest value of the state. Individuals are guaranteed the preservation and implementation of its legal capabilities on an equal basis with others.
Human rights in the Constitution of the Russian Federation are called inalienable goods. However, they exist in interconnection with duties. Chapter 3 describes the federal structure. There are 15 articles in it. They reinforce the key provisions of Chapter 1 (the foundations of the constitutional order). Chapters 4-8 set forth the principles of the organization of local self-government and state power. In the section on the president of the country, there are 14 articles. They consolidate the status of the head of state, the procedure for his assumption of office, powers, the rules for their early termination, etc.
Chapter 5 reveals the basics of the organization and functioning of parliament. It contains 11 articles. The provisions establish the status of the FS, its structure, formation rules, and competence of the chambers. Chapter 6 contains provisions relating to government. They describe the order of creation, structure, competence of this body and other issues related to its functioning. Chapter 7 is dedicated to the judiciary. It contains 12 articles. The provisions disclose the concept of the judicial system, the principles of the administration of justice, the rules for the formation and powers of the Constitutional Court, the Armed Forces, the Supreme Arbitration Court, the prosecutor's office.
Chapter 8 specifies article 12 of the Constitution. This section sets out the provisions regarding the system of territorial administration and the functions of local authorities. Chapter 9 defines the procedure for supplementing and changing the basic law, the rules for its revision (that is, the adoption of a new document). The final and transitional provisions contain provisions indicating a temporary exemption from the operation of certain rules of the first part. They also set the date of adoption and entry into force of the fundamental law.
The final and transitional provisions establish that constitutional norms have priority over the Federal Agreement of March 31, 1992. It also determines the application of legislative and other normative acts that were adopted before the date of entry into force of the document.