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 is directly applicable.

Based on the definition, the Constitution of the Russian Federation is based on 2 basic principles: 1) the supremacy of the Basic Law; 2) direct action of constitutional norms.

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 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 normative acts is limited to the territory of the subjects, while the Constitution of the Russian Federation extends its effect to all subjects at the same time.

The supremacy of the Constitution of the Russian Federation means its supreme legal force, that is, all normative acts adopted on the territory of the Russian Federation (regardless of whether they are federal or adopted only in certain constituent entities of the Russian Federation) must comply with constitutional norms. Therefore, the Constitution of the Russian Federation can be called the fundamental principle of the entire legal system of Russia.

The principle of direct action means that constitutional and legal norms operate on the territory of the Russian Federation not indirectly, but directly, directly, that is, 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 of a democratic state - the principle of separation of powers, in accordance with which three branches of government 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 differentiating the rule-making activities of the President of the Russian Federation, the Federal Assembly and the Government of the Russian Federation, the sphere of joint and separate competence of the Russian Federation, its subjects and local authorities.

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, the policy of which is aimed at creating conditions that ensure a dignified 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 allocate resources to the protection of labor and health of people, to establish a guaranteed minimum wage, to provide support for families, motherhood, fatherhood and childhood, people with disabilities and senior citizens, develops the system of social services, establishes state pensions, benefits and other guarantees of social protection.

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 prescribed by law;

the right to housing;

the right to health care;

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 health protection, protection and support of families, childhood, and environmental protection.

The principle of the Constitution of Russia is also economic freedom, a variety of forms of ownership while maintaining a single economic space. Unlike the constitutions of the Soviet period, which ensured an orientation towards the preferential 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, property of public associations). Thus, each of them can develop freely, competing with each other and filling various spheres 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, he has the right to sell his labor on the labor market. At the same time, however, economic activities aimed at monopolization and unfair competition are not allowed.

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

Guaranteeing and recognizing 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 by the population of issues of local importance.

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

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

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

The principles of the constitution in legal science are understood as the fundamental ideas and provisions that determine the most essential features, qualitative properties of the Constitution as the Basic Law of the state.

Basic principles of the Constitution of the Russian Federation:

1. Democracy and sovereignty of the people. The essence of this principle is that Art. 3 of the Constitution of the Russian Federation establishes that the people belong to the full power of the state. "The bearer of sovereignty and the only source of power in the Russian Federation," it is emphasized in this article, is its multinational people. "

The Constitution also establishes the main forms of the people exercising their sovereignty:

1. The President of the Russian Federation and the Federal Assembly are elected through general elections.
2. The most important issues are submitted to a referendum, an example of which is the adoption of the Constitution.
3. The Constitution introduced a system of local self-government, which is exercised by citizens through elected and other self-government bodies (Art. 130).

2. Legality. The proclamation of the Russian Federation as a rule of law presupposes the consolidation of the principle of legality in the Constitution of the Russian Federation, the essence of which is strict observance of the requirements of the law. This principle is reflected in Art. 15 of the Constitution of the Russian Federation, which establishes the supreme legal force and direct effect of the Constitution throughout the territory of the Russian Federation. Clause 2 of Article 15 also stipulates that state authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.

The principle of legality was also enshrined in the norms of Chapter 7 of the Constitution of the Russian Federation, which establishes the system of government bodies, the principles of their organization and activities.

3. Equality and full rights of citizens, guaranteed rights and freedoms. This principle consists in the recognition of a person, his rights and freedoms as the highest value. Article 19 of the Constitution of the Russian Federation establishes: "Everyone is equal before the law and the court." And further it is emphasized that the state guarantees the equality of human and civil rights and freedoms regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, and other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited. Man and woman have equal rights and freedoms and equal opportunities for their realization.

Considering the content of the principle of equality of citizens, it should be emphasized that we are talking about legal equality, providing everyone with equal legal opportunities to enjoy rights and freedoms. Actual equality is impossible due to a number of objective and subjective reasons.

4. Humanism. The constitutional recognition of a person as the highest value reflects the principle of humanism, which means care for a person, for the all-round development of his spiritual and physical qualities, material living conditions.

5. State unity. For a federal multinational state, the implementation of the principle of state unity in the Constitution is of decisive importance. This principle is enshrined in the Preamble and Art. 4 of the Constitution of the Russian Federation, which establishes that the sovereignty of the Russian Federation and the supremacy of the Constitution of Russia extend to its entire territory.

The Russian Federation ensures the integrity and inviolability of its territory.

The principle of state unity is evidenced by the following provisions:

Art. 8 - the unity of the economic space;
- Art. 67 - the unity of the territory;
- Art. 68 - establishing the Russian language as a single state language;
- Art. 74 - securing the establishment of customs borders, duties, fees on the territory of Russia;
- Art. 75 - establishing the ruble as a single monetary unit etc.

6. Equality and self-determination of peoples. This principle is due to the multinational nature of Russia and its federal structure.

This principle is enshrined in:

Preamble to the Constitution of the Russian Federation;
- Art. 5 - establishing a list of the subjects of the federation and indicating that in relations with federal bodies of state power, all subjects are equal;
- Art. 73 - reinforcing that outside the jurisdiction of the federation and the joint jurisdiction of the federation and the subjects, the latter have full state power.

According to Art. 66 of the Constitution of the Russian Federation, the status of a subject of the Russian Federation may be changed by mutual agreement of the federation and the subject in accordance with federal constitutional law.

This principle is also reflected in Art. 69, which states that the Russian Federation guarantees the rights of indigenous peoples.

7. Separation of powers. This principle is new in Russian constitutional legislation and is enshrined in Art. 10 and 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 legislative, executive and judicial. The legislative, executive and judicial authorities are independent.

8. Ideological diversity, multi-party system. In connection with radical transformations in public life, the Constitution of the Russian Federation enshrines in its content the principle of ideological diversity and multiparty system, previously unknown to Russian legislation. According to Art. 13 of the Constitution of the Russian Federation, no ideology in Russia can be established as state or mandatory. The Russian Federation recognizes political diversity and a multi-party system. Public associations are equal before the law.

Principles of constitutional law

The principles of constitutional law include fundamental ideas that proclaim the values ​​protected by the state. Such principles are distinguished by increased normativity, which means their primary importance in the activities of the entire state. All other branches of law exist in order to ensure the implementation of the basic principles enshrined in the constitution. Also, the main task of the state is to protect the regulated rights and freedoms of the individual, the constitutional order and forms of power, which are enshrined in the Constitution.

The main principles of constitutional law are:

1.the principle of federalism,
2. protection of the rights and freedoms of the individual,
3. separation of powers,
4. republican form of government,
5. popular sovereignty.

And now let's take a closer look at the basic principles of constitutional law:

The principle of the republican form of government is enshrined in the Constitution and means that the state has a republican form of government, the highest source of power is the legislative assembly, which is elected by the people.
The principle of separation of powers is regulated by constitutional norms and is reflected in the division of power into three parts - judicial, executive and legislative. This is necessary to prevent the concentration of power in one hand and maintain a republican form of government.
The principle of federalism means the division of the state into structural units that have limited independence, but are generally subject to federal authority.
The principle of popular sovereignty lies in the rule of the people. The people are the basis of statehood, it is he who chooses the legislative and executive powers.
The principle of protecting the rights and freedoms of the individual reflects the basic essence, the purpose of the state.

Constitutional and legal principles

The Constitutional Court of the Russian Federation has substantiated that there are general principles of law that are embodied in constitutional principles. Thus, the question was resolved whether the general principles of law are constitutional principles. Article 15 of the Constitution of the Russian Federation introduced two categories of international legal norms into the Russian legal system. The first category is made up of generally recognized principles and norms of international law, established and recognized by the international community of states: norms containing the fundamental principles of international law; rules of general international customary law; general principles of law recognized by civilized nations. The second category includes the norms contained in the international treaties of the Russian Federation.

Apparently, all general principles of law in Russia refer to constitutional principles, since they are a form of expression of general principles of law. The following hierarchy is emerging - the general principles of law are manifested in constitutional principles, which, in turn, are refracted in sectoral principles and norms. Being constitutional, the general principles of law take their specific place among other sources of law. Recognition of this fact changes the balance of powers in the Russian system of separation of powers: part of the rule-making powers should be transferred from the legislator to the court. In the presence of a developed judicial system, applying general principles of law, at a minimum, the highest courts should act as a “specific legislator in a specific case”.

General principles of law are provisions (rules) of objective law (i.e. not natural or ideal), which may or may not be expressed in the texts of laws, but must necessarily be applied in judicial practice.

Jean-Louis Bergel drew attention to such a feature of the general principles of law as their less strict, precise and definite nature than the legal prescriptions contained in legal texts.

“General principles, - Zh-L. Bergel, - must be formulated, at least by the judiciary; they are endowed with such qualities as power, rigor and applicability, and precisely because of this, the same qualities are possessed by the vague desires of the legislator, expressed and concretized by general principles. "

The system of constitutional and legal principles includes: Constitutional principles, which are the expression of such general principles of law as:

A) the principle of justice;
b) the principle of proportionality (proportionality) and balance while limiting subjective rights;
c) the principle of legal security;
d) the principle of good faith and the inadmissibility of abuse of subjective rights.

General constitutional principles of a market economy:

A) the principle of the rule of law;
b) the principle of democracy;
c) the principle of separation of powers;
d) the principle of equality before the law and the court;
e) the principle of a social market economy.

In constitutional principles, three groups of norms can be distinguished (with a certain degree of conventionality, since all norms are interconnected):

The first group consists of general norms and principles that characterize statehood and establish the prerequisites for real democracy;
- the second group - norms-principles, fundamental for the institution of democracy;
- the third group - special norms that secure the elements of the implementation mechanism higher forms democracy.

The following constitutional provisions can be attributed to the general norms-principles:

1) Russia is a legal, democratic state with a republican form of government (Art. 1);
2) a person, his rights and freedoms are the highest value (Art. 2). This fundamental principle assumes that all actions of subjects of law (including collective ones) should be commensurate with the priority position of a person in the state and society;
3) the rule of law (Art. 15). Compliance with the law is a universal obligation that applies to both the state (in the form of its bodies and officials) and civil society (in the form of citizens and their associations);
4) ideological diversity, political diversity, multi-party system (Art. 13);
5) equality of subjects of law before the law and the court (Articles 13, 19).

The second group of constitutional norms-principles includes the following:

1) the bearer of the sovereignty and unity of sources of power in the Russian Federation is its multinational people (part 1 of article 3);
2) the people exercise their power directly, as well as through state authorities and local self-government bodies (part 2 of article 3);
3) the highest direct expression of the power of the people is a referendum and free elections (part 3 of article 3);
4) citizens of the Russian Federation have the right to participate in the management of state affairs both directly and through their representatives (part 1 of article 32).

The constitutional right of citizens to participate in the management of state affairs is traditionally considered to be fundamental, determining the very nature of the political rights and freedoms of citizens. The scope of legal regulation of the norm that enshrines the rights of citizens to participate in the management of state affairs goes far beyond the ordinary subjective law, invading the scope of other political rights and freedoms of citizens: electoral law, the right to participate in a referendum, and many others. Perhaps the right of citizens to participate in the management of state and public affairs is not so much a subjective right that is part of the system of political rights and freedoms, but rather a fundamental principle of the relationship between a democratic state and its citizens. This principle is implemented primarily through the implementation of the political rights and freedoms of citizens.

The right of citizens to manage the affairs of the state is the implementation of the principle of democracy.

This right is revealed in a number of specific forms of its implementation:

Local self-government is exercised by citizens through a referendum, elections, other forms of direct expression of will, through elective and other bodies of local self-government (part 2 of article 130 of the Constitution of the Russian Federation);
- local self-government in the Russian Federation ensures the independent solution by the population of issues of local importance, ownership, use and disposal of municipal property (part 1 of article 130);
- the structure of local self-government bodies is determined by the population independently (part 1 of article 131);
- citizens of the Russian Federation have the right to associations (Art. 30);
- Citizens of the Russian Federation have the right to assemble peacefully, without weapons, to hold meetings, rallies and demonstrations, processions and picketing (Article 31);
- Citizens of the Russian Federation have the right to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies (Article 33).

The third group of constitutional provisions, which we conditionally defined as special, includes norms that consolidate the elements of the mechanism for the implementation of democracy in Russia:

1) citizens of the Russian Federation have the right to elect and be elected to bodies of state power and bodies of local self-government, as well as to participate in a referendum (part 2 of article 32);
2) citizens who have been declared legally incompetent by the court, as well as held in places of deprivation of liberty by a court verdict, do not have the right to elect and be elected (part 3 of article 32);
3) a reference to the existence of a federal constitutional law on a referendum of the Russian Federation (Article 84), special federal laws on the procedure for the election of the President of the Russian Federation (Article 81) and on the procedure for forming the Federation Council and the election of deputies to the State Duma (Article 96);
4) the duty of the President of the Russian Federation to call a referendum (Article 84);
5) the lack of the right to call a referendum for the interim President of the Russian Federation (Article 92);
6) the duty of the President of the Russian Federation to appoint elections to the State Duma (Articles 84, 111, 117);
7) the establishment of guarantees for the conduct of elections: elections of the President of the Russian Federation must take place no later than three months from the date of early termination of the exercise of powers in the event of his resignation, persistent inability for health reasons to exercise his powers or dismissal from office (Article 92); in the event of the dissolution of the State Duma, the President of the Russian Federation sets the date for the elections so that the newly elected State Duma meets no later than four months after the dissolution (109);
8) the duty of the Federation Council to schedule elections for the President of the Russian Federation (Article 102);
9) consolidation of the principles of elections of the President of the Russian Federation: on the basis of universal, equal and direct suffrage by secret ballot (Article 81);
10) establishment of electoral qualifications:
- The President of the Russian Federation may be a citizen of the Russian Federation at least 35 years old, permanently residing in the Russian Federation for at least 10 years, the same person cannot hold the office of President of the Russian Federation for more than two consecutive terms (Article 81);
- A citizen of the Russian Federation who has reached the age of 21 and has the right to participate in elections may be elected a deputy of the State Duma;
- one and the same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma;
- a deputy of the State Duma cannot be a deputy of other representative bodies of state power and bodies of local self-government (Article 97).

Thus, the range of constitutional and legal principles is wide enough and there are various ways to classify them.

Principles of constitutional status

The principles of the constitutional position of an individual make it possible to reveal more deeply the nature of the relationship of people with each other, of an individual with society and the state.

The principle of the priority of the interests of the individual in relations with the state is one of the key ones, since it determines the initial principle in the most important sphere of the individual's life - its relationship with the state. This principle is manifested in the constitutional consolidation of human interests as the goal of the state. The state created by man is called to serve him. The position that human and civil rights and freedoms determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are ensured by justice (Article 18 of the Constitution of the Russian Federation) is also characterized by the focus on satisfying the interests of the individual.

The principle of combining personal and public interests stems from the well-known philosophical postulate - you cannot live in society and be free from society.

It is expressed through the proclamation of the Constitution:

Joint responsibilities of the individual and the state in the economic, social and political spheres, restriction of human rights and freedoms for the general benefit (for example, the seizure of private property for a proportionate remuneration and on the basis of law in the interests of society);
- common values ​​of man, society and state (human life and health, favorable environment).

The principle of the unity of rights and obligations arises from the need to balance the behavior of people in various spheres of their life, respect the integrity public relations and formal legal equality of individuals. The rights and freedoms of an individual correspond to corresponding obligations to other persons, the community of people or the state.

The principle of legality is manifested through a system of special requirements for the legal regulation of human rights, freedoms and duties.

The principle of the equal rights of the individual permeates the content of many constitutional norms governing the rights, freedoms and duties of the individual. The essence of this principle is the recognition of rights, freedoms and obligations for each member of society in equal measure.

Principles of the constitutional state

The rule of law is an organization of political power that creates conditions for the fullest possible provision of human and civil rights and freedoms, as well as for the most consistent binding through the law of state power in order to prevent abuse.

From the definition of the rule of law, two main principles (two sides of the essence) of the rule of law can be distinguished:

1) the most complete provision of human and civil rights and freedoms (social side);
2) the most consistent binding through the law of political power, the formation for state structures the regime of legal restriction (formal legal side).

The first principle found its constitutional confirmation in Art. 2 of the Constitution of the Russian Federation, which says that "a person, his rights and freedoms are the highest value." The rule of law must consistently fulfill its main purpose - to guarantee every citizen the opportunity for the comprehensive development of the individual.

We are talking about a system of social action in which human and civil rights are primary, natural, while the ability to exercise the functions of state power becomes a secondary, derivative.

Today, political and legal science in the form of natural science recognizes the system of civil (personal), political, economic, social and cultural rights of the individual, which are contained in the Universal Declaration of Human Rights in international covenants on human rights and other international acts.

The second principle is implemented using, first of all, the following methods and means:

1. The state power is limited by the very rights and freedoms of a person, i.e. real implementation of the first principle. Human rights underlie the system of checks and balances, the legal regime of restriction for the state, thereby preventing the latter from excessive regulatory invasion of privacy.

"Individual rights all represent one common feature: they restrict the rights of the state. The state should refrain from interfering in certain areas, providing a certain scope for personal activity" (A. Esmen).

The state will never limit itself, no matter how perfect it may be. Power can only be limited by another power. The power of the state can be limited, first of all, by human rights, which are a kind of manifestation of the power of the individual, by the will of civil society, and constitute the main part of the law. Here it will be appropriate to reproduce the words of the German lawyer R. Iering, who noted: "Whoever defends his right, he defends the right in general within its narrow limits."

Only the awareness of the need for proactive behavior in the legal sphere, the enhancement of legal and political culture can become a real guarantee of the priority of human and civil rights as the highest value in relation to the rights of the state.

As any real athlete must daily maintain physical fitness and constantly confirm high results, so does society, every citizen must daily maintain his "legal form" of being, constantly fight for his own rights and interests, because the rule of law is more of a process, than the result.

It is not achieved automatically, once and for all. The level of legal life (light) must be systematically won back from criminals, lawlessness (the shadow component of legal life).

2. Among the law-limiting measures special place is occupied with the problem of separation of powers. Its main demand put forward by J. Locke and Sh.L. Montesquieu during the period of the struggle of the bourgeoisie against feudalism, was that in order to establish political freedom, ensure the rule of law and eliminate abuses of power by any social group, institution or individual, it is necessary to divide state power into legislative (elected by the people and designed to develop a strategy for the development of society by adopting laws), executive (appointed by a representative body of power and engaged in the implementation of these laws and operational and economic activities) and judicial (acting as a guarantor of the restoration of violated rights, fair punishment of the perpetrators).

Moreover, each of them, being an independent and mutually suppressing power, must carry out its functions through a special system of organs and in specific forms. The system of checks and balances established in the Constitution and laws is a set of legal restrictions in relation to a specific state power: legislative, executive, judicial.

With regard to the legislative branch, a rather tough legal procedure of the legislative process is used, which regulates its main stages, the procedure for its implementation: legislative initiative, discussion of a draft law, adoption of a law, its publication. In the system of counterbalances, the president of the country is called upon to play an important role, who has the right to apply a suspensive veto in case of hasty decisions of the legislator, and to call early elections if necessary.

The activities of the Constitutional Court can also be considered as legal, since it has the right to block anti-constitutional acts. The legislator in his actions is limited by the time frame, the very principles of law, the Constitution, other legal and democratic norms and institutions.

In relation to the executive branch, restrictions of departmental rule-making and delegated legislation are used. This can also include the certain terms of presidential power established in the law, a vote of no confidence in the government, impeachment, a ban on senior executives from being elected to legislative structures, and from engaging in commercial activities.

The judiciary also has its own right-limiting means, expressed in the Constitution, procedural legislation, in its guarantees, principles: the presumption of innocence, the right to defense, equality of citizens before the law and the court, publicity and adversarial nature of the process, disqualification of a judge, etc.

In addition, legal restrictions are recorded that prohibit the exercise of functions belonging to another body by law. The activities of state structures should be limited to their competence, which is based on the principle "only that which is directly permitted by law is allowed."

3. Federalism can also contribute to the limitation of state power. As a kind of state structure, the federation complements the horizontal division of power with its vertical division and thus becomes a means of limiting state power, a system of checks and balances. This creates a kind of "double security" for human and civil rights.

In real federal relations, various state structures and branches of government will control each other, reduce the likelihood of abuse and arbitrariness in relation to the individual.

At the same time, in the conditions of separatism, a falsely understood idea of ​​sovereignty, within the framework of unstable federal relations and national-state confusion, "double security" can easily turn into a "double danger" for individual freedom, when both the center and the subjects of the federation occur an "attack" on human rights.

4. The rule of law and its domination in public life act as a way of limiting political power. In a state governed by the rule of law, a law adopted by the supreme body of power in strict observance of all constitutional procedures cannot be canceled, changed or suspended by acts of the executive power.

The law is adopted either by the people themselves or by deputies who are representatives of the entire people and express public interests, respectively, in contrast to instructions and orders issued by ministries and departments in their narrow-branch or even corporate interests. Therefore, in the event of a discrepancy between departmental orders and the law, the law must operate.

5. The mutual responsibility of the state and the individual is also a way of limiting political power. Even I. Kant formulated this idea: every citizen should have the same possibility of coercion in relation to the ruling authority to the exact and unconditional execution of the law, as the ruling authority in his relation to the citizen.

In a state governed by the rule of law, the individual and the ruling subject (as a representative of the state) must act as equal partners who have concluded a kind of agreement on mutual cooperation and mutual responsibility.

This method of limiting political power expresses moral and legal principles in the relationship between the state as the bearer of power and the individual as a participant in its implementation. Establishing freedom of society and the individual in a legislative form, the state itself is not free from restrictions in its own decisions and actions.

Through the law, it must assume obligations to ensure justice and equality in its relations with a citizen, public organizations, and other states (V.N. Kudryavtsev, E.A. Lukasheva).

Obeying the law, state bodies cannot violate its instructions and are responsible for violations or non-fulfillment of these obligations. The obligation of the law for state power is ensured by a system of guarantees that exclude administrative arbitrariness.

These include:

A) the responsibility of the government to the representative bodies;
b) disciplinary, civil or criminal liability of state officials at any level for violation of the rights and freedoms of specific individuals, abuse of power, abuse of office, etc .;
c) impeachment, etc.

The forms of public control over the fulfillment of the obligations of state structures could be referendums, reports of deputies to voters, etc. The responsibility of the individual to the state is built on the same legal basis. The use of state coercion should be of a legal nature, not violate measures of personal freedom, and correspond to the severity of the offense.

Thus, the relationship between the state and the individual should be based on mutual responsibility.

The named methods and means of limiting state power can be considered in the form of independent principles, one way or another developing and concretizing the second basic principle - consistent binding with the help of the law of state power.

In addition to the two main principles, other principles can be distinguished, which to one degree or another follow from the above and create a providing background for them. This is - high level legal awareness and legal culture in society; the presence of civil society and its control over the implementation of laws by all subjects of law, etc.

The idea of ​​the rule of law is the idea of ​​mutual management of civil society and the state, which implies the destruction of the state's monopoly on power with a simultaneous change in the relationship between the freedom of the state and society in favor of the latter and the individual.

With all the diversity of the principles of the rule of law, two of them still remain the main, determining ones, which must be considered in conjunction, because both of them express two sides of the essence of the rule of law.

If we analyze the first (social, showing the attractiveness, value of the idea of ​​legal statehood, its end in itself) without the second (formal legal, embodying the means of achieving these ideals), then it is not clear how to achieve the fullest possible provision of human rights and freedoms. If, on the contrary, only the formal legal aspect is taken as a basis, then it becomes not entirely clear in the name of what and for whom it is necessary to limit state power by means of law.

After all, such a limitation is not an end in itself. It can be so limited that the state will not fully fulfill any of its functions. And then civil society will gain nothing from this, but, on the contrary, will only lose.

In a state governed by the rule of law, law (as a formal system) can in some cases act as an inhibiting factor (obstacle, hindrance) to socially valuable actions of the state, which sometimes does not allow to quickly achieve certain positive goals, even by very specious means.

For example, dividing power and creating numerous restrictions for it, we thereby objectively link its activity, initiative, maneuverability, "implicated", including on good intentions, on public interests, we assume difficult searches for agreement, making compromise decisions. In other words, not only "bad deeds" of the state, but also "good" ones, fall into the network of legal restrictions.

However, these are probably those flaws of the idea that are a continuation of its merits. This is an inevitable evil, with which society is forced to pay for such a life arrangement. Comparing it with the evil inflicted on society and individuals by a state that is not limited by law, let us give preference to the former. In this matter, we will follow the ancient wisdom, which recommends choosing the lesser of two evils.

The idea of ​​a legal state is in some way universal in nature in the sense that it is practically inherent in the political and legal ideology of civilizations of all peoples participating in the world historical process.

So, the principles of a legal state that distinguish it from a non-legal state are:

The most complete provision of human and civil rights and freedoms;
the most consistent binding with the help of the law of political power, the formation of a regime of legal restriction for state structures;
separation of powers into legislative, executive and judicial;
federalism;
law supremacy;
mutual responsibility of the state and the individual;
a high level of legal awareness and legal culture in society;
the presence of civil society and its control over the implementation of laws by all subjects of law, etc.

Principles of constitutional justice

The Constitution of the Russian Federation, establishing the judicial system of the Russian Federation, states that the judicial power is exercised through constitutional, civil, administrative and criminal proceedings.

The Constitutional Court is one of the highest federal bodies of judicial power and is a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings. Judicial constitutional review is a very important element of the system of separation of powers. In Russia, the Constitutional Court was established 10 years ago by the decision of the Congress people's deputies Russian Federation. This was the beginning of the formation of constitutional justice in the Russian Federation. The formation procedure and the competence of this judicial body were regulated by the Law of the Russian Federation on the Constitutional Court. In connection with the adoption of the Constitution of the Russian Federation, which established new provisions for the organization and foundations of the powers of the Constitutional Court (Article 125), the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" was adopted.

The Constitutional Court of the Russian Federation includes 19 judges appointed by the Federation Council by secret ballot on the proposal of the President of the Russian Federation. The person who receives the majority of votes from the total number of members of the Federation Council is considered to be appointed to the position of judge.

The powers of the Constitutional Court are established only by the Constitution, federal laws and treaties.

The Law on the Constitutional Court does not provide for the possibility of applying in constitutional proceedings the norms of civil procedural, arbitration procedural, administrative procedural and criminal procedural legislation. According to Art. 118 of the Constitution, constitutional legal proceedings are independent along with other types of legal proceedings.

The basic rules of constitutional proceedings are regulated on the basis of the Constitution by the Federal Constitutional Law on the Constitutional Court. At the same time, it is important to comply with the measure of such regulation. The problem arises of the relationship between legislative regulation and the independence of the Constitutional Court in regulating its internal activities through the Regulations. The originality of the Constitutional Court, the nature of the cases it considers, sometimes unique in their subject matter, the finality of its decisions, the inability to foresee all situations that may arise in the course of constitutional proceedings, objectively predetermine the fact that the procedure, issues of the internal activities of the Constitutional Court should not be detailed regulated at the legislative level, rigidly binding the Constitutional Court. He should have the right, based on practice, to independently determine the rules of his internal activity.

Part 4 of Art. 3 on the Constitutional Court give him such a right, establishing that on issues of its internal activities the Constitutional Court adopts the Rules of the Constitutional Court (Article 28 of the Law specifies the subject of the Rules).

Constitutional legal proceedings are one of the types of legal proceedings. In Art. 118 part 2 of the Constitution of the Russian Federation says: "the judicial power is exercised through constitutional, civil, administrative and criminal proceedings."

The principles of constitutional proceedings are the general constitutional principles of the administration of justice and the principles of constitutional proceedings (they are given in chapter 4 of the Law on the Constitutional Court):

Independence

According to this principle, judges of the Constitutional Court of the Russian Federation are independent and are guided in the exercise of their powers only by the Constitution of the Russian Federation and the Federal Constitutional Law "On the Constitutional Court of the Russian Federation."

In their activities, judges of the Constitutional Court do not represent any state or public bodies, political parties and movements, state, public and other enterprises, institutions and organizations, officials, state and territorial entities, nations, social groups. Decisions and other acts of the Constitutional Court must express the legal position of judges in accordance with the Constitution of the Russian Federation, free from political bias.

The judges of the Constitutional Court make decisions in conditions that exclude outside influence on the freedom of expression of their will. They have no right to request or receive instructions from anyone on issues accepted for preliminary study or considered by the Constitutional Court of the Russian Federation.

Any interference in the activities of the Constitutional Court of the Russian Federation is not allowed and entails liability provided for by law.

Collegiality

Consideration of cases and issues and decision-making on them are carried out by the Constitutional Court of the Russian Federation collectively. The decision is made only by those judges who participated in the consideration of the case in the court session. According to Art. 72 of the Law "On the Constitutional Court of the Russian Federation" the decision of the Constitutional Court of the Russian Federation is adopted by an open vote by a roll-call poll of judges. In all cases, the presiding judge shall vote last. The decision of the Constitutional Court of the Russian Federation is considered adopted provided that the majority of the judges who participated in the voting voted for it, unless otherwise provided by law.

Publicity

Cases are considered in court in an open manner. According to Article 55 of the Law "On the Constitutional Court of the Russian Federation", closed sessions are held when it is necessary to preserve secrets protected by law, ensure the safety of citizens, and protect public morals (ie, in cases specifically provided for by the Law). Decisions taken in open and closed sessions are announced publicly.

Oral proceedings

The proceedings in the sessions of the Constitutional Court of the Russian Federation are carried out orally. During the consideration of cases, the Constitutional Court of the Russian Federation hears the explanations of the parties, the testimony of experts and witnesses, and announces the available documents.

At the session of the Constitutional Court of the Russian Federation, documents that were presented to the judges and the parties for acquaintance or the content of which was stated in the session on this case may not be announced.

Continuity of the trial

The session of the Constitutional Court of the Russian Federation on each case takes place continuously, with the exception of the time allotted for rest or necessary to prepare the participants in the process for further proceedings, as well as to eliminate the circumstances that impede the normal course of the session.

The Constitutional Court of the Russian Federation, until a decision is made on a case being considered in a plenary session, or until its hearing is postponed, may not consider other cases in a plenary session.

The same provision applies to cases before the Chamber.

Before a decision is made on a case considered in a plenary session of the Constitutional Court of the Russian Federation, it is possible to consider other cases in sessions of the chambers. Before a decision is made on a case considered in a session of the chamber, it is possible to consider other cases in a plenary session.

Competitiveness and equality of the parties

The meaning of the principle is that the parties should enjoy equal rights and opportunities to defend their position on the basis of competition in the sessions of the Constitutional Court of the Russian Federation. This principle is also reflected in Art. 123 of the Constitution of the Russian Federation.

The provision on the equality of the parties is specified in Art. 53 of the Law "On the Constitutional Court of the Russian Federation", according to which the parties have equal procedural rights. The parties and their representatives have the right to familiarize themselves with the case materials, state their position on the case, ask questions to other participants in the process, and file petitions, including the disqualification of the judge. A party may submit written responses to the appeal, subject to attachment to the case materials, and get acquainted with the responses of the other party.

Constitutional principles of activity

The basic principles that determine the structure, methods of organization, methods of activity of the judiciary are enshrined in the Constitution of the Russian Federation:

1. The principle of legality (Article 15 of the Constitution). It means that all bodies, public organizations, officials and citizens, without exception, must strictly and rigorously observe the laws and legal acts based on them. Legality extends not only to legislation, but also to the application of law and its use.

The most important elements of legality are the presence of sound legislation, constitutional consolidation of the rule of law, the existence of a single legislative body, mandatory stages of the legislative process, as well as granting the right to interpret the law only to the highest bodies of the state. The second element of legality is respect, execution, observance of laws and other legal acts by all state bodies,

Officials, organizations, as well as citizens. The activities of the judiciary are subordinated to these goals, and they are called upon to serve the establishment of the principles of legality in lawmaking and law enforcement.

At the same time, legality is not only the principle of the activity of the court itself, but also the goal of the trial, since the court is faced with the task of restoring and strengthening the violated legality. Carrying out justice in accordance with the law, the court makes a well-grounded and legal verdict (decision), thereby protecting the rights of citizens. The court must prevent, eliminate violations of the law by the participants in the proceedings, other bodies and persons.

2. The principle of publicity (part 1 of article 123 of the Constitution). Glasnost is a procedure established by law for the consideration of cases in courts, in which court sessions are held openly, everyone is given a real and equal opportunity to be present in the courtroom, follow the course of proceedings and keep the necessary records, and representatives of the media (press, radio, television) - to record everything that happens for a wider publication of the content and results of the trial. At the same time, the principle of publicity means not only free access to the court, but also the openness of the very judicial discussion of issues.

In proclaiming publicity, the legislator outlined its limits, allowing for the possibility of holding closed hearings in cases strictly limited by law. Hearing of cases in closed session is carried out in compliance with all the rules of court proceedings, and the verdict and decision of the court in any case are announced publicly.

3. The principle of independence (Article 120 of the Constitution). True independence of the judiciary is an ideal, the pursuit of which is imbued with all judicial reforms. The principle of independence means the empowerment of judges with full power to consider and resolve cases related to the administration of justice. Only an independent and impartial court is able to make an objective decision.

The independence of judges determines their subordination only to the Constitution and the law. Jurors, people's assessors, arbitration assessors, with whose participation cases are considered in the courts of first instance, are also independent in administering justice and are subject only to the law. However, the norm fixing the principle of independence is addressed, in addition to judges, to authorities, organizations, officials and citizens.

The law prohibits influencing judges, imposing certain decisions on them, substituting for the judicial authorities with any other state bodies. In turn, judges are obliged to resist all outside influences, no matter who they come from. Others may result in liability under the law.

The norms that have established an unlimited term of office of judges, their irremovability and inviolability also serve to translate the principle of independence into practice.

4. The principle of administering justice on the basis of equality of all before the law and the court, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations (Article 19 of the Constitution). The equality of all before the law and the courts is guaranteed by a unified judicial system and unified law.

In addition, the Constitution establishes that legal proceedings are carried out on the basis of oral and open proceedings, equality of all before the law and the court, adversarial nature of the parties, with the right to use the institution of jurors in cases provided for by law.

These principles play an important role in the development of legislation on the judicial system of Russia, in the implementation of tasks to ensure the rule of law, to protect the rights and freedoms of man and citizen.

Constitutional principles of justice

The central place in the system of powers of the judiciary is justice. This is due, first of all, to the fact that the administration of justice is closely related to the realization of the rights of citizens, the protection of the interests of the state and its bodies.

Justice is a constitutionally enshrined special form of state activity in the sphere of the exercise of judicial power, expressed in the procedural activity of courts to consider civil, criminal, administrative cases with the use of state coercion based on the law.

Justice from a moral point of view is law-based justice. That is why it is very important in the administration of justice to identify all the essential circumstances of the case, to apply the law without error, while making a fair decision. If the court deviates from this order, then lawlessness, arbitrariness occurs. The Constitution of the Russian Federation, having consolidated the basic principles of justice, provides guarantees for the legality and fairness of justice in our country.

The judicial power in Russia belongs only to the judicial authorities. According to the Constitution of the Russian Federation (part 2 of article 118), the judicial power in the Russian Federation is exercised through four types of legal proceedings: constitutional, civil, administrative and criminal. Each of these types has its own set of legal procedural rules enshrined in codes and laws (Code of Criminal Procedure, Code of Civil Procedure, Arbitration Procedure Code, etc.).

All these types of legal proceedings are carried out in accordance with the general principles of justice, enshrined in law in the Constitution of the Russian Federation and other constitutional laws.

For a deep understanding of the principles of organization and activity of the judiciary, the question of their classification is essential. There are various classifications of principles. Distinguish between general (constitutional) and sectoral principles of justice. Often, the principles of the judicial system and legal proceedings (civil and criminal proceedings) are highlighted. The principles of justice are also subdivided into organizational and functional. At the same time, there is a fairly well-founded opinion that all the most important principles of organization and activity of the judiciary have constitutional content, formed in accordance with the world humanistic and democratic jurisprudence, meet international legal standards.

The constitutional principles of justice can be defined as constitutional provisions on the organization and functioning of the judiciary, reflecting the democratic nature of justice. The principles of justice reproduce the level of legal consciousness in society.

All principles are interconnected and conditional, constituting a system of constitutional principles of justice.

This system includes the following principles:

1. Legality (Art. 15 of the Constitution of the Russian Federation) - the unconditional implementation of the Constitution of the Russian Federation, laws and other regulations by all state bodies, including courts, officials and citizens. Legality as strict and unswerving adherence to the law, obedience only to the law is basic principle functioning of the judiciary. For justice, this principle is of particular importance, since it is this type of state activity that is closely related to the strict observance of the requirements of the law - both material and procedural. Legality presupposes, first of all, compliance with the norms of positive law. In this case, an important condition is the circumstance in which the norms of positive law corresponded to the principles of natural law.

2. The administration of justice only by the court (Article 118 of the Constitution of the Russian Federation) means the prerogative of the court on behalf of the state to administer justice. This principle is aimed at severely limiting the bodies carrying out judicial proceedings. Comrade courts, religious courts, courts of officer honor and other (except for those specified in the Constitution of the Russian Federation) organizations of the judiciary are excluded from such bodies. An important guarantee of this principle is the inadmissibility of the creation of any extraordinary courts.

The exclusive right of the court to administer justice proceeds from the fact that the activity of the court proceeds in a special legal order, which creates such advantages in the consideration and resolution of cases that no other form of state activity has at its disposal. This procedure contains the greatest guarantees for the delivery of a lawful and fair decision in the case.

No other body of state power has the right to arrogate to itself the authority to consider civil, criminal, administrative cases, while applying state coercion on behalf of the Russian Federation.

This principle permeates all judicial instances. It defines a legal regime in which the cancellation or amendment of court decisions is allowed only by a higher court, and not by any other higher state body. This demonstrates not only the exclusiveness, but also the completeness of the judicial power: court decisions that have entered into legal force are binding on everyone, including the highest legislative and executive bodies of Russia.

3. Independence of judges (Article 120 of the Constitution of the Russian Federation). The essence of this principle is to provide judges and lay assessors with such conditions under which they could make responsible decisions without any outside influence from the outside.

The guarantees of the independence of judges are the procedure for administering justice provided for by law, the prohibition of interference in the activities of justice by any bodies and officials, the immunity of judges and assessors, material support of judges at the expense of the federal budget, etc.

There are external (objective) and internal (subjective) aspects of the independence of judges:

A) judges are not representatives of the interests of any state or social structures. A judge does not have the right to hold any state or public office, belong to political parties or movements. A judge has no obligation to those who nominated him for the office of judge, presented him as a candidate or appointed him. A judge has the right and is obliged to defend his personal position in legal proceedings;
b) no one has the right to interfere with the activities of judges, give them any instructions on the issues studied or considered by the court. The judges themselves cannot not only request such instructions, but also receive them - the judge is obliged to reject them;
c) the conditions under which decisions are made and sentences are passed exclude the possibility of influencing judges both from outside and inside the jury. This is ensured by the equality of the rights of judges, their right to express their opinion, to speak out during the conference of judges, the procedure for voting and the secrecy of the conference of judges;
d) the inner side of judicial independence presupposes a subjectively independent inner position: acting in a personal capacity, a judge expresses only his opinion, his position must be exclusively legal, since a judge cannot make any decisions, submitting to outside influence, as well as being guided by political predilections ...

4. Irremovability of judges (Article 121 of the Constitution of the Russian Federation) is one of the main guarantees of their independence from the legislative and executive authorities. Irremovability of judges means that after a judge has been empowered in the manner prescribed by law, the validity of a judge's powers in the Russian Federation is not limited to a certain period.

However, the irremovability of judges is ensured by legislation within various time limits: life-long appointment - for judges of general and commercial courts, appointment of federal judges for the first time (with the exception of judges of higher courts) for a period of three years, election of justices of the peace for five years. The independence of judges means the permanent retention of the position by a judge, the change of which can take place only with the consent of the judge. Suspension or termination of the powers of a judge can only take place in cases established by law.

The principle of the irremovability of judges guarantees the independence of the courts from the political situation in the country and the change of leadership at the local level.

5. Immunity of judges (Article 122 of the Constitution of the Russian Federation). Like deputies, judges cannot be detained, arrested, or searched, except in cases of detention directly at the crime scene. The decision on the issue of initiating a criminal case against a judge or on involving him as an accused in another criminal case is made by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation with the consent of the qualification collegium of judges of the corresponding subject of the Russian Federation.

In addition to immunity, judges should be able to reach a decision without fear of retaliation from either side. Judicial inviolability is not a personal privilege of a certain citizen holding the office of a judge, but a means of protecting the public interests of justice.

Legal immunity sometimes means the impossibility of bringing judges to justice. Therefore, firstly, it is necessary to limit the legal immunity of judges - it should apply only to their official activities, they should be responsible for their actions in private life, like any other citizens. Secondly, it is necessary to improve the procedure for bringing judges to justice.

6. The publicity of the trial (Art. 123 of the Constitution of the Russian Federation) is a form of public control over the work of the judiciary. Cases are considered in the presence of everyone, with the exception of special categories of cases, which are considered in a closed court session.

The openness of judicial consideration ensures the general preventive educational impact of justice on citizens. Such an impact can only have an exemplary process that demonstrates the objectivity and impartiality of the court, strict adherence to procedural requirements, equal and respectful attitude towards the bodies and persons involved in the case, professionalism of judges, high general and legal culture.

7. Competitiveness and equality of the parties (Articles 19, 123 of the Constitution of the Russian Federation). The parties in the court session have equal procedural rights to defend their positions before the court. The implementation of the adversarial principle is guaranteed by the observance by the court and the parties of a number of procedural rules that create favorable conditions for finding the truth and passing a fair decision or sentence. Unlike the parties, the court in the adversarial process should not be the initiator of the proceedings and only resolve the issues that may be put before it by the authorized subjects.

Equality of parties in all types of legal proceedings is based on the recognition of the equality of all before the court. All cases are considered in the same procedural order, regardless of the composition and category of participants in the process. Equality of the parties is also ensured by the fact that no court can create any advantages or restrictions for one of the parties. The procedural position of the parties is not reflected whether she represents her personal interests or the interests of the state or other persons.

Equal opportunities for the parties are also ensured by the equal legal status of all other participants in the process acting in the same procedural roles: witnesses, translators, experts. After all, for the court it does not matter from which side these participants in the process are involved, and relations with them are built on absolutely equal terms.

8. Orality of court proceedings - during the consideration of cases, the court must hear the testimony of the parties, experts and witnesses, read out the available documents. In the courts of general jurisdiction, the principle of orality is strictly observed, since this is associated with the need to provide judges and participants in the process with a direct perception of information about the facts and circumstances of the case in question.

In the higher courts, when checking the decisions already made by the courts, it is allowed to evaluate the case materials without publicizing them, since the factual circumstances of the case are not established, and the decision is based on the case materials presented, with which the participants in the process are already familiar.

9. Participation of citizens in the administration of justice (Article 32 of the Constitution of the Russian Federation). Such participation is most often expressed in the involvement of citizens as jurors or arbitration assessors. Although the participation of citizens in the administration of justice takes place in various forms, it is subordinated to a single goal - to involve the people in the exercise of power, including the judiciary.

The purpose of the institute of judges (jury, arbitration) is as follows: first, they make the judiciary more transparent, less caste; secondly, judgments passed (adopted) with the participation of assessors are more stable: not only professional judges, they are less susceptible to accusations of court bias.

Taken together, the principles form the framework that underpins all specific statutory prescriptions governing justice. This is the result of the practice of developing and improving justice in Russia, which is reflected in the norms of the Constitution of the Russian Federation.

System of constitutional principles

Consideration of justice as a form of state activity in the system of elements of the judiciary suggests the need to analyze its principles, primarily constitutional.

The scientific literature on constitutional law lists the constitutional principles of justice.

However, until now the definition of this principle has not been given, the correlation of the constitutional principles of justice with other legal principles has not been revealed, there is no analysis of their legal nature. There is no systematic analysis of the constitutional principles of justice. In this work, we strive to bridge these gaps.

Constitutional principles of justice are a variety of principles of law. The principles of law are the basic, generally binding, initial normative provisions that consolidate the objective laws of social life. The principles of law are the key ideas of law that express its essence. Principles are an objective property of law, which express the qualities that are organically inherent in it.

In the theory of law, legal principles are classified, as a rule, into general legal, intersectoral and sectoral. Some authors additionally highlight the principles of individual legal institutions. If we turn to constitutional principles, then among them we can single out general legal ones. For example, the principles of humanism, equality of citizens before the law, democracy and legality, enshrined in Articles 1,2,15,17,19 of the Constitution of the Russian Federation. The Constitution of the Russian Federation also enshrines cross-sectoral principles. For example, clause 2 of article 49 of the Constitution of the Russian Federation enshrines the principle of the presumption of innocence, which is a principle of constitutional and criminal procedural law. Finally, constitutional law also enshrines intra-sectoral principles.

For example, article 56 of the Constitution of the Russian Federation, which formulates the principles associated with the introduction of a state of emergency in the country. What kind of principles of law are constitutional, principles of justice? In our opinion, the constitutional principles of justice are cross-sectoral principles. In particular, the principle of administering justice only by the court is a principle of constitutional, criminal procedure, civil procedure law. The same can be said for all other constitutional principles of justice. The only exception is the principle formulated in Art. 124 of the Constitution of the Russian Federation, in accordance with which the financing of courts is made only from the federal budget. This principle is the principle of constitutional and financial law.

The constitutional foundations (principles) of justice are general guidelines, initial provisions that determine the most significant aspects of this type of state activity.

These principles are fundamental for the solution of all issues of organization and administration of justice, determining the role and place in the state mechanism and the political system of society.

They are the basis for all legal regulations governing the organization and operation of justice.

In the literature on constitutional law, various authors ambiguously disclose the system of these principles. Thus, the authors of the monograph "Comparative Constitutional Law", analyzing the constitutional principles of justice in the countries of the world, note that the following principles are called in all modern constitutions: the proclamation of the independence of the judiciary (courts, judges) and the creation of appropriate constitutional guarantees of independence, the administration of justice only by proper , ordinary) judges and proper courts; the existence of a constitutional prohibition on the establishment of extraordinary or special courts; publicity (publicity, openness and accessibility) of court hearings; motivation of judicial actions (including decisions).

Constitutional principles of organization

The judiciary is one of the three branches of government. The main direction of its activity is the consideration of disputes of legal significance.

The judicial branch, in contrast to the legislative and executive branches, is characterized by:

1) decentralization - carried out by a complex of courts from grassroots to central. The totality of all ships this state is called justice, and the totality of issues of their competence is called jurisdiction;
2) does not create normative legal acts, but applies the law;
3) justice is administered by the courts in accordance with the norms of procedural law that guarantee the observance of human rights and contribute to the establishment of the truth in each specific case;
4) through judicial activity, the rule of law and the rule of the constitution are ensured.

Constitutions regulate the status of the judiciary, usually in separate chapters or sections. Thus, the Basic Law of the Federal Republic of Germany contains Section IX "Justice", the Constitution of Portugal - Section V "Courts", etc. They establish the foundations of the judicial system, the principles of organization and operation of courts, less often - the foundations of the status of the highest judicial and judicial bodies, the prosecutor's office and other bodies promoting the exercise of the judiciary.

The constitutional principles of the judiciary can be conditionally subdivided into two groups: the principles of the organization of the judicial system and the principles of the courts, in other words, the principles of the judiciary and legal proceedings.

The most important principles of the judicial system include:

1. The independence of judges and their subordination only to the law. The guarantees of independence are the irremovability of judges, the inadmissibility of reducing pay and funding, their immunity, etc.

2. The exclusivity of courts as bodies administering justice means that justice can only be administered by a court. The creation of extraordinary courts is not allowed. Many democratic constitutions prohibit the establishment of emergency courts. For example, according to Art. 102 of the Italian Constitution of 1947 “the posts of extraordinary or special judges cannot be established”.

3. Administration of justice on behalf of the people and with the participation of the population. This principle assumes that the courts make their decisions in the name of their state. In addition, most cases are reviewed with the participation of citizens who are not professional judges. Participation in the administration of justice by citizens of a country can be carried out in two main forms: as a jury (the jury determines the nature of the sentence, and the judge determines the measure and type of punishment if the jury delivers a guilty verdict) and as people's assessors (sheffens, people's judges, who are equal with a professional judge).

The jury trial originated in England and became widespread in countries such as Australia, Austria, Belgium, Latvia, Lithuania, Spain, Canada, USA, Switzerland, etc. The Scheffen court originated in Germany and became widespread in Bulgaria, Hungary, Italy, Poland , Slovakia, France, Czech Republic, etc.

4. The legislation establishes the collegiality of the consideration of cases in court. The collegiality principle means that the most important legal disputes are heard with the participation of several professional judges, lay judges or jurors. However, in cases provided for by law, justice is administered solely by judges.

5. Possibility of appealing court decisions to higher authorities. Such an appeal can be of an appeal and cassation nature. In both cases, only court rulings that have not entered into force can be appealed. The decisions that have entered into force are subject to emergency appeals. In Anglo-Saxon countries, an appeal is used, and in European countries, there is usually an appellate appeal procedure in the second instance and a cassation procedure in the third instance.

6. Bindingness of the rendered judgments throughout the territory of the state.

The second group of principles of the judicial system are principles concerning the procedure of the courts, or principles of judicial procedure.

These include:

1. Publicity of court proceedings means publicity and openness of court hearings. Only in exceptional cases can the process be declared closed to everyone except the participants in the process;
2. The constitutionality of court decisions means the inadmissibility of the application of legal norms that are contrary to the constitution when considering a case;
3. The connection of judges only by law requires that when making a decision, the court refers primarily to the law, and if the law is contrary to any by-law, the decision must be made in accordance with the law;
4. Competitiveness and equality of the parties, that is, ensuring equal opportunities for plaintiffs and defendants, accused and victims to substantiate their position;
5. Oral and face-to-face nature of legal proceedings as the conditions that create the best opportunities for establishing the truth.

The listed principles in different volumes and in different forms are reflected in the constitutions of foreign countries.

Constitutional principle of separation of powers

Whatever the different versions of the mechanism of action of the principle of separation of powers, the theory basically determines its following content - the legislative power has supremacy, since it establishes the legal principles of state and public life, the main directions of both domestic and foreign policy of the country, and, consequently, in ultimately, determines the legal organization and forms of activity of the executive and judicial authorities. Its dominant position in the mechanism of the rule of law determines the supreme legal force of the laws adopted by them, and also gives the norms of law expressed in them to a generally binding character. At the same time, the supremacy of the legislative power is not absolute, since the limits of its action are limited by the principles of law, as well as by natural human rights, the ideas of freedom and justice. This power is under the control of the people and special constitutional bodies that ensure the compliance of the adopted laws with the norms of the constitution.

Another branch of government is the executive, which is directly involved in the implementation of legal norms adopted by the legislator. The activities of this branch of government are founded and carried out within the framework of the law. Both the executive bodies in general and state officials in particular are not endowed with the right to issue generally binding acts that would establish new rights and obligations of citizens that are not provided for by law. The executive branch has a legal character only when it is a subordinate power acting on the basis of legality. Containment of the executive power is also achieved through its accountability and responsibility to the representative bodies of state power. Every citizen in a state governed by the rule of law can appeal against any illegal actions of executive authorities and officials in court.

Finally, the judiciary is called upon to protect the law, the legal foundations of both state and public life from any violations, regardless of whoever commits them. In a state governed by the rule of law, justice is carried out only by the judicial authorities, and no one can appropriate the functions of a court for himself. The court, in its law enforcement activities, is guided only by the law and does not depend on the subjective influence of the legislative and executive authorities.

The most important guarantees of the rights and freedoms of citizens, as well as legal statehood in general, are the independence and legality of justice. On the one hand, the court cannot arrogate to itself the functions of legislative or executive power; on the other hand, its most important task is organizational and legal control over the normative acts of these authorities.

Thus, the judiciary acts as a kind of deterrent, preventing the violation of legal provisions, and, first of all, constitutional ones, both on the part of the legislative and executive bodies of state power, which ensures a real separation of powers.

The division of a single state power into three relatively independent and independent branches prevents possible abuse of power and the emergence of totalitarian government, which is not bound by law. Each of these authorities in the general system of state power takes its place and performs only its own tasks and functions.

It should be noted that the principle of separation of powers is one of the principles of the rule of law and can effectively operate only with the principles inherent in the rule of law, the most important of which are: the principle of legality, mutual responsibility of the state and the individual, the reality of individual rights.

With the separation of powers, the executive, legislative and judicial institutions, being independent from each other within their competence, mutually control each other and prevent the concentration of power in the hands of representatives of one of its branches, which is dangerous for democratic processes. The executive institutions are obliged to one way or another to coordinate their actions with the legislative institutions. At the same time, at the early stages of the development of legal acts, parliaments agree on their content with government authorities.

It is typical for presidential republics that the head of state can veto or demand revision of legislative acts. Parliament, in turn, is able to slow down or even cancel some decisions of the executive branch.

In a state governed by the rule of law, significant functions fall to the lot of the judiciary. Without a full-fledged and independent judiciary, neither the separation of powers, nor the existence of the rule of law itself is impossible. In developed countries, supervision over the observance of the constitution, the compliance with it of acts of legislative and executive power is assigned either to a specially created body, or to an organizationally separate independent judicial institution.

Thus, independent branches of government can restrain, balance, as well as control each other, preventing violations of the Constitution and laws, this is the so-called "System of checks and balances".

Summing up, it is mono to say that the principle of separation of powers can be inherent only in a democratic state, but for the actual implementation of this principle, a sufficient degree of development of productive forces and relations, as well as the level of political consciousness in society, are required.

Power in the Russian Federation is exercised by the people either directly, the highest expression of which is a referendum and free elections, or through the bodies of state power and self-government. The Constitution, by public authorities at the federal level, determined - the President of the Russian Federation, the Federal Assembly (Federation Council and State Duma) of the Russian Federation, the Government of the Russian Federation and the courts of the Russian Federation.

The bodies of state power of the Russian Federation build their activities on the principles that form the foundations of the constitutional system of Russia.

The state has assumed the responsibility of protecting human rights and freedoms, and in order to exclude unlawful usurpation of power and trampling on the rights and freedoms protected by the state, the principle of separation of powers has been constitutionally established.

The bearer of legislative and executive power in the Russian Federation is the Federal Assembly.

Legislature. The Parliament of the Russian Federation - the Federal Assembly - consists of two chambers. These are the State Duma, whose deputies are elected by the population of the country through universal, equal and direct elections (450 deputies), and the Federation Council, which includes two representatives from each constituent entity of the Russian Federation (one from the representative and executive bodies of state power deputies) 12. Since the State Duma is the body of national representation, it is this chamber that is entrusted with control over the activities of the Government and has the right to express a vote of no confidence.

The State Duma is the legislative body of the country. State Duma deputies work on a professional basis. Deputies of the Federal Assembly have immunity during the entire deputy term. The Federal Assembly is a permanent body.

In Art. 102 and 103 of the Constitution list the main areas of activity of the Federal Assembly. These articles manifest the principle of checks and balances on the president and the government. So, for example, without the consent of the Federal Assembly, senior judges, Prime Minister, etc. cannot be appointed to their positions.

The Federal Assembly considers all issues related to the main economic activities of the government: the federal budget; federal tax collection, etc.

All these powers of the Federal Assembly are aimed at preventing excessive strengthening of the executive branch and the President.

Executive power. "The executive power of the Russian Federation is exercised by the Government of the Russian Federation," says Article 110, Clause 1 of the Constitution of the Russian Federation. The executive branch also includes the Ministries of the Russian Federation, Federal Services of the Russian Federation, Committees of the Russian Federation, etc.

The Prime Minister of the Russian Federation is appointed by the President of Russia with the consent of the Duma. This principle is an example of the manifestation of the principle of checks and balances, since when appointing, the President will have to reckon with the parliamentary majority. The Prime Minister proposes candidates to the President for the positions of his deputies and federal ministers.

The government of the Russian Federation has broad powers to implement the domestic and foreign policy of the state. Article 114 of the Constitution of the Russian Federation lists the powers of the Government.

The Government of the Russian Federation is developing the state budget, carrying out financial, social and economic policies. Carries out measures to defend the country and protect the rights of the population.

The mechanism of parliamentary responsibility of the Government is described in the Russian Constitution in general terms. It needs to be detailed in special legislation. It is clear, however, that the institution of responsibility is a double-edged weapon. It can be used both by the Duma, refusing to trust the government, and by the executive branch, by threatening to resort to early elections.

Strong executive power is needed in Russia. But a mechanism of mutual checks and balances is also needed. One of such really operating mechanisms in the near future may be the institution of annual accountability of the Government of Russia to the State Duma based on the results of activities and on issues raised directly by the Parliament, if the Message of the current President (V.V. Putin) is implemented. But so far no amendments have been made to the Constitution of the Russian Federation, so it is too early to talk about it. Many people call the executive branch the dominant power in the system of state bodies. But this tendency of the state and legal development of Russia can be traced quite clearly. It is also in line with the general tendencies to strengthen executive power around the world.

Judicial branch. Unfortunately, the judiciary remains a weak spot in Russia. The principles of the judiciary and the judiciary are hard to implement. And in this case, there is opposition and pressure from other branches of government. Despite the proclaimed legal and social guarantees of a judge, such as irremovability, immunity, independence, etc. they very often cannot be fully provided due to the lack of a technical and material base (for example, the law on the status of judges, which says about the provision of a judge within six months of free housing, very often cannot be implemented due to the lack of such).

According to the Constitution of the Russian Federation, the judiciary is two-tier. The highest judicial bodies are the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation.

The Supreme Court is the highest judicial body in civil, criminal, administrative and other cases (Art. 126).

The Constitutional Court is called upon to exercise control over all state bodies in the Russian Federation. On compliance with the Constitution of the issued normative acts, concluded international treaties. Also, the Constitutional Court resolves disputes between federal bodies of state power of Russia and bodies of state power of the constituent entities of the Russian Federation (Article 125).

In connection with the admission of Russia to the Council of Europe, the jurisdiction of the European Court began to extend to the territory of Russia. It is now the highest judicial body for Russia and its citizens.

The president. In the system of public authorities, the President of the Russian Federation occupies a special place. In accordance with the system of separation of powers, the President is not included in any of the branches of power - neither in the legislative, nor in the executive, and even less so in the judiciary.

As the head of state, as the supreme representative of the Russian Federation, the President of the Russian Federation represents its interests both within the country and in international relations. He is entrusted with the fulfillment of tasks that are related to the guarantee of the implementation of the Constitution, rights and freedoms, the protection of the sovereignty, independence and integrity of the state. In these conditions, he is endowed with the necessary powers and prerogatives. At the same time, the Constitution establishes that power in Russia is not exercised by the President, but by all branches of power, each of which acts within its competence and by methods peculiar to it. The President acts as a coordinator and must coordinate the actions of all authorities. At the same time, the President does not act as a directing authority, but together with other branches of government, accepting to one degree or another in each of them.

Thus, the Constitution of the Russian Federation enshrines the principle of separation of state power into legislative, executive and judicial, as well as the independence of the legislative, executive and judicial authorities.

The stability and efficiency of the rule of law is achieved through the balance of three branches of government: legislative, executive and judicial.

The separation of powers is the delineation of powers and spheres of activity between the main branches of state power while maintaining its integrity and unity.

Historically, the existence of the rule of law makes it necessary to use the system of separation of powers for the normal functioning of a democratic society. However, the ways of interpreting such a system are varied. Differences arise within the limits of empowering the legislative and executive bodies of power, in the ways and forms of their interaction, in the federal state structure. The independence of each of the branches of government is guaranteed by the Constitution of the Russian Federation, namely Art. 10, which says that “state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial; and at the same time the legislative, executive and judicial authorities are independent ”. The combination of all functions - judicial, legislative and executive power - in the sphere of activity of one body would lead to the establishment of a dictatorial political regime in the state. Therefore, the concept of separation of powers presupposes the existence of special methods of restraining independent branches of power. Such methods constitute a system of checks and balances of state power. This system allows, by granting each of the authorities their powers, enshrined at the constitutional level, to balance and balance them within a single system.

Each of the branches of government has its own ways of influencing (balancing) other branches of government. For example, the legislative branch (Federal Assembly) has the ability to influence the executive branch by raising the issue of no confidence in the Government (executive branch). In turn, the executive branch can influence the decisions of the legislative branch through the obligatory provision of opinions on bills that require the attraction of additional federal funds. The legislative power within the system is influenced by the President, who has the ability to dissolve the Government. The judiciary has the ability to influence the President, the legislature and the judiciary by resolving disputes between them and passing judgments on the legality of actions and legislative acts adopted by them.

As the head of state, the President of the Russian Federation does not belong to any of the three branches of government. Part 1 of Art. 80 of the Constitution of the Russian Federation proclaims the President the head of state. Part 2 of the named article establishes that the President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. In accordance with the established procedure, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, and ensures the coordinated functioning and interaction of government bodies. Thus, we can assume that the President is outside the branch separation system, since The Constitution of the Russian Federation establishes a special place for the President in the mechanism of separation of powers and the system of checks and balances. It can be concluded that this is the fourth branch of power - the presidential one with its own qualitative features that make it a separate, independent branch of state power. However, this conclusion contradicts Art. 10 of the Constitution of the Russian Federation, which establishes that there are only three branches of government in Russia. Therefore, we have to state the problem of practical implementation of the principle of separation of powers in the Russian state. Based on the above, we can conclude that the system of separation of powers in the Russian Federation looks asymmetric and unbalanced, with a burden towards the powers of the President, with an unequal position of other branches of power in relation to him.

In Russia, possessing independence and holding each other back, the three branches of government do not always balance each other. Especially this statement sways the interaction of the legislative and executive branches of government. Because in relations between them the executive branch dominates, to which the influence of the President can be added. In relations with the judiciary, this is expressed in the fact that the President influences the staff of the judiciary in accordance with Art. 83 and 128 of the Constitution of the Russian Federation. He submits candidates to the Federation Council for appointment to the posts of judges of the Constitutional Court, the Supreme Court, and also appoints judges of other federal courts.

In relations with the legislative branch, the influence of the executive branch is manifested in the fact that the President has the right to dissolve the State Duma, the right to call elections to the State Duma, the right to submit bills to the State Duma, sign and promulgate federal laws. At the same time, he has the right to veto the adopted laws.

Another measure that destabilizes the system of checks and balances is the following. In accordance with Art. 103 of the Constitution of the Russian Federation, the State Duma, as one of the possibilities of influencing the executive power, may or may not give consent to the President to appoint the Chairman of the Government, as well as decide the issue of confidence in the Government. However, in connection with the expression of no confidence in the Government or the refusal of the State Duma to approve the candidacy of the Chairman of the Government, the question of the existence of the State Duma itself in its current composition may arise. Due to the fact that if the State Duma expresses no confidence in the Government and the President disagrees with such a decision, the State Duma has the right to express no confidence again within three months, but in this case it risks being dissolved by the President if he announces the resignation of the Government (in accordance with Article 117 of the Constitution of the Russian Federation).

The powers of the President, within the outlined framework, do not end there. The State Duma can be dissolved for one more reason, namely, if it rejects three times the candidatures of the Chairman of the Government submitted to it for approval by the President. In such a confluence of circumstances, the President dissolves the State Duma, appoints the Chairman of the Government and calls new elections. Based on the foregoing, it can be concluded that the legislature, despite the rights granted to it, is easily suppressed by the executive. More can be said, there is a tendency towards strengthening of the executive power in the future, as evidenced by the measures taken by the President to reform the Federation Council, which will lead to a weakening of the power and influence of the upper house of parliament on the federal and executive power.

According to Art. 77 of the Constitution of the Russian Federation, the constituent entities of the Russian Federation are given the right to establish independently, in accordance with the principles of organization of representative and executive bodies of state power, the system of bodies of state power of republics, territories, regions, cities of federal significance, an autonomous region and autonomous districts. Thus, the subjects of the Federation are given the right to adopt their own laws governing the formation procedure, terms of office and the appointment of elections to their legislative bodies. But under the obligatory condition that the subject of the Federation has its own regulatory framework that would comply with the Constitution of the Russian Federation and other federal laws18. However, in accordance with Art. one Federal law"On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation", if federal laws, laws of the constituent entities of the Russian Federation, regulations on elections adopted in the Russian Federation contradict this law, the provisions of this Federal Law are applied. Thus, the Federal Law is contrary to the Constitution of the Russian Federation, Art. 76 which enshrines the right of a constituent entity of the Federation to carry out legal regulation itself, including the adoption of laws and other normative legal acts.

Thus, the main thing is that all branches of government exist in a strong relationship with each other and the mechanism of the state acts harmoniously, not leaning from one side to the other. When implementing their functions, the branches of government should try to stay within the framework of the current Constitution, without pretending to adopt a new one. It is necessary in the process of finalizing the current Constitution of the Russian Federation to supplement its Art. 77 by the concept of presidential state power, so that the powers of the President do not “stick” to the executive branch, but act independently, regulating the system of checks and balances, being distributed according to the imbalance of branches. It is also necessary to strengthen the legislative branch of power by empowering parliament with greater powers, create a broad base of legislative acts that facilitate the passing of judgments and strengthen the judiciary by equipping courts with competent judges, as well as ensure their impartiality and independence. By means of the above, it is necessary to try to achieve a balance of three independent branches of power, which could operate smoothly and smoothly, without suppressing one another and using the mechanism of separation of powers as a means of harmony in the exercise of powers between them.

Principles of the constitutional structure

The Russian state has been proclaimed and is being built as a democratic, federal, legal, with a republican form of government. These initial provisions reflect its most important and fundamental features and constitute the foundations of the constitutional system of Russia.

The state exercises its power in accordance with certain principles. The most important of them are elevated to the rank of constitutional and constitute the foundations of the constitutional order.

The foundations of the constitutional system are the basic principles at the basis of the political system of society, the form of government and state structure, relations between the state and the citizen.

The Constitution of the Russian Federation establishes an integral system of principles of the constitutional order:

Human and civil rights and freedoms as the highest value;
- democracy and the republican form of government;
- federal structure;
- separation of powers;
- state sovereignty;
- the rule of law;
- political and ideological diversity;
- the unity of economic space and freedom of economic activity;
- the social nature of the state;
- the secular nature of the state;
- recognition and guarantee of local self-government.

All these provisions are set out in Chapter I of the Constitution of the Russian Federation "Fundamentals of the Constitutional System". They determine all the subsequent content of the Basic Law, and they cannot be contradicted by its other norms. The provisions of the chapter in the Constitution of the Russian Federation, establishing the foundations of the constitutional system, are not subject to revision by introducing amendments and changes to the Constitution - only the adoption of a new Constitution is possible.

Article 1 of the Constitution defines the Russian Federation as a democratic federal rule of law with a republican form of government. The characterization of Russia as a democratic state expresses the need to ensure in the country real action of human rights and freedoms, democracy, ideological and political pluralism, separation of powers, as well as local self-government.

The Constitution of the Russian Federation enshrines the basic political rights of a person and a citizen at the level of international standards (freedom of speech, the right to association, the right to participate in the management of state affairs, the right to elect and be elected, etc.). Human rights and freedoms are recognized as the highest value. The state is obliged to respect and protect them.

The bearer of power in Russia and its sovereignty is a multinational people. This means that our country is being proclaimed a state of democracy. Democracy means that all state power belongs to the people, as well as the free exercise of this power by the people in accordance with their sovereign will and specific interests. The people of Russia exercise their power directly, as well as through the bodies of state power and local self-government.

Ideological diversity is a characteristic attribute of a democratic state. No ideology can be established as state or mandatory. This principle is also complemented by the constitutional recognition of a multi-party system. This principle helps to increase the effectiveness of democracy, to involve broader layers of the population in political activity, legalizes political opposition, and helps to overcome apathy and alienation of citizens from power. The Constitution of the Russian Federation establishes that Russia is a state based on the rule of law. The rule of law is a constitutional state. The Constitution is the center of the legal system, on its basis the entire mechanism of the legality of the state is built. It has supreme legal force, direct effect and is applied throughout Russia.

The foundations of the state, territorial structure of Russia are defined in article 5 of the Constitution of the Russian Federation and are based on the principle of federalism.

Russian federalism is not only a form of resolving the national question in a multinational country, but also a form of democratizing state governance. Decentralization of state power and its distribution across regions is an important guarantee of democracy. Based on the principle of federalism, the decentralization of a unified state power is ensured by the delineation of the subjects of jurisdiction between the Russian Federation and its subjects and local authorities.

The Constitution of the Russian Federation established a republican form of government in Russia. The Russian Federation is a mixed (semi-presidential) republic, since it simultaneously possesses the features of both a presidential and a parliamentary republic. The supreme state power and local self-government in the country are exercised by elective bodies elected by the population for a certain period, which provides ample opportunities for the real embodiment of the principle of democracy.

The Constitution of the Russian Federation states that Russia is a secular state. No religion can be established in the country as a state or compulsory. Religious associations are separated from the state and equal before the law. Article 28 guarantees everyone freedom of conscience and freedom of religion.

Article 7 of the Constitution of the Russian Federation lays in the basis of the constitutional system the concept of "social state", the main task of which is to achieve such social progress, which would be characterized by an increase in the well-being of citizens, an improvement in their lives, and the satisfaction of their material and spiritual needs. At the same time, the Basic Law proceeds from the fact that ensuring a decent life and free development of a person should also be a matter of his mind, hands, initiative, and the basis of social statehood is to create the necessary conditions for this.

The basis of the economic system of any state is the regulation of property relations. In the Constitution of the Russian Federation, property is regulated much more broadly than in most foreign constitutions. First of all, the existence of various forms of ownership, equally protected by the state, is enshrined. In accordance with Article 6 of the Constitution, these are: private, state, municipal and other forms of ownership. Particularly noteworthy is Article 36, which enshrined the right of citizens and their associations to have land in private ownership, giving it the status of one of the basic constitutional rights of citizens and their associations.

On the basis of the Constitution of the Russian Federation (Article 11), state power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation and the courts (Constitutional, Supreme, Supreme Arbitration).

The President of the Russian Federation is the head of state, the guarantor of the Constitution, human and civil rights and freedoms, stands above the branches of government, ensures their coordinated functioning.

Its special role in the system of state power is manifested in the fact that it is entrusted with determining the main directions of the domestic and foreign policy of the state, taking measures to protect the sovereignty of the Russian Federation, its independence and state integrity, representing the country in international relations.

A significant part of the President's powers is aimed at ensuring the coordinated functioning of all branches of government in the country. When interacting with the legislative branch, the head of state has the right to call elections to the State Duma, as well as to dissolve it in the cases and in the manner provided for by the Constitution. The President submits bills to the lower house of parliament, signs and promulgates federal laws. He addresses the Federal Assembly with an annual message on the situation in the country, on the main directions of the state's domestic and foreign policy. The powers of the President in relation to the Government (executive branch) include: appointment, with the consent of the State Duma, of the Chairman of the Government; appointing to the office of the Deputy Chairman and other officials of the Government, as well as dismissing them from their posts; cancellation of decisions of executive bodies in case of their contradiction with the Constitution, federal laws; acceptance or rejection of the resignation of the Government.

In terms of interaction between the President and the judiciary, he submits to the Federation Council candidates for appointment to the posts of judges of the Constitutional, Supreme, Supreme Arbitration Courts, as well as a candidate Attorney General... Makes proposals to dismiss them from office.

The government reform that took place this spring led to a reduction in the number of ministries and the creation of a so-called three-tier system of executive power (ministry, service, agency). Now the Government of the Russian Federation consists of the Chairman, his deputy, federal ministries, federal services and federal agencies. However, in the structure of federal executive bodies there are federal ministries, services and agencies, the activities of which are directed by the President of the Russian Federation.

1. Federal ministries, federal services and federal agencies, whose activities are managed by the President of the Russian Federation, federal services and agencies subordinate to these federal ministries.

Ministry of Internal Affairs of the Russian Federation:

The Federal Migration Service;
- Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters;
- Ministry of Foreign Affairs of the Russian Federation.

Ministry of Defense of the Russian Federation:

Federal Service for Military-Technical Cooperation;
- Federal Service for Defense Orders;
- Federal Service for Technical and Export Control;
- Federal Agency for Special Construction.

Ministry of Justice of the Russian Federation:

Federal Penitentiary Service;
- Federal Registration Service;
- Federal Service of Bailiffs;
- State Courier Service of the Russian Federation;
- the Foreign Intelligence Service of the Russian Federation;
- Federal Security Service of the Russian Federation;
- Federal Drug Control Service of the Russian Federation - Federal Security Service of the Russian Federation;
- Main Directorate of Special Programs of the President of the Russian Federation (federal agency);
- Administration of the President of the Russian Federation (federal agency).

2. Federal ministries headed by the Government of the Russian Federation, federal services and federal agencies subordinate to these federal ministries.

Ministry of Health and Social Development of the Russian Federation:

Federal Service for Supervision of Consumer Rights Protection and Human Welfare;
- Federal Service for Surveillance in Healthcare and Social Development;
- Federal Service for Labor and Employment;
- Federal Agency for Healthcare and Social Development;
- Federal Agency for Physical Culture, Sports and Tourism.

Ministry of Culture and Mass Communications of the Russian Federation:

Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and Protection of Cultural Heritage;
- Federal Archival Agency;
- Federal Agency for Culture and Cinematography;
- Federal Agency for Press and Mass Communications.

Ministry of Education and Science of the Russian Federation:

Federal Service for Intellectual Property, Patents and Trademarks;
- Federal Service for Supervision in Education and Science;
- Federal Agency for Science and Innovation;
- Federal Agency for Education.

Ministry of Natural Resources of the Russian Federation:

Federal Service for Supervision of Natural Resources;
- Federal Agency for Water Resources;
- Federal Forestry Agency;
- Federal Agency for Subsoil Use.

Ministry of Industry and Energy of the Russian Federation:

Federal Agency for Industry;
- Federal Agency for Construction, Housing and Communal Services;
- Federal Agency for Technical Regulation and Metrology;
- Federal Energy Agency.

Ministry of Agriculture of the Russian Federation:

Federal Service for Veterinary and Phytosanitary Surveillance;
- Federal Agency for Fisheries;
- Federal Agency for agriculture.

Ministry of Transport of the Russian Federation:

Federal Service for Supervision in the Sphere of Transport;
- Federal Air Transport Agency;
- Federal Road Agency;
- Federal Agency for Railway Transport;
- Federal Agency for Sea and River Transport;
- Federal Agency for Geodesy and Cartography.

Ministry of Information Technologies and Communications of the Russian Federation:

Federal Service for Supervision in the Sphere of Communications;
- Federal Agency for Information Technologies;
- Federal Communications Agency.

Ministry of Finance of the Russian Federation:

The Federal Tax Service;
- Federal Service for Insurance Supervision;
- Federal Service for Financial and Budgetary Supervision;
- Federal Service for Financial Monitoring;
- Federal Treasury (federal service).

Ministry of Economic Development and Trade of the Russian Federation:

Federal Customs Service;
- Federal Agency for State Reserves;
- Federal Agency for Real Estate Cadastre;
- Federal Agency for Federal Property Management.

3. Federal services and federal agencies managed by the Government of the Russian Federation:

Federal Antimonopoly Service;
- Federal Tariff Service;
- Federal Service for Hydrometeorology and Environmental Monitoring;
- Federal State Statistics Service;
- Federal Service for Financial Markets;
- Federal Service for Economic, Technological and Nuclear Supervision;
- Federal Agency for Atomic Energy;
- Federal Space Agency.

Changes in the structure of executive bodies of the Russian Federation were made in accordance with the Constitution of the Russian Federation and the Federal Constitutional Law "On the Government of the Russian Federation" in order to improve the structure of federal executive bodies.

Constitutional consolidation of principles

Article 13 of the Constitution of the Russian Federation:

1. Ideological diversity is recognized in the Russian Federation.
2. No ideology can be established as state or obligatory.
3. The Russian Federation recognizes political diversity and a multi-party system.
4. Public associations are equal before the law.
5. It is prohibited to create and operate public associations whose goals or actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, ethnic and religious hatred.

The laws are subject to official publication. Unpublished laws do not apply. Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information.

Ideology is a systematized, theoretically grounded spiritual expression of the interests of certain social groups.

Ideological diversity means the free existence of various political and other views, schools, ideas; it is a natural consequence of such constitutional rights and freedoms of man and citizen as: freedom of thought and speech, freedom of conscience, etc.

The most important guarantees of the effectiveness of ideological diversity: the abolition of censorship, freedom of information, publishing, teaching, implementation of the principle of political diversity.

The principle of ideological diversity established in the Constitution is one of the most important achievements of the peoples of Russia.

Legislative basis for the principles of ideological and political diversity:

Constitution of the Russian Federation (Article 13),
Federal Law of the Russian Federation "On Public Associations",
Federal Law of the Russian Federation "On Political Parties",
Federal Law of the Russian Federation "On freedom of conscience and on religious associations."

Democracy in the Russian Federation is carried out on the basis of the principle of political diversity (pluralism), which means the creation of opportunities to influence the political process to all socio-political or other organizations whose activities have a political aspect and are in the chambers of the Constitution. Political pluralism contributes to an increase in the effectiveness of democracy, the involvement of broad strata of the population in political activities, and legalizes constitutional political opposition.

To implement the principle of political pluralism, it is necessary that all socio-political structures function on a clear legal, primarily constitutional basis.

Political pluralism is freedom of political opinion and political action, which is manifested in the activities of independent associations of citizens. This is not only an opportunity to be a member of any party acting within the framework of the Constitution, but also not to be a member of any party, to be non-party. This guarantees equal rights to citizens to participate in the political process, regardless of their party affiliation.

Constitutional principles of human rights

The constitutional principle of human rights includes the following.

Universality and inalienability (part 2 of article 17 of the Constitution of the Russian Federation). Fundamental rights are not protected (granted) by the state, the very fact of a person's birth gives him rights.

The principle of inalienability has two meanings:

The state does not have the right to withdraw or restrict constitutional rights and freedoms without good reason;
- a person cannot undertake the obligation not to exercise their rights.

The unity of rights, freedoms and obligations, according to which any subjective rights of a person and a citizen can practically be realized only through someone else's obligations, and vice versa, obligations imply someone's right to demand their fulfillment.

Equality of all before the law is the endowment by the state, the top without exception, of its citizens with equal rights and obligations.

Equality (legal equality) is the equality of the free and equality in freedom, the general scale and equal measure of the freedom of individuals. Equality is one of the main constitutional principles that characterize the status of the individual, through which the rights, freedoms and duties of a person are realized. In the text of the Constitution, the concepts of "equality" and "equality" are encountered repeatedly, establishing important principles of relations both between people and between peoples and subjects of the Russian Federation. The content of this principle is not reduced to the actual equality of people, which is practically impossible to achieve, and even unnecessary, but to the equality of all in the legal sense. The equality of the legal status of a person and a citizen should not be confused with their social equality.

The Universal Declaration of Human Rights proclaimed the equality of all people in their dignity and rights and urged them to act towards each other in a spirit of brotherhood (Article 1), allowing the limitation of the rights and freedoms of some people by due recognition and respect for the rights and freedoms of others (Article 29) ...

Direct action. Regardless of the existence of normative legal acts concretizing fundamental human rights, state bodies are obliged to observe them.

It logically follows from the provisions of Article 17 of the Constitution of the Russian Federation that the inalienable rights and freedoms of man and citizen, generally recognized by the world community, are directly effective, i.e. their implementation should not directly depend on whether the state recognizes them or not. Human rights and freedoms are a phenomenon of objective social reality.

The principle of direct action of human rights and freedoms means that these rights really belong to a person and he can protect them in all ways that are not prohibited by law.

This principle means that rights and freedoms really belong to a person, regardless of whether they are specified in the current legislation or not, and he can protect them in all ways that are not prohibited by law. Recognition of human and civil rights and freedoms as directly acting implies the possibility of exercising and protecting rights and freedoms in the event of their violation in accordance with the Constitution of the Russian Federation, which has supreme legal force and has direct effect on the entire territory of our country (part 1 of article 15 of the Constitution of the Russian Federation ). This is understood as the supremacy of human and civil rights and freedoms in the legal system, since “they determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice” (Article 18). It should be recalled that it is in this that an essential feature of the rule of law and the principle of the constitutional system of the Russian Federation is manifested, which characterizes the rights and freedoms of man and citizen as the highest value of the state and society.

The Constitution of Russia, having enshrined the principle of direct action of the fundamental rights and freedoms of man and citizen, essentially removes the question of any forms of regulation that, at least to some extent, distort their original content or put obstacles to their practical implementation.

Guarantee and protection by the state - creation by state authorities and local authorities of conditions for the realization of rights and freedoms and effective mechanisms for their protection.

According to article 45 of the Constitution of the Russian Federation, state protection of human and civil rights and freedoms in the Russian Federation is guaranteed. It includes a list of state bodies with competence defined by law to protect the rights and freedoms of citizens. All branches of state power - legislative, executive, judicial, participate in the protection of human and civil rights and freedoms in Russia, each of them is independent within the competence outlined by law.

These principles determine the main directions of the policy of the Russian state in the field of human and civil rights and freedoms and are the basis of its legal status.

Constitutional principles of the judiciary

The principles of the exercise of judicial power (principles of justice) are the basic, most general guidelines enshrined in legislation, which determine the organization and activity of the courts. The principles of justice are interconnected and form a single system. The most important principles of justice are enshrined in the Constitution of the Russian Federation (Articles 46-50, 118-124). The constitutional principles of justice are also disclosed in the Federal Constitutional Law "On the Judicial System of the Russian Federation" and in other federal laws.

Justice is administered only by the court. Judicial power in the Russian Federation is exercised only by courts represented by judges and jurors, people's and arbitration assessors involved in the administration of justice in the manner prescribed by law. No other bodies and persons have the right to take upon themselves the administration of justice. The judiciary is exercised through constitutional, civil, administrative and criminal proceedings. The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and the Federal Constitutional Law "On the Judicial System of the Russian Federation". Justice in the Russian Federation is administered only by courts established in accordance with the Constitution of the Russian Federation and the Federal Constitutional Law "On the Judicial System of the Russian Federation". The creation of emergency courts is not allowed. The appropriation of the powers of the court is punishable by law.

The principle of legality is a general legal principle. In accordance with Article 120 of the Constitution of the Russian Federation, judges are subject only to the Constitution of the Russian Federation and federal law. With regard to the judiciary, the principle of legality means that the courts are obliged to exercise judicial power in accordance with the procedure established by procedural and other federal laws, and in the exercise of judicial power, it is correct to apply the laws in force. Courts are obliged to apply the Constitution of the Russian Federation, federal laws and other regulatory legal acts in force on its territory. The court, having established, when considering the case, the discrepancy between an act of a state or other body, an official of the Constitution of the Russian Federation, federal constitutional law, federal law, generally recognized principles and norms of international law, an international treaty of the Russian Federation, the constitution, charter, law of a constituent entity of the Russian Federation provisions that have the greatest legal force (if a by-law does not comply with the law - in accordance with the law). When administering justice, it is not allowed to use evidence obtained in violation of federal law.

The courts exercise judicial power independently, regardless of anyone's will, subject only to the Constitution of the Russian Federation and the law. Judges (as well as jurors, people's and arbitration assessors) participating in the administration of justice are independent and subject only to the Constitution of the Russian Federation and federal law. The guarantees of their independence are established by the Constitution of the Russian Federation and federal law; the constitutional guarantees of the independence of courts and judges include the irremovability of judges, immunity of judges, and financing of courts from the federal budget. Judges are irreplaceable, their powers may be terminated or suspended by the relevant qualification collegium of judges only in the manner and on the grounds established by federal law. Judges are inviolable, a judge cannot be held criminally liable except in the manner determined by federal law. Financing of courts is made only from the federal budget and must ensure the possibility of full and independent administration of justice in accordance with federal law (Article 124). Unlawful influence on judges, interference in the activities of the court entails liability in accordance with the law.

Consideration of civil and criminal cases in courts is carried out individually or collectively. According to article 47 of the Constitution of the Russian Federation, no one can be deprived of the right to have his case examined in that court and by the judge to whose jurisdiction it is attributed by law. The legal composition of the court in various cases is established by procedural legislation. Collegial consideration of civil and criminal cases in courts of general jurisdiction is carried out by a collegium consisting of a judge and two lay judges, consisting of three judges or the presidium of the court, and criminal cases - also by a collegium consisting of a judge and twelve jurors.

Citizens of the Russian Federation have the right to participate in the administration of justice in the manner prescribed by federal law as jurors, people's assessors and arbitration assessors. It is a civic duty to participate in the administration of justice by jurors, lay judges and assessors. In cases stipulated by federal law, legal proceedings are carried out with the participation of a jury (Article 123 of the Constitution of the Russian Federation). A person accused of committing a crime has the right to have his case examined by a jury in cases provided for by federal law (Article 47 of the Constitution of the Russian Federation). When imposing an exceptional measure of punishment - the death penalty, the accused is given the right to have his case examined with the participation of a jury (Article 20 of the Constitution of the Russian Federation).

Everyone is guaranteed judicial protection of his rights and freedoms. Decisions and actions (inaction) of state authorities, local self-government bodies, public associations and officials may be appealed to the court. The rights of victims of crimes and abuse of power are protected by law, and the state provides victims with access to justice. The procedure for appealing actions and decisions that violate the rights and freedoms of citizens is established by the Law of the Russian Federation "On Appealing Actions and Decisions Violating the Rights and Freedoms of Citizens" and other federal laws.

All are equal before the law and the court (Article 19 of the Constitution of the Russian Federation). The courts do not give preference to any bodies, persons participating in the proceedings, the parties on the basis of their state, social, gender, racial, national, linguistic or political affiliation or depending on their origin, property and official status, place of residence, place of birth, attitude to religion, beliefs, membership in public associations, as well as on other grounds not provided for by federal law. The parties to the proceedings, as a rule, have equal procedural rights.

The proceedings in all courts are open. A hearing of a case in a closed session is allowed in cases stipulated by federal law (for example, when a state, commercial secret, information about citizens of a confidential nature is involved). The decision of the court, taken in both open and closed sessions, shall be announced publicly. The trial of criminal cases in absentia is not allowed, except in cases provided for by federal law.

Legal proceedings and office work in the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, in other arbitration courts, in military courts are conducted in the state language of the Russian Federation - Russian. Legal proceedings and office work in other federal courts of general jurisdiction, in the constitutional (statutory) courts of the constituent entities of the Russian Federation, with justices of the peace are conducted in Russian or in the state language of the republic on the territory of which the court is located. Persons who do not speak the language of legal proceedings are given the right to speak and give explanations in court in their native language or in any freely chosen language of communication, to use the services of an interpreter.

Everyone is guaranteed the right to receive qualified legal assistance. In cases stipulated by law, it is provided free of charge. Every detainee, taken into custody, accused has the right to use the assistance of a lawyer (defense lawyer) from the moment, respectively, of arrest, detention or presentation of charges. In the cases established by Article 51 of the Criminal Procedure Code of the Russian Federation (for example, in cases of minors), the participation of a defense attorney in a criminal case is mandatory.

Everyone accused of committing a crime shall be presumed innocent until his guilt is proven in the manner prescribed by federal law and established by a court verdict that has entered into legal force. The accused is not obliged to prove his innocence. Irremovable doubts about the guilt of a person shall be interpreted in favor of the accused.

No one can be convicted again for the same crime. Everyone convicted of a crime has the right to have the sentence reviewed by a higher court in accordance with the procedure established by federal law, as well as the right to ask for pardon or mitigation of punishment (according to the Criminal Code of the Russian Federation, the concept of “pardon” also includes mitigation of punishment).

Problems of the constitutional principle

The question of the principles of public service is the most important in the structure of the institution of public service, the legal system not only of the Russian Federation, but also of other countries of the world. The term "principles of civil service" indicates the fundamental features, essential characteristics, the most important content and significance of the civil service itself, as well as the main legal provisions in the structure of the legal institution of the same name.

The legal establishment of the principles of civil service determines the functioning of state bodies, the activities of civil servants, the stability of state-legal regulation of state-service relations, as well as substantiation of trends in the development of legislation on public service.

In the social sciences, principles are usually understood as the starting positions and theoretical ideas that reflect the objective laws of the development of society and the state. The principles underlie the formation and functioning of state bodies (representative, executive and judicial branches). The principles of civil service are formulated by the legislator based on the specific legal experience and legal culture in the country and are based on the main provisions of the legal system, taking into account the achieved level of development of sectoral legislation.

Speaking about the principles of public service, we mean requirements that are universal and obligatory for all persons and organizations, in one way or another, related to public service, and which cover all organizational, legal and other aspects that make up the content of public service. The principles of civil service are fundamental ideas, regulations that express objective laws and determine the directions for the implementation of the competence, tasks and functions of state bodies, the powers of civil servants.

The significance of the principles of civil service lies, firstly, in the fact that they should objectively reflect the essence of the civil service, its most important features; disclose the general nature of the managerial, executive and administrative and other administrative activities of civil servants. Secondly, the principles of civil service should establish the most important regularities in the system of organization and functioning of the civil service, i.e. reflect the objective connections that arise in the system of state-service relations. The principles determine the significance, legitimacy and social value of relations that take place in the system of public service. The absence of legal principles of public service entails the appearance in it of elements of arbitrariness, bureaucracy in the worst sense of the word, disorganization, lawlessness, injustice and immorality. Thirdly, the principles are an active, dynamic beginning, because they should determine the model of public service established by the legislator. The formulation and establishment by legislators of the principles of public service depend on the chosen (functioning in the country) model of public service, on the adequacy of understanding the internal laws of public relations and legal regulation. Fourthly, each separately the principle of civil service reflects not all the objective laws of the activity of state bodies and employees, but only some of them. But all principles are interconnected; adherence to some contributes to the implementation of others and, on the contrary, violation of any of the principles negatively affects the implementation of other principles.

The importance of the principles of civil service determines the special conditions for their implementation. Within the framework of this article, let us turn to the problems of implementing one of the basic principles of public service - the principle of equal access to public service.

The Constitution of the Russian Federation (part 4 of article 32) establishes that citizens of the Russian Federation have equal access to public service. Any discrimination when entering the service on grounds of social, racial, national, linguistic or religious affiliation is prohibited, which, as a general principle, is provided for in Part 2 of Art. 19 of the Constitution.

In accordance with these constitutional provisions and the provisions of Federal Law No. 58-FZ "On the System of Civil Service of the Russian Federation" the need for equal access of citizens to civil service is established. At the same time, this principle in the Civil Service Law received its further legal development. The content of the principle is already based on two concepts - "equal access of citizens to the civil service" and "equal conditions for its passage."

One cannot but agree with the opinion that the constitution is designed to lay the foundation for both the legal system, and the state mechanism, and civil society, and at the same time the choice of principles that most adequately correspond to the objective and subjective conditions and needs of a given society at this stage of its development is the most their full and deep implementation are the most important tasks of the authors of the constitution itself, and legislators, and law enforcers.

However, the high degree of generalization of constitutional principles makes it very problematic to create a legal mechanism that can guarantee their practical application.

This fully applies to the implementation of the principle of equal access to public service.

The formation of a qualitatively new, democratic system of civil service in the Russian Federation cannot do without taking into account the world experience in this area. The inclusion in the Constitution of the Russian Federation of the provision according to which the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system (part 4 of article 15), makes it possible to refer to the sources of the institution of public service various international legal acts and treaties in the field of state service. So, the International Covenant on Civil and Political Rights in Art. 25 speaks of the right of every citizen, without any discrimination and unreasonable restrictions, "to be admitted in his country, on general conditions of equality, to public service." The Convention on the Political Rights of Women stipulates that women have the right, on equal terms with men, to hold positions in the public and public service and perform all public and public functions established by national law.

The fundamental principles of civil service established by the Constitution of the Russian Federation are concretized and developed in Article 4 of Federal Law No. 79-FZ "On the State Civil Service of the Russian Federation". In accordance with it, one of the principles is the principle of "equal access of citizens who speak the state language of the Russian Federation to the civil service and equal conditions for its passage regardless of gender, race, nationality, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, as well as from other circumstances not related to the professional and business qualities of a civil servant. " Thus, the principle of equal access to public service, which is not limited by anything in the Constitution, is already stipulated in the Law by the condition: a person must know the state language of the Russian Federation. But this is far from the only condition for entering the civil service.

Formally, every citizen has equal opportunities to enter the civil service in the presence of vacancies and in the possession of certain professional skills without any discrimination on the basis of race, sex, nationality, social origin, property status, place of residence, attitude to religion. However, there are certain restrictions in the legislation for persons entering the public service.

Based on the analysis of the provisions of the Federal Law on State Civil Service, a candidate for a public office must meet a number of requirements:

Have Russian citizenship;
- know the state language;
- be at least 18 years old;
- have an appropriate education (depending on the category and group of the position); - meet other legal requirements.

When considering the above conditions for admission to the civil service, from the point of view of their compliance with the principle of equality, it is noteworthy that not all of them are justified by the need to entrust the management of public affairs to persons who have a professional and actual suitability for this. Belonging to Russian citizenship of a candidate for the position of a civil servant does not create any unjustified restrictions for foreigners and stateless persons, since the civil service of the Russian Federation is a professional activity in the performance of state tasks and functions.

The age criterion stems from the meaning of Art. 32 and 60 of the Constitution of the Russian Federation, which states that citizens have the right to participate in the management of state affairs directly, and this right can be exercised in full from the age of 18. In this context, this will mean the opportunity for any citizen who has reached the age of majority to apply for a public office. Proceeding from the equality of opportunities, this age qualification cannot be regarded as discriminatory, especially since it is also present for voters as subjects of state governance.

Requirements for a candidate for public office include educational qualifications. Those who apply for the highest and main positions must have a higher professional education by the profile of the position. A feature of the civil service of these persons is the need to fulfill several social roles: a politician, an expert and an analyst, a specialist in his field of professional activity and a manager-manager who heads the collective of civil servants. That is why he needs knowledge in the field of management, economics, law, that is, he must have a higher professional education in his specialty.

But does it provide higher education a sufficient level of professionalism in the full sense of the word, can higher education generally serve as the main criterion for a person's suitability for public service? If we take into account that this is a very specific and undeveloped field of activity, in which success depends on such qualities as practicality, resourcefulness, everyday experience, the ability to work with people, then it is necessary to understand that a document confirming higher education does not mean that that the employee has the above qualities.

Another rather controversial requirement for a candidate for state and municipal office is knowledge of the state language.

At present, the laws "On languages" have been adopted in most of the republics within Russia. In many of them, the state languages ​​are recognized as Russian and the national language of the republic, which is spoken by the titular nation that gave the name to the republic. So, in the Republic of Sakha the state languages ​​are Sakha and Russian, in the Republic of Tatarstan - Tatar and Russian.

In some cases, the status of the state is endowed with several languages. In Kabardino-Balkaria, these are Kabardian, Balkarian and Russian; in Mordovia, the state languages ​​are Russian and Mordovian (Moksha and Erzyan); in the Republic of Mari El - Mari (mountain and meadow) and Russian languages.

It is rather difficult to determine which language is to be attributed to the state language in the republics with a multi-ethnic composition of the population. For example, in the Republic of Bashkortostan, where both Bashkirs and Tatars live, the Law "On the Languages ​​of the Peoples of the Republic of Bashkortostan" endowed only Bashkir and Russian with state status, and all other languages ​​are used in official spheres of communication only in places of compact residence of the respective ethnic groups. According to N.A. Lyubimov, these norms of the Law restrict the rights of the Tatar ethnic community to use their native language, and therefore the Tatar language must be endowed with the status of the state language.

The right of the republics that are part of the Russian Federation to establish their own language should in no way contradict or infringe upon human rights. The language qualifications introduced by some republics for holding elective offices should be regarded as discriminatory. This practice was the subject of consideration by the Constitutional Court of the Russian Federation, which indicated that from the law provided for in Part 2 of Art. 68 of the Constitution of the Russian Federation, neither the obligation of the republics to establish state languages, nor the need for special requirements for the knowledge of these languages ​​as the acquisition of passive electoral rights. It seems that if the language qualification is considered discriminatory for elected officials, then this provision should be extended to state and municipal employees in the national subjects of the Federation.

Thus, the conditions for the implementation of the constitutional principle of equal access to public service, enshrined in the legislation on public service, in some cases are justified and natural, while others are clearly discriminatory.

In the scientific community, the opinion is expressed that constitutional principles can be subdivided into principles - specific prescriptions and principles - general guidelines. At the same time, the principles, which are general guidelines, are characterized by the vagueness of the content, which includes a huge variety of different rights, obligations and prohibitions. It seems that the principle of equal access to public service can be attributed to this kind of constitutional principles. Therefore, a thorough study of the mechanism for the implementation of this principle is required in the legislation in order to prevent discrimination of citizens who, according to the Constitution, have an equal right to access to public service.

Principles of the Constitutional Court

Principles of the Constitutional Court:

1) independence of judges of the Constitutional Court of the Russian Federation;
2) collegiality of consideration of cases;
3) publicity of the court session (broadcasting of sessions of the Constitutional Court of the Russian Federation is allowed);
4) competitiveness and equality of the parties.

The Constitutional Court of the Russian Federation has the right:

1) resolve cases on the compliance of the Constitution of the Russian Federation with federal laws, Decrees of the President of the Russian Federation, acts of the Government of the Russian Federation; constitutions of republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation; agreements between state authorities of the Russian Federation and state authorities of constituent entities of the Russian Federation, contracts between state authorities of constituent entities of the Russian Federation; international treaties of the Russian Federation that have not entered into legal force;
2) resolve disputes about competence: between federal government bodies; between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation; between the highest state bodies of the constituent entities of the Russian Federation;
3) give an opinion on the observance of the established procedure for bringing charges against the President of the Russian Federation of high treason or committing another serious crime;
4) come up with a legislative initiative on issues of their jurisdiction;
5) give an interpretation of the Constitution of the Russian Federation (at the request of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, legislative bodies of the constituent entities of the Federation);
6) check the constitutionality of the law applied or subject to application in a specific case, resolved by the court on complaints of citizens and requests from the courts;
7) exercise other powers granted to him by the Constitution of the Russian Federation, the Federal Treaty and federal constitutional laws.

Constitutional legal proceedings - the procedural activity of the Constitutional Court of the Russian Federation to resolve cases within its competence.

Constitutional proceedings begin with a request from authorized persons to the Constitutional Court of the Russian Federation.

The following persons have the right to appeal to the Constitutional Court of the Russian Federation:

1) the President of the Russian Federation;
2) Federation Council of the Federal Assembly of the Russian Federation;
3) State Duma of the Federal Assembly of the Russian Federation;
4) members of the Federation Council or deputies of the State Duma of the Federal Assembly of the Russian Federation in the amount of 15 of the total number of members of the corresponding chamber of the Federal Assembly;
5) the Government of the Russian Federation;
6) the Supreme Court of the Russian Federation;
7) the Supreme Arbitration Court of the Russian Federation;
8) legislative and executive authorities of the constituent entities of the Russian Federation.

Constitutional proceedings are carried out within the framework of plenary sessions and sessions of the chambers of the Constitutional Court of the Russian Federation. Decisions of the Constitutional Court of the Russian Federation, adopted at sessions, are competent only in the presence of at least three quarters of the total number of judges of the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation exercises its powers within the framework of plenary sessions and sessions of the chambers of the Constitutional Court.

At plenary sessions, the Constitutional Court of the Russian Federation:

1) resolve cases on the compliance of the Constitution of the Russian Federation with the basic laws of the constituent entities of the Russian Federation;
2) gives an interpretation of the Constitution of the Russian Federation;
3) gives an opinion on the observance of the established procedure for bringing charges against the President of the Russian Federation of high treason or committing another serious crime;
4) decides the issue of putting forward a legislative initiative on issues of its jurisdiction;
5) decides other issues of regulating the activities of the Constitutional Court of the Russian Federation.

At sessions of the chambers, the Constitutional Court of the Russian Federation:

1) resolves cases on compliance with the Constitution of the Russian Federation: federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma of the Russian Federation, the Government of the Russian Federation; laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of the state authorities of the Russian Federation and the joint jurisdiction of the state authorities of the Federation and the state authorities of its constituent entities; agreements between government bodies of the Russian Federation and government bodies of constituent entities of the Federation, agreements between government bodies of subjects of the Russian Federation; international treaties of the Russian Federation that have not entered into force;
2) resolve disputes about competence: between federal government bodies; between the state authorities of the Russian Federation and the state authorities of its subjects; between the highest state bodies of the constituent entities of the Russian Federation;
3) on complaints of violation of the constitutional rights and freedoms of citizens and at the request of the courts, verifies the constitutionality of the law applied or to be applied in a particular case.

Principles of the constitutional process

The federal constitutional law has enshrined the most important principles of constitutional proceedings.

Independence. The judges of the Constitutional Court are independent and are guided in the exercise of their powers only by the Constitution of the Russian Federation and federal constitutional law. In their activities, judges of the Constitutional Court act in their personal capacity and do not represent state and public bodies, political parties and movements, state, public and other enterprises, institutions, organizations, officials, state and territorial entities, nations, social groups.

Collegiality. Consideration of cases and issues, decision-making on them is carried out by the Constitutional Court collegially. The decision is made only by those judges who participated in the consideration of the case in the court session.

Publicity. The consideration of cases in the sessions of the Constitutional Court is open. Closed sessions are allowed only in cases where it is necessary to ensure secrets protected by law, the safety of citizens, and the protection of public morality. Decisions taken in both open and closed sessions are announced publicly.

Oral proceedings. The proceedings at the meetings of the Constitutional Court are oral. When considering cases, the Court hears the explanations of the parties, the testimony of experts and witnesses, reads out the available documents, except for those previously presented to the judges and parties.

Language of legal proceedings. Production at the KS is conducted in Russian. Participants in the process who do not speak Russian are guaranteed the right to testify in another language and to use the services of an interpreter.

Continuity of the trial. The meeting of the Constitutional Court on each case takes place continuously, with the exception of the time allotted for rest or necessary to prepare the participants in the process for further proceedings, as well as to eliminate the circumstances that impede the normal course of the meeting.

Competitiveness and equality of the parties. The parties enjoy equal rights and opportunities to defend their positions on the basis of competition in the sessions of the Constitutional Court of the Russian Federation.

The Constitutional Court is one of the branches of the judiciary and carries out its functions in the forms of constitutional proceedings established by law, which are a type of process using certain elements of the judicial procedure.

The originality of constitutional proceedings cannot but influence the list and the content of its principles. Among the above list, there are no generally recognized principles of justice such as legality, the presumption of innocence and the participation of representatives of the population in justice.

Legality in constitutional proceedings is ensured by the fact that the Constitutional Court is guided by a single legislative act - the Constitution of the Russian Federation, which, by definition, excludes any derogation from an act of supreme legal force.

The absence of the principle of innocence is due to the fact that the Constitutional Court does not administer justice in specific criminal and civil cases, and there are no accused, defendants, plaintiffs and defendants in constitutional proceedings.

The collegiality of constitutional proceedings differs from the collegiality of justice. Representatives of the population are not involved in the consideration of cases, since their resolution requires deep legal knowledge and high professionalism.

Constitutional principles of local self-government

The principles of local self-government are the fundamental principles determined by the nature of local self-government that underlie the organization and activities of the population, the bodies formed by them, independently managing municipal affairs.

Principles:

1. The independence of the population to resolve issues of local importance.

1) Independence in the implementation of LSG by citizens is realized through forms of direct expression of will, through elected and other LSG bodies.
2) LSG, within the limits of their powers, independently.
3) Legally secured financial and economic independence of the Moscow region.
2. Organizational isolation of LSG:

1) LSG bodies are not part of the system of public authorities.
2) The formation of bodies and the appointment of LSG officials by public authorities are not allowed.
3) Mutual subordination is excluded between municipalities.

3. Provision of LSG activities with the necessary material and legal resources.

3.1) Independent management of municipal property, independent formation, approval and execution of the budget. Recognition and equal protection of municipal property along with other forms of property.
4. The variety of organizational forms for the implementation of LSG (Art. 131 of the Constitution).

5. Guarantee of the right of local self-government to judicial protection.

Citizens residing in the territory of the municipality, bodies and officials of local self-government may file claims in court for invalidating acts of public authorities and state officials, bodies and officials of local self-government, enterprises, institutions, organizations and public associations that violate the rights of local self-government.

6. Responsibility of bodies and officials of local self-government before the population. Responsibility to the population comes as a result of the loss of public confidence. One of the types of this responsibility is the possibility of recall by the population of a deputy, a member of an elected body, an elected official of local government.

7. Observance of human and civil rights and freedoms.

Implementation of LSG activities based on the fundamental human and civil rights and freedoms guaranteed by the Constitution of the Russian Federation (to elect and be elected to LSG bodies, etc.).

8. Legality in the organization and activities of local self-government:

1) Prosecutor's supervision over the implementation of the Federal Law, the laws of the constituent entities of the Federation and the statutes of the Ministry of Defense by bodies and officials of LSG.
2) Judicial appeal against decisions and actions of LSG bodies and officials that infringe on the rights of legal entities and individuals.

9. Publicity of local government activities.

9.2 The obligation to provide an opportunity to get acquainted with documents and materials, as well as to receive other complete and reliable information about the activities of the authorities.

10. Use of local customs and traditions in the organization and activities of local self-government:

1) Referring to local customs and traditions, taking into account local characteristics of nationalities when choosing models of local self-government.
2) Establishment and change of the boundaries of a municipal formation are carried out taking into account historical and other local traditions at the initiative of the population, local government bodies, and state authorities of the constituent entity of the Russian Federation.

Constitutional principles of foreign countries

The constitutional law of foreign countries as a branch of law is a system of internally agreed legal norms (rules of a special kind, provided by state coercion), which are contained in various normative legal acts - constitutions, laws, presidential decrees, etc. and regulate a certain group of social relations ...

The constitutional law of foreign countries as a science is a combination of various theories, teachings, views, hypotheses on constitutional law, set out in books, articles, scientific reports. The content of science is constitutional doctrines, ideas and recommendations of jurists for improving legislation.

The constitutional law of foreign countries as an academic discipline is a subject of instruction in higher education.

The concept of "constitutional law of foreign countries" does not mean a special branch of law - there is no such branch. There is the constitutional law of a particular country - French, Indian, Congolese, Brazilian, Australian, etc. There is no special science with such a name. When using the term "constitutional law of foreign countries" we are talking about a collective phenomenon, about a comprehensive and comparative study of the constitutional law of many countries of the world, about a branch from a single science of constitutional law, as well as an academic discipline.

Currently, there are more than 200 states in the world, and each state has its own legal system, reflecting the socio-economic, political, cultural characteristics of a given country.

Allocate:

- on socio-economic development: highly developed countries of the West (including Japan); states of medium-developed capitalism (Israel, Turkey, Malta, etc.); former socialist countries of Europe (Albania, Poland, Romania, etc.); developing countries that were colonies or dependent territories of European colonial powers (Pakistan, India, Egypt, etc.); states that are socialist (People's Republic of China, Cuba, Vietnam, etc.);
- by the form of government: republics and monarchies;
- by forms of government: unitary and federal;
- by party systems: with a multi-party system; with a two-party system; with a one-party system;
- and other classifications.

The object of the constitutional law of foreign countries is the most significant, most important social relations: the foundations of the life of the individual (for example, the establishment of a living wage by law), the collective (the role of public associations in the country), the state (its place in society), society itself (market or state-controlled economy) ...

An important part of constitutional law is constitutional rights and obligations of a person and a citizen, methods of their implementation and guarantees. A special place is occupied by relations associated with the participation of citizens in the exercise of public power. In different countries, the current constitutional law may have its own characteristics in the subject of regulation.

The constitutional law of foreign countries regulates four main spheres of public life: the economy (the basis of property relations), social relations (the social role of the state), politics (the role and procedure for the formation of political parties, the procedure for elections, the organization of the state), ideology (ideological pluralism). They constitute the subject of the constitutional law of foreign countries.

Thus, constitutional law as a branch of the law of a country is a system of internally agreed norms that consolidate and regulate the foundations of the legal relationships of individuals, collectives, the state and society, establishing legal conditions for the exercise of state power, participation in it, pressure on it, struggle for her by peaceful, constitutional means.

Under principles constitutions in legal science is understood as the fundamental ideas and provisions that determine the most essential features, qualitative properties of the Constitution as the Basic Law of the state.

Basic principles Constitution of the Russian Federation of 1993.

1. Democracy and sovereignty of the people ... The essence of this principle is that Art. 3 of the Constitution of the Russian Federation establishes that the people belong to the full power of the state. "The bearer of sovereignty and the only source of power in the Russian Federation," it is emphasized in this article, is its multinational people. "

The Constitution also establishes the main forms of the people exercising their sovereignty:

1. The President of the Russian Federation and the Federal Assembly are elected through general elections.

2. The most important issues are submitted to a referendum, an example of which is the adoption of the 1993 Constitution.

3. The Constitution introduced a system of local self-government, which is exercised by citizens through elected and other self-government bodies (Art. 130).

2. Legality ... The proclamation of the Russian Federation as a rule of law presupposes the consolidation of the principle of legality in the Constitution of the Russian Federation, the essence of which is strict observance of the requirements of the law. This principle is reflected in Art. 15 of the Constitution of the Russian Federation, which establishes the supreme legal force and direct effect of the Constitution throughout the territory of the Russian Federation. Clause 2 of Article 15 also stipulates that state authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.

The principle of legality was also enshrined in the norms of Chapter 7 of the Constitution of the Russian Federation, which establishes the system of government bodies, the principles of their organization and activities.

3. Equality and full rights of citizens, guaranteed rights and freedoms ... This principle consists in the recognition of a person, his rights and freedoms as the highest value. Article 19 of the Constitution of the Russian Federation establishes: "Everyone is equal before the law and the court." And further it is emphasized that the state guarantees the equality of human and civil rights and freedoms regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, and other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited. Man and woman have equal rights and freedoms and equal opportunities for their realization.

Considering the content of the principle of equality of citizens, it should be emphasized that we are talking about legal equality , providing everyone with equal legal opportunities to enjoy rights and freedoms. Actual equality is impossible due to a number of objective and subjective reasons.

4. Humanism ... The constitutional recognition of a person as the highest value reflects the principle of humanism, which means care for a person, for the all-round development of his spiritual and physical qualities, material living conditions.

5. State unity ... For a federal multinational state, the implementation of the principle of state unity in the Constitution is of decisive importance. This principle is enshrined in the Preamble and Art. 4 of the Constitution of the Russian Federation, which establishes that the sovereignty of the Russian Federation and the supremacy of the Constitution of Russia extend to its entire territory.

The Russian Federation ensures the integrity and inviolability of its territory. The principle of state unity is evidenced by the following provisions:

Art. 8 - the unity of the economic space;

Art. 67 - the unity of the territory;

Art. 68 - establishing the Russian language as a single state language;

Art. 74 - securing the establishment of customs borders, duties, fees on the territory of Russia;

Art. 75 - establishing the ruble as a single currency, etc.

6. Equality and self-determination of peoples ... This principle is due to the multinational nature of Russia and its federal structure. This principle is enshrined in:

Preamble to the Constitution of the Russian Federation;

Art. 5 - establishing a list of the subjects of the federation and indicating that in relations with federal bodies of state power, all subjects are equal;

Art. 73 - reinforcing that outside the jurisdiction of the federation and the joint jurisdiction of the federation and the subjects, the latter have full state power.

According to Art. 66 of the Constitution of the Russian Federation, the status of a subject of the Russian Federation may be changed by mutual agreement of the federation and the subject in accordance with federal constitutional law.

This principle is also reflected in Art. 69, which states that the Russian Federation guarantees the rights of indigenous peoples.

7. Separation of powers ... This principle is new in Russian constitutional legislation and is enshrined in Art. 10 and 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 legislative, executive and judicial. The legislative, executive and judicial authorities are independent.

8. Ideological diversity, multi-party system ... In connection with radical transformations in public life, the Constitution of the Russian Federation enshrines in its content the principle of ideological diversity and multiparty system, previously unknown to Russian legislation. According to Art. 13 of the Constitution of the Russian Federation, no ideology in Russia can be established as state or mandatory. The Russian Federation recognizes political diversity and a multi-party system. Public associations are equal before the law.

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An important principle of the Constitution is the provision on Russia as a social state. “Russian Federation,” says Art. 7 of the Basic Law is a social state, the policy of which is aimed at creating conditions that ensure a dignified 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 allocate resources to the protection of labor and health of people, to establish a guaranteed minimum wage, to provide support for families, motherhood, fatherhood and childhood, people with disabilities and senior citizens, develops the system of social services, establishes state pensions, benefits and other guarantees of social protection.

Social orientation of the activity the Russian state is clearly expressed in its constitutional duty 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 prescribed 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 health protection, protection and support of families, childhood, environmental protection

The principle of the Constitution of Russia is also economic freedom, a variety of forms of ownership while maintaining a single economic space. Unlike the constitutions of the Soviet period, which ensured an orientation towards the preferential 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, property of public associations). Thus, each of them can develop freely, competing with each other and filling various spheres 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], has the right to sell his labor on the labor market [Art. 37]. At the same time, however, economic activities aimed at monopolization and unfair competition are not allowed.

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

Guaranteeing and recognizing 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 by the population of issues of local importance.

According to the Constitution of Russia, local self-government acts as an independent channel (form) of the exercise of power by the people. Local self-government bodies are not part of the system of public authorities [Art. 12].

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

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

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

The most significant of them is the supremacy of the Constitution, its supreme legal force. For the first time in domestic constitutional practice, this juridical property of the Constitution received an extensive consolidation in the text of the Basic Law itself. “The Constitution of the Russian Federation,” says Art. 15, - has supreme legal force, direct effect and applies throughout the territory of 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 deals with the issues of ensuring the constitutionality of laws and other normative legal acts, the interpretation of constitutional provisions (Article 125 of the Constitution of the Russian Federation).

The supreme power of constitutional norms means that in the event of their discrepancy with the norms of ordinary laws, constitutional norms apply. From the point of view of legal force, constitutional norms are heterogeneous, they themselves can be differentiated, subdivided into several groups:

• 1. The norms that make up the foundations of the constitutional order [Ch. one]. They consolidate 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, procedure. No other provisions of the Constitution can contradict the foundations of the constitutional system of the Russian Federation [Art. sixteen].
• 2. Constitutional norms on human rights and freedoms [Ch. 2]. Their specificity lies in the outright prohibition [Art. 55] on the publication of laws abolishing or diminishing the rights and freedoms of man and citizen. In addition, the Constitution sets 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 that can be specified only in federal constitutional laws. The latter are special laws that are most closely (organically) related to the Constitution. For their adoption, an increased number of votes of the State Duma and the Federation Council is required, 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 be specified only in a constitutional law.
• 4. The rest of the provisions of the Constitution, which have increased legal force in comparison with ordinary laws.

citizenship constitution human freedom

In philosophical literature principle(from Lat.principle - beginning) is defined, firstly, as a direct generalization of experience and facts, the result of which is the main idea, an idea serving to build a theory, and, secondly, as a law of science, since it expresses essential and necessary relations of reality 2. In other words, the principle is viewed as basic beginning, on which a scientific theory is built as a certain methodological or normative setting, rule and postulate In a logical

1– Zorkin V.D. Russia m Constitution in the XXI century. View from Ilyinka. M.2007 G. P.63-64

2 - See OM Sichivitsa Methods and forms scientific knowledge... Moscow, 1993, p. 77

3 - See V.N. Golovanov. Laws in the System of Scientific Cognition), 1970. Pp. 81-82

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sense, the principle is the central concept as the basis of the system, representing the generalization and extension of any provision to all phenomena in this area, from which this principle is abstracted.

The principles are objective, they are determined by the system of social relations. The principles are true only insofar as they correspond to society and human history. Principles as an ideological category are formed in the public consciousness of people under the influence of the entire totality of social relations inherent in a certain stage historical development, are embodied in the conscious, volitional and purposeful human activity. Objectively existing social relations determine the real content of the principles.

The fundamental ideas formulated by science in a particular area of ​​human activity are the result of an active, creative attitude of a person to the surrounding reality. However, scientific principles are not all guiding ideas, even if recognized by people in a given capacity, but only those of them that adequately reflect objective laws, trends in 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) 1 act as fundamental ideological principles, guiding regulatory provisions, requirements. Legal principles find not only their expression, but, as a rule, are enshrined in constitutions and current legislation. They actually and legally acquire a normative character and carry out a regulatory impact on social relations, on people's behavior.

The Constitutional Court of the Russian Federation in its ruling of January 27, 1993 No. 1-P noted that general legal principles have the highest degree normative generalization, predetermined

1 The scientific literature contains an attempt to distinguish between the concepts of legal principles and principles of law on the basis of the distinction between law and law, as well as on other grounds. In this context, the concept of legal principles encompasses both general legal principles and principles that can be enshrined in the constitution.

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

Under constitutional principles the general, guiding principles of constitutional and legal regulation are understood, having the highest degree of normative generalization, predetermining the development of the entire system of legal regulation.

Constitutional principles follow from the essence of the very constitutional and legal matter, they have an objective character. In this sense, they express in a concentrated form the world experience in the development of constitutional law, constitutional and legal regulation. The spirit (meaning) of the constitution, its philosophical aspect is primarily constituted by 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 foundation. Constitutional principles determine the core orientation of all constitutional and legal regulation in a given society and state.

Constitutional principles affect public relations both directly and indirectly, in interaction with other constitutional provisions. Constitutional principles form the basis of constitutional ordinances. They are of particular importance in the understanding, interpretation and implementation of other constitutional provisions.

Constitutional principles in their individuality have only their own inherent content, purpose, a certain sphere of action and a specific range of subjects to whom it is addressed, specific forms of implementation.

§ 2. Constitutional principles: concept, types, action91

Constitutional principles find direct expression in the foundations of the constitutional order, covering the relationship between a person, civil society and the state.

The constitutional principles include: the priority of human and civil rights and freedoms; democracy (democracy), separation of powers and other principles of the rule of law; equality before law and court .; freedom of economic activity; the 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 the subjects of the Russian Federation.

Along with the constitutional principles, simultaneously serving as the foundations of the constitutional system, one should distinguish between the constitutional principles of the subsectors and institutions of constitutional law (for example, the principles of the constitutional status of an 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 specific, in the real behavior of subjects of social relations leads to the establishment of constitutionality and constitutional order.

Constitutional principles are in connection with each other, interact with each other. Such interaction does not always have a parity start. Each time, specific living conditions and circumstances, the struggle of conflicting interests dictate a solution to the issue of a possible priority in the implementation of a particular constitutional principle.

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

The constitutional principle of the rule of law means the organization and functioning of public (political) power, including in its relationship with individuals, on the basis of the constitution and laws, in accordance with » requirements of law, of which recognition is essential, and the guarantor

92 Chapter 3. Operation and Implementation of Constitutions

tisation of the inalienable rights and freedoms of man and citizen.

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

The rule of law is possible only with the proper organization of the public authority itself, excluding its monopolization and ensuring the compliance of its entire system (structure, powers of certain types of bodies, methods of formation, forms of activity, etc.) with the requirements of law. Experience has shown that the best way of such an organization is the division of state power into legislative, executive and judicial. Thus, the constitutional principle of a state governed by the rule of law is embodied in a number of particular principles, which include: separation of state power; rule of law, constitution and laws, mutual responsibility of the state and the individual; respect for the rights and freedoms of people and citizens; judicial protection of persons and other subjects of social 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 social state (Article 7 of the Constitution of the Russian Federation), it is necessary to take into account such principles as equality of all before the law and court, respect for human and civil rights and freedoms, freedom of economic activity, inviolability of private property. It follows from the meaning of constitutional provisions that the achievement of the goals of the social state is impossible without the implementation of effective economic activity in society 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 when determining the measure and volume of redistribution of property in order to eliminate unjustified social differences, it is inadmissible to transform the social state into one that takes

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complete 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 solution that is most consistent with the constitutional principle. Often, constitutional principles serve as an additional legal argument in making decisions by judicial and other law enforcement bodies in specific cases.

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

An example of the Court's consideration of the interaction of constitutional principles is the resolution of the Constitutional Court of the Russian Federation of July 22, 2002 No. 14-L on the case of checking the constitutionality of a number of provisions of the Federal Law No. 144-FZ of July 8, 1999 “On the restructuring of credit organizations”. 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 terms of amicable agreements in the process of restructuring credit institutions, and the interests of the poor were taken into account and other socially unprotected categories of the population.

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 im-

Chapter 3. Operation and implementation of the constitution

the legal principles of regulation, which are inherent to them, arising from the meaning and spirit of the Constitution of the Russian Federation, do not allow establishing such a procedure for concluding an amicable agreement during the restructuring of a credit institution, in which, by reducing payments to other creditors, citizens-depositors would receive the deposits due to them in full. Anything else would be contrary to what is enshrined in Part 3 of Art. I7 of the Constitution of the Russian Federation, the principle according to which the exercise of human and civil rights and freedoms should not violate the rights and freedoms of others.

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