The structure of the Constitution is a special order. Through it, a special system is formed that allows you to group homogeneous constitutional norms into chapters, sections and establish the sequence of arrangement.
Features of the Constitution of the Russian Federation at different times manifested themselves in different ways. The provisions reflected the traits of the prevailing ideology, the degree of development of a particular area of public relations, their level of preparedness for legal influence, as well as the processes of improving legal technology.
Description of the Constitution of the Russian Federation
The generalization of norms into specific single complexes (chapters, sections) is based on the similarity of the regulatory object (subject), that is, the direct relationship of the norms with the signs of those social relations that are affected.
The structure of the Constitution presupposes the sequence of arrangement of the relevant regulatory complexes. Ordering depends on various factors. First of all, it is important to take into account the relationship of all norms with each other, productivity and primary. In addition, the structure of the Constitution is directly dependent on certain concepts that form the basis of its provisions. These and other factors are important when comprehending the entire system of provisions of the Basic Law, the accounting of which is considered an integral component included in qualified law enforcement.
The structure of the Soviet-era Constitution was distinguished by legal imperfection. The norms, especially in the section on general provisions, were grouped without proper systematization and logical explanations. Until 1937, the Basic Law did not contain a section securing civil rights. After this section took the last place in the Constitution. Only in the Basic Law, adopted in 1978, the section on the rights and obligations of a citizen was put in second place, after a set of provisions on the foundations of politics and social order.
In the process of drafting the 1993 Constitution, it was proposed to put in the first place a section securing the freedoms and rights of citizens. In a number of countries, it is precisely this set of provisions that the Basic Law opens. However, in Russia such a structure was not adopted. There is a logical explanation for this. So, it is considered pointless to start the Constitution with a section securing the freedoms and rights of the people, without defining the foundations in accordance with which the society of which citizens are members is established. At the same time, the freedoms and rights of the population were established in the second chapter, where they are recognized as the highest value and the most important basis of the country's state system .
The Constitution has a preamble and two sections. The first contains, in fact, the Basic Law. This section includes 9 chapters about:
- Fundamentals of the constitutional structure.
- Freedom and rights of a citizen and a person.
- Federated device.
- President of the Russian Federation.
- Federal Assembly.
- The Government of the Russian Federation.
- The judiciary.
- Local government.
The ninth chapter contains provisions on constitutional amendments and revisions of the Law. The second section contains the Final and Transitional Provisions.
It should be noted that this structure of the Basic Law has significant differences from those that existed in the state earlier (during the Soviet era, in particular). So, the preamble, eleven main and six additional sections stood out earlier. The Federal Treaty was cited as the main part. The complex of provisions of the Constitution that exists today reflects primarily the conceptual ideas on which the constitutional system of the state is based.