main constitutional principle. The principles of the constitution. Constitutional principles of activity

In philosophical literature principle(from Latin principum - beginning) is defined, firstly, as a direct generalization of experience and facts, the result of which is the main idea, an idea that serves to build a theory, and, secondly, as a law of science, since it expresses essential and necessary relations of reality.

Fundamental ideas formulated by science in a particular area of human activity appear as a result of an active, creative attitude of a person to the surrounding reality. However, not all guiding ideas, even if recognized by people in this capacity, are scientific principles, but only those that adequately reflect the objective laws and trends of historical development.

The principle as a guiding idea, reflecting the essential properties of phenomena, simultaneously acts as a requirement that determines the activities of people, their behavior.

Legal principles(principles of law) act as fundamental ideological principles, guiding regulations, requirements. Legal principles are not only expressed, but also, as a rule, enshrined in the constitution and current legislation. They actually and legally acquire a normative character and exercise a regulatory impact on public relations on people's behavior.

The Constitutional Court of the Russian Federation in its decision of January 27, 1993 No. 1-P noted that general legal principles have the highest degree normative generalization, predetermine the content of constitutional human rights, sectoral rights of citizens, are universal in nature and, therefore, have a regulatory impact on all spheres of social relations. The general obligatory nature of such principles consists both in their priority over other legal provisions and in the extension of their action to all subjects of law.

General legal principles are manifested in constitutional principles, which, in turn, are refracted in sectoral principles.

Concept of constitutional principles

Under constitutional principles refers to the general, guiding principles of constitutional and legal regulation, which have the highest degree of normative generalization, predetermining the development of the entire system of legal regulation.

The constitutional principles follow from the essence of the constitutional and legal matter itself, they have an objective character. In this sense, they express in a concentrated form the world experience of development constitutional law, constitutional and legal regulation. The spirit (meaning) of the constitution, its philosophical aspect form, first of all, constitutional principles. They constitute the theoretical, methodological and legal core of the constitution and other sources of constitutional law. Constitutional principles fasten, cement into one qualitative whole the system of sources of constitutional law, give it a philosophical and ideological justification. Constitutional principles determine the core orientation of all constitutional and legal regulation in a given society and state.

Constitutional principles affect social relations both directly and indirectly, in interaction with other constitutional provisions. Constitutional principles form the basis of constitutional regulations. They are of particular importance in understanding, interpreting and implementing other provisions of the constitution.

Constitutional principles in their individuality have only their own content, purpose, a certain scope and a specific circle of subjects to which it is addressed, specific forms of implementation.

System of constitutional principles

Constitutional principles find direct expression in the foundations covering the relationship between the individual, civil society and the state.

The constitutional principles are:

priority ;
democracy (), separation of powers and other principles;
equality before the law and court;
freedom of economic activity;
unity of the economic space;
inviolability of private property and freedom of contract;
ideological and political diversity;
the secular nature of the state;
equality of subjects of the Russian Federation.

Along with the constitutional principles that simultaneously act as , one should distinguish between the constitutional principles of sub-sectors and institutions of constitutional law (for example, the principles of the constitutional status of the individual, the constitutional principles of citizenship, the principles of constitutional federation, the principles of the judiciary, etc.).

The implementation of constitutional principles, both general and special, in the real behavior of the subjects of public relations leads to the establishment of constitutionality and constitutional order.

Constitutional principles are connected with each other, interact with each other. Such interaction does not always have a parity beginning. Each time, specific living conditions and circumstances, the struggle of conflicting interests dictate the decision on the possible priority in the implementation of one or another constitutional principle.

When considering the “Chechen case” in the Constitutional Court of the Russian Federation, it became natural to recognize the priority of the constitutional principle of territorial integrity Russian Federation which did not mean at the same time ignoring another constitutional principle, namely the recognition of human life, his rights and freedoms as the highest value.

constitutional principle rule of law means the organization and functioning of public (political) power, including in its relations with individuals, on the basis of the constitution and laws, in accordance with the requirements of law, of which the recognition and guarantee of the inalienable rights and freedoms of man and citizen is essential.

The conditions for the formation and functioning of a rule of law state are a socially oriented market economy and an adequate political form for it - democracy, genuine democracy.

The rule of law is possible only with the proper organization of the public power itself, which excludes its monopolization and ensures that its entire system (structure, powers of certain types of bodies, methods of formation, forms of activity, etc.) comply with the requirements of law. As experience has shown, in the best possible way such an organization is the division of state power into legislative, executive and judicial. Thus, the constitutional principle of the rule of law is embodied in a number of private principles, which include: the separation of state power; the dominance of law, constitution and laws, the mutual responsibility of the state and the individual; respect for the rights and freedoms of man and citizen; judicial protection of persons and other subjects of public relations from the arbitrariness of anyone; compliance of domestic legislation with generally recognized principles and norms of international law.

Understanding the content of the constitutional principle of the welfare state (Article 7 of the Constitution of the Russian Federation), it is necessary to take into account such principles as the equality of all before the law and the courts, respect for the rights and freedoms of man and citizen, freedom of economic activity, and inviolability of private property. From the meaning of the constitutional provisions, it follows that the achievement of the goals of the welfare state is impossible without the implementation in society of effective economic activity for the production of material and spiritual benefits.

The constitutional principle of the welfare state means that the state must eliminate unjustified social differences. However, taking into account the principles of the rule of law, freedom of economic activity, inviolability of private property in determining the measure and volume of redistribution of property in order to eliminate unjustified social differences, it is unacceptable to turn a welfare state into one that takes full control of the economic system. Thus, when developing economic and social policy, the state needs to find a balance between various constitutional principles that are in a certain relationship with each other.

These principles are of great importance in the process of legislative and executive activities of public authorities.

Constitutional principles directly operate in conflict situations, as well as in cases of gaps in constitutional and legal regulation. They help the legislator, judges, and other law enforcers to choose the version of the legal decision that is most consistent with the constitutional principle. Often, constitutional principles serve as an additional legal argument in decision-making by judicial and other law enforcement bodies on specific cases.

In its argumentation, when resolving specific cases, the Constitutional Court of the Russian Federation often refers to such constitutional principles as justice, the equality of all before the law and the court, the universality of judicial protection of the rights and freedoms of man and citizen and others, including in their interaction and complement each other.

As an example of the consideration by the Court of the interaction of constitutional principles, the decision of the Constitutional Court of the Russian Federation of July 22, 2002 No. 14-P on the case of checking the constitutionality of a number of provisions can serve federal law dated July 8, 1999 No. 144-FZ "On the restructuring of credit institutions".

As evidenced by the practice of applying this Law, the Constitutional Court of the Russian Federation noted, the general preference given by the legislator to the interests of citizens-depositors (which is a manifestation of the nature of the Russian Federation as a social state in accordance with part 1 of article 7 of the Constitution of the Russian Federation) was taken into account when developing the conditions settlement agreements in the process of restructuring credit institutions, and the interests of the poor and other socially unprotected categories of the population were taken into account.

However, despite the intention clearly expressed by the federal legislator to create a preferential legal regime for citizens-depositors, the basic laws of the market economy and the legal principles of regulation immanent to them, arising from the meaning and spirit of the Constitution of the Russian Federation, do not allow establishing such a procedure for concluding a settlement agreement when restructuring a credit institution, with in which, by reducing payments to other creditors, citizen-depositors would receive the deposits due to them in full. Otherwise, it would be contrary to what is enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation to the principle, according to which the exercise of the rights and freedoms of man and citizen should not violate the rights and freedoms of other persons.

Economic relations in the credit sphere can function normally only if the principles of their regulation are truly legal, i.e., embodying the ideas of justice, freedom, universal and equal scale for all subjects of law. The laws of a market economy require that an amicable agreement in the process of restructuring be a reasonable compromise between the interests of depositors and other groups of creditors, banks and their founders (participants), as well as the state.

The Constitution of the Russian Federation is the main valid legal act of the state, fixing the foundations of the constitutional system of the Russian Federation, as well as directly the state structure, the rights and freedoms of man and citizen, the formation of three branches of government and local government. The Constitution of Russia consists of the Preamble, which enshrined the humanistic and democratic values of the state and 2 sections that define the foundations of the social, political, economic, legal social systems in Russia, fixing the basic rights and freedoms of the individual, the federal structure of the state and the procedure for making amendments and changes to the highest normative - the legal act of the country.

Fundamentals of the constitutional order of the Russian Federation

To begin with, it should be clarified that the foundations of the constitutional order of the Russian Federation are established by Articles 1-16 of Chapter 1 of the Constitution of the Russian Federation. The constitutional system of Russia is a system of political, legal, economic and social relations, which are not only established, but also strictly protected by the current Constitution. Among the important features of the constitutional order are:

popular sovereignty,
inviolability of universally recognized human rights and freedoms,
division of power.

Principles of the constitutional system of the Russian Federation

In accordance with the legal act of the foundation of the constitutional order of the Russian Federation, there is a system of principles covering all spheres of public life of society and the state as a whole - socio-economic, political and legal, cultural and ideological, international and other. Consider the most important principles of the constitutional order of Russia:

Political and legal sphere:
Socio-economic sphere:
Cultural and ideological sphere:
international sphere.

Thus, the legal basis of the Constitution of the Russian Federation contains the concept that modern Russia is being built as a legal, federal, democratic state with a republican form of government. At the same time, the main duty of the state is the observance and protection of the rights and freedoms of man and citizen.

These are the main ideas that determine the essential features, the qualitative properties of the constitution as the main

The Constitution regulates the most important social relations, its norms are the starting point for all other branches of the legal system.

Therefore, constitutional principles are fundamental for the formation of the norms of all other branches of law.

1. Democracy and sovereignty of the people. The essence of this principle is that Art. 3 of the CRF establishes that all power in the state belongs to the people.

2. Legality. The proclamation of the Russian Federation as a legal state implies the consolidation in the CRF of the principle of legality, the essence of which is strict observance of the requirements of the law. This principle is reflected in Art. 15 of the CRF, which establishes the highest legal force and direct action KRF throughout Russia.

3. Equality and full rights of citizens. This principle consists in the recognition of a person, his rights and freedoms. highest value.

4. Guaranteed rights and freedoms of man and citizen. The CRF guarantees citizens the opportunity to exercise their rights and freedoms.

5. Humanism. The constitutional recognition of a person as the highest value reflects the principle of humanism, which means caring for a person, about the comprehensive development of his spiritual and physical qualities, and improving the material conditions of life. The spirit of humanism permeates all constitutional norms that enshrine the rights and freedoms of man and citizen. This is most clearly manifested in the norms establishing the inalienability of human rights and freedoms and their belonging to everyone from birth (Article 17); the right of everyone to life (art. 20); protection of the dignity of the individual, prohibition of torture, violence (Article 21); the right to liberty and security of person (art. 22); right to favorable environment(Art. 42), etc.

6. State unity. For federal multinational state carrying out the principle of state unity in the Constitution of the Russian Federation is of decisive importance. This principle was enshrined in the preamble of the CRF and in Art. 4, establishing that the sovereignty of the Russian Federation extends to its entire territory (Art. 8; 67; 68; 74; 75).

7. Equality and self-determination of peoples. It is due to the multinational character of Russia, its federal structure (Art. 5; 73; 66; 69).

8. Separation of powers. This principle is new in the Russian constitutional legislation and is enshrined in Art. 10-11 of the Constitution of the Russian Federation. Its essence lies in the fact that state power in the Russian Federation is exercised on the basis of division into executive, legislative and judicial.

9. Ideological diversity, multi-party system. In connection with the fundamental transformations in public life, the Constitution consolidates in its content the principle of ideological diversity and multi-party system, previously unknown to Russian legislation. According to Art. 13 of the Constitution, no ideology in Russia can be established as a state or mandatory. The Russian Federation recognizes the possibility of forming various political parties and public associations.

The legal properties of the constitution are such specific features that distinguish it from the acts of the current legislation.

1. Supremacy in the system of legislative acts of the state, the highest legal force (this property is reflected in its very text, Article 15);

The Constitution is the core of the legal system (constitutional norms serve as the starting point for all branches of Russian law, on their basis the content of all regulatory legal acts in force in the Russian Federation is formulated);

3. Direct action of the constitution of the Russian Federation throughout Russia;

4. Special legal protection (provided with the help of

constitutional review). According to Art. 71 of the CRF, control over its observance is the responsibility of the Russian Federation, and ensuring the compliance of the federal constitution with the constitutions of the republics is the subject of joint jurisdiction of the federation and its constituent republics. A special place in the protection of the constitution and the constitutional system belongs to the President of the Russian Federation, who, as head of state, is the guarantor of the Constitution; The obligation to uphold and defend the Constitution is part of the President's oath. In order to protect the Constitution, the Constitutional Court of the Russian Federation was created and operates, which, at the request of the President of Russia, the Federation Council, State Duma, Government of the Russian Federation, Supreme Court, the Supreme Arbitration Court, the executive, legislative and judicial authorities of the subjects of the federation resolves disputes about the compliance with the Constitution of legislative and other legal acts, a list of which is given in Art. 125 of the Basic Law);

5. A special procedure for the adoption and amendment of the constitution. This order is established in ch. 9, which clearly defines the list of subjects entitled to make proposals for amendments and revision of the Constitution - the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, the legislative bodies of the subjects, groups of deputies of the Federation Council or the State Duma number of at least one fifth of the total the number of members of the Chamber.

It is important to keep in mind that there are different procedures for amending the provisions of chapters 1, 2 and 9 and chapters 3-8 of the CRF.

The norms of chapters 1, 2 and 9 cannot be revised by the Federal Assembly at all. If such proposals are received and supported by three-fifths of the total number of members of the Federation Council and deputies of the State Duma, then the Constitutional Assembly is convened in accordance with federal constitutional law. It either confirms the invariability of the CRF, or develops a draft of a new Constitution, which is adopted by the Constitutional Assembly with two-fifths of the votes of the total number of members or submitted to a popular vote. During a popular vote, the CRF is considered adopted if more than half of the voters who took part in the voting voted for it, provided that more than half of all voters took part in it.

voters.

Amendments and changes to Ch. 3-8 are adopted in the manner prescribed for the adoption of a federal constitutional law.

This procedure provides for their approval by a majority of at least three-quarters of the total number of members of the Federation Council and at least two-thirds of the total number of deputies of the State Duma. These amendments come into force after they are approved by the legislative authorities of at least two-thirds of the subjects of the federation.

More on the principles of the constitution:

US CONSTITUTION OF 1787, ITS THEORETICAL PRINCIPLES AND LEGAL CHARACTERISTICS
Chapter 4. THE CONSTITUTION - THE BASIC LAW OF THE STATE 4.1. The concept and essence of the Constitution
§1. Concept, signs of the constitution. The essence of the constitution
The constitution of the Helvetic Republic was drawn up on the basis of the constitutions of France and the United States and largely borrowed from the ideas of the Enlightenment.
The structure of the Federal Constitution was completely borrowed from the Federal Constitution of September 12, 1848 and consisted of one hundred and twenty-one articles.

The Constitution of the Russian Federation is the main normative act of Russia, which has the highest legal force throughout the territory of the Russian Federation and direct action.

Based on the definition, the Constitution of the Russian Federation is based on 2 main principles: 1) the supremacy of the Basic Law;

2) direct action of constitutional norms.

1. The supremacy of constitutional norms means that the Constitution of the Russian Federation of 1993 is valid throughout the entire territory of the Russian Federation. This principle is also reflected in the federal structure of the Russian Federation. Despite the fact that the subjects of the Russian Federation are endowed with the right to adopt their own constitutions (charters), nevertheless, the effect of these regulations is limited to the territory of the subjects, while the Constitution of the Russian Federation extends its effect to all subjects simultaneously.

The supremacy of the Constitution of the Russian Federation means its highest legal force, i.e. all adopted on the territory of the Russian Federation regulations(regardless of whether they are federal or adopted only in individual subjects of the Russian Federation) must comply with constitutional norms. Therefore, the Constitution of the Russian Federation can be called the fundamental basis of the entire legal system of Russia.

2. The principle of direct action means that constitutional and legal norms operate on the territory of the Russian Federation not indirectly, but directly, directly, i.e. compliance with constitutional norms should not be made dependent on any circumstances.

The Constitution of the Russian Federation in its content enshrines one of the main principles democratic state- the principle of separation of powers, according to which three branches of power operate simultaneously in Russia: 1) legislative; 2) executive; 3) judicial.

Thanks to this principle, a system of "checks and balances" is established in the power structure, which ensures the normal functioning and interaction of various authorities. This principle is also ensured by delimiting the rule-making activities of the President of the Russian Federation, the Federal Assembly and the Government of the Russian Federation, the spheres of joint and separate competence of the Russian Federation, its constituent entities and local governments.

An important principle of the Constitution is the provision on Russia as a social state. “The Russian Federation,” says Art. 7 of the Basic Law, is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person”.

The essence of this principle lies in the fact that the state assumes part of the functions and responsibility for the social sphere of society, is obliged to direct resources to the protection of labor and health of people, establish a guaranteed minimum wage, provide support for the family, motherhood, fatherhood and childhood, the disabled and senior citizens, develops a system of social services, establishes state pensions, benefits and other guarantees of social protection.

Social orientation of activity Russian state is clearly expressed in its constitutional obligation to ensure the realization of fundamental human rights:

the right to free work;

· the right to social security in old age, in case of illness, disability, in other cases established by law;

The right to housing

the right to health care;

the right to a favorable environment;

the right to education.

In order to ensure the relevant rights, state bodies develop and implement federal and regional programs for the protection of health, the protection and support of the family, childhood, and the protection of the natural environment.

The principle of the Constitution of Russia is also economic freedom, the diversity of forms of ownership while maintaining a single economic space. Unlike constitutions. Soviet period 1993 Basic Law of Russia recognizes and protects equally private, state, municipal and other forms of ownership (for example, the property of public associations). Thus, each of them can develop freely, competing with each other and filling various areas of the Russian economy.

Economic freedom is expressed in the ability of a person to use his abilities and property for entrepreneurial and other economic activities not prohibited by law, the right to sell his labor force on the labor market. At the same time, however, economic activity aimed at monopolization and unfair competition is not allowed.

The diversity of forms of ownership and economic freedom can show their strengths only in the conditions of maintaining a single economic space, which means the free movement of goods, services and financial resources. The establishment of customs borders, duties, fees and any other obstacles to the free movement of goods, services and financial resources is not allowed on the territory of the Russian Federation.

Guaranteeing and recognition of local self-government is also one of the principles of the Constitution of the Russian Federation. Local self-government is a set of bodies and institutions that ensure the independent solution of local issues by the population.

According to the Constitution of Russia, local self-government acts as an independent channel (form) for the exercise of power by the people. Local self-government bodies are not included in the system of state authorities.

Local self-government contributes to the decentralization of the management of state and public affairs, “unloads” state power, and contributes to the development of social activity of citizens at their place of residence.

The principles of the Constitution listed above are at the same time the foundations of the constitutional order of the Russian Federation. This means that they determine the content, the main meaning of not only the Constitution itself as the Basic Law of the state, but also (subject to their real implementation) the structure of society and the state.

An important principle of the Constitution is the provision on Russia as a social state. “The Russian Federation,” says Art. 7 of the Basic Law, a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person”.

The social orientation of the activities of the Russian state is clearly expressed in its constitutional obligation to ensure the implementation of fundamental human rights: the right to free labor; the right to social security in old age, in case of illness, disability, in other cases established by law; the right to housing; the right to health care; the right to a healthy environment; the right to education.

In order to ensure the relevant rights, state bodies develop and implement federal and regional programs for the protection of health, protection and support of the family, childhood, environmental protection

The principle of the Constitution of Russia is also economic freedom, the diversity of forms of ownership while maintaining a single economic space. Unlike the constitutions of the Soviet period, which ensured a focus on the predominant development of state property and excessively expanded the scope of state regulation, the Basic Law of Russia of 1993 recognizes and protects equally private, state, municipal and other forms of property (for example, the property of public associations). Thus, each of them can develop freely, competing with each other and filling various areas of the Russian economy.

Economic freedom is expressed in the ability of a person to use his abilities and property for entrepreneurial and other economic activities not prohibited by law [Art. 34], have the right to sell their labor force on the labor market [art. 37]. At the same time, however, economic activity aimed at monopolization and unfair competition is not allowed.

Guaranteeing and recognition of local self-government is one of the principles of the Constitution of the Russian Federation. Local self-government is a set of bodies and institutions that ensure the independent solution of local issues by the population.

The Constitution of Russia, like any state, is characterized not only by principles, but also by a number of legal properties that distinguish it from other laws and determine it. special place in the legal system.

The most significant of them is the supremacy of the Constitution, its highest legal force. For the first time in domestic constitutional practice, this legal property of the Constitution received a detailed consolidation in the text of the Basic Law itself. “The Constitution of the Russian Federation,” says Art. 15, -- has the highest legal force, direct effect and applies throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.”

The supremacy of the Constitution in the legal system of Russia is ensured by a special mechanism for its implementation and protection. The Constitutional Court of the Russian Federation (Article 125 of the Constitution of the Russian Federation) deals with issues of ensuring the constitutionality of laws and other legal acts, interpretation of constitutional provisions.

The supreme force of constitutional norms means that in case of their discrepancy with the norms of ordinary laws, constitutional norms are in force. Constitutional norms in terms of legal force are heterogeneous, they themselves can be differentiated, divided into several groups:

1. Norms constituting the foundations of the constitutional system [ch. one]. They enshrine the highest socio-political and legal values of Russian society and have a higher legal force within the framework of the Constitution itself. They can be changed in a special, in comparison with other norms of the Constitution, order. No other provisions of the Constitution may contradict the foundations of the constitutional order of the Russian Federation [Art. 16].
2. Constitutional norms on human rights and freedoms [Ch. 2]. Their specificity lies in the direct prohibition [art. 55] to issue laws that abolish or diminish the rights and freedoms of man and citizen. In addition, the Constitution establishes the limits within which these constitutional norms can be temporarily limited [art. 55]. All this emphasizes the special legal significance of these constitutional norms,
3. Constitutional norms, which can be specified only in federal constitutional laws. The latter are special laws that are most closely (organically) related to the Constitution. Their adoption requires an increased number of votes of the State Duma and the Federation Council, in comparison with ordinary laws. So, the provisions of Art. 125 of the Constitution on the powers and procedure for the activities of the Constitutional Court of Russia can only be specified in a constitutional law.
4. Other norms of the Constitution, having increased legal force in comparison with ordinary laws.

citizenship constitution human freedom