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Constitutional law. Constitutional law Constitutions and charters of subjects of the Russian Federation

The basic law of the state, which determines its social and state structure, the electoral system, the principles of organization and activities of public authorities and administration, the basic rights and obligations of citizens.

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Constitution

from lat. constitutio device)

the fundamental law of the state, a legal act that proclaims and guarantees the rights and freedoms of man and citizen, determines the foundations of the social system, the form of government and territorial structure, the foundations of the organization of central and local authorities, their competence and relationships, state symbols and the capital. The Constitution is the basis of all current legislation. In a formal sense, a constitution is a law or group of laws that has the highest legal force. The constitution is the highest legal form in which the values, institutions and norms of the constitutional system, the foundations of the state- legal regulation authorities. Lawyers distinguish between the concepts of legal and actual constitution. The legal constitution is a system of legal norms that regulate a certain range of social relations; the actual constitution is constituted by real-life relations. According to the form of the constitution, they are divided into codified, non-codified and mixed type. The codified constitution is a single legal act that regulates all major issues of a constitutional nature. If these matters are regulated by several acts, then the constitution is uncodified. Mixed constitutions include parliamentary laws, judicial precedents, customs, and doctrinal interpretations. According to the method of changing the constitution, they are divided into flexible and rigid. Flexible constitutions can be changed by customary law. Rigid constitutions are changed only through a special complicated procedure that requires a qualified majority of votes of members of parliament (sometimes a referendum), ratification of amendments by a certain number of subjects of the federation. According to the terms of the constitution, they are divided into permanent and temporary.

The Constitution of the RSFSR of 1918 was the first to be adopted on the territory of Russia. Russia has a constitution Russian Federation, which is the fundamental law of the Russian state; has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation. It was adopted by popular vote on December 12, 1993; consists of a preamble, two sections, nine chapters, 137 articles and nine paragraphs of transitional and final provisions. The Constitution establishes the foundations of the constitutional order of the Russian Federation, the rights and freedoms of man and citizen, the federal structure, and the organization of the highest bodies of state power. Of particular importance in the life of the state and society are constitutional principles - requirements enshrined in the constitution, in accordance with which a system of legal regulation should be formed. constitutional principles determine the foundations of the constitutional order of the state as a whole, its individual institutions, political system, the legal status of a person and a citizen, the territorial organization of the state, the economic system. Constitutional principles legally build the content of the constitution and laws issued in its development. In accordance with the Constitution of the Russian Federation, the foundations of the constitutional system of Russia are the republican form of government (republicanism), popular sovereignty, priority of human and civil rights and freedoms, separation of powers, federalism. The principle of observance of the constitution and constitutional legal acts by all authorities, courts and citizens is called constitutionality (constitutional legality).

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1) Constitution
The Constitution is the fundamental law of the state. It is an act of the highest legal force. No legal act on the territory of the state can contradict the Constitution of the state. The special place of the Constitution in the system of normative acts is determined by its two main properties:

The Constitution is of a constituent nature, i.e. establishes the foundations for regulating social relations, the foundations of the state, social system. The provisions of the Constitution find their development in sectoral legislation.
The Constitution fixes the hierarchy of normative legal acts, their subordination, the legal force of this or that act.

2) Federal constitutional laws
Federal constitutional laws (FKZ) are adopted only on issues expressly provided for by the Constitution. For example, federal constitutional laws regulate the activities of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, the President, the Government, and a number of other issues. Constitutional laws develop the provisions of the constitution. They have the highest legal force in comparison with other laws.

a category of laws of special significance adopted on issues specifically stipulated in the text of the Constitution of the Russian Federation. In the hierarchy of sources of law, they are higher than simple laws. They can be adopted only on issues referred by the Constitution (Article 71) to the jurisdiction of the federation. According to Part 3 of Article 76 of the Constitution of the Russian Federation, federal laws cannot contradict federal constitutional laws.

Federal constitutional laws refer to the type of laws that are called organic laws in constitutional law, but the Constitution of the Russian Federation does not use this term itself. The importance of federal constitutional laws determines the special procedure for their adoption: approval by a majority of at least three-quarters of votes from total number members of the upper house of parliament - the Federation Council, and at least two-thirds of the total number of deputies of the lower house - the State Duma, that is, by a fairly complex qualified majority of votes. In the same manner as federal constitutional laws, amendments to those chapters of the Constitution are adopted where they are possible (see revision of the constitution). No presidential veto applies to federal constitutional laws.

The Constitution of the Russian Federation provides for the adoption of federal constitutional laws on a number of issues, for example: the basis and procedure for introducing a state of emergency on the territory of the Russian Federation and in its individual areas and the establishment of possible restrictions on fundamental rights and freedoms in a state of emergency (Article 56); State flag, coat of arms and anthem of the Russian Federation, their description and procedure for official use (Article 70, Part 1); appointment of a referendum (Article 84, point “c”); the procedure for establishing a new subject of the federation or changing the status of a subject of the federation (Article 65, Part 2; Article 66, Part 5); procedure for the activities of the Government of the Russian Federation (Article 114, part 2); the judicial system of the Russian Federation (Article 118, part 3); powers, procedure for the formation and operation of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other federal courts (Article 128, part 3); the procedure for introducing constitutional amendments (Article 135, part 2; Article 137). So far, of the federal constitutional laws provided for by the Constitution, only the Law on the Constitutional Court of the Russian Federation, the Law on the Arbitration Court and the Law on the Referendum have been adopted.

Anticipating the text of the article, I want to warn the dear reader that its main volume was written in 2005 and slightly supplemented shortly before it was posted on KONT. However, due to ongoing Lately events, it not only has not lost its relevance, but, it seems to me, has acquired even greater significance. The very comparison of the State Duma with a "mad printer" speaks volumes.

What has been happening in Russia since the entry into force of the current Constitution cannot be described otherwise than as a creeping constitutional coup, carried out through the consistent adoption of unconstitutional laws and other legal acts. The last point in this process was the adoption of amendments to the laws "On the Election of Deputies of the State Duma of the Russian Federation" and "On the Election of Heads of the Executive Power of the Regions", which, even in the previous edition, not only in particular, but also fundamentally contradicted the Constitution. The current Constitution does not allow the formation of bodies of legislative (representative) power according to a proportional system, i.e. according to the lists of political parties and associations.

Why did such a situation arise in which it became possible not only to adopt, but also to apply unconstitutional laws? In order to understand this, let's make an excursion into our recent past. Let's start with the entry into force of the current Constitution.

In order not to be unfounded and not to become like our "legalists", arguing my statements, I will refer to the provisions of the Constitution in their organic interconnection, as required by the principles of interpretation of this legal act.

So, the Constitution came into force. According to paragraphs 2, 5 of the final and transitional provisions of the Constitution, articles 10, 11, 93, 100, 104, 118, 120, 123, 125 of the Constitution, the judges of the Constitutional Court are obliged to begin to fulfill their constitutional duties on the basis of the law on the Constitutional Court of the RSFSR in, parts that do not contradict the current Constitution (part 2 of the final and transitional provisions of the Constitution).

According to Part 5 of Article 125 of the Constitution, - "The Constitutional Court 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, the legislative authorities of the constituent entities of the Russian Federation, interprets the Constitution of the Russian Federation."

It follows from this provision of the Constitution that the Constitutional Court is obliged to give the most complete, abstract interpretation of all provisions of the Constitution in the form of a separate legal act. I want to note that the Constitution is the only legal act for which the procedure for interpreting its provisions is established and which determines the state authority that is entrusted with the duty to give this interpretation.

The obligation of the subjects of appeal, listed in Part 5 of Article 125 of the Constitution, is not stipulated by anything, in contrast to the content of the norms of the current law "On the Constitutional Court of the Russian Federation" concerning the interpretation of the Constitution. According to Article 36 of the said Law, "The basis for the consideration of the case is the revealed uncertainty ... in understanding the provisions of the Constitution of the Russian Federation, ..".

According to Article 74 of the same law, "the Constitutional Court of the Russian Federation adopts decisions and gives opinions only on the subject specified in the appeal, and only in relation to that part of the act or the competence of the body, the constitutionality of which is called into question in the appeal." Moreover, according to the judges of the Constitutional Court, the Constitutional Court only checks the laws in force and other legal acts, despite the fact that this is not at all obvious, even based on the meaning of the norms of the Law itself.

Following the logic of the developer of this Law (and they were, among other things, the judges of the Constitutional Court), the legislative (rule-making) body is given the right to interpret the Constitution, since the Constitutional Court, in the opinion of the judges of the Constitutional Court, interprets the Constitution only if the subject of the appeal has a misunderstanding of the meaning of a specific provision of the Constitution, which contradicts the provisions of part 4 of article 3, part 5 of article 125 of the Constitution. Taking into account the mentality of officials of public authorities, the level of their legal awareness and other factors, a situation may arise in which these persons will not have any doubts about understanding the meaning of the provisions of the Constitution. This assumption is confirmed by the fact that for the entire period of the Constitution's validity, the Constitutional Court received requests related to the "misunderstanding" of those of its provisions that fix the powers of state authorities and the principles of their differentiation. That is, state authorities and their officials are concerned only with how to divide the "portfolios" and how to fill them?

I want to draw the attention of a respected reader to the fact that in part 5 of Article 125 of the Constitution, only those subjects of circulation are listed that, under the Constitution, are empowered to adopt laws and other legal acts. And this is not accidental, since it is precisely for the legislative (rule-making) body that an official interpretation of the Constitution is necessary, which can only be given by the Constitutional Court. It is on the basis of the official interpretation of the Constitution that the legislative (rule-making) body has the right to develop laws and other legal acts. Otherwise, a legal conflict arises, since the legislative (rule-making) body, in the absence of an official interpretation of the Constitution, actually assigns the powers of the Constitutional Court to interpret the Constitution, and according to part 4 of article 3 of the Constitution, "No one can appropriate power in the Russian Federation. Capture power or the misappropriation of power is punishable under federal law." It is noteworthy that the two most socially dangerous types of crimes, directly indicated in the chapter that establishes the foundations of the constitutional order of the Russian Federation, were not reflected in the Criminal Code. And this is no coincidence, officials of public authorities, primarily senior officials, do not want to be held accountable for their malfeasance. With the palisade of the norms of the current legislation, they protected themselves not only from the possibility of criminal punishment, but also from the possibility of criminal prosecution, which contradicts the provisions of Part 4 of Article 3, Article 19, Articles 52, 53, 122 of the Constitution.

The legal conflict, in terms of the interpretation of the Constitution, is inherent in the law "On the Constitutional Court of the Russian Federation". In the absence of an official interpretation of the Constitution, when developing this or that norm of a law, legal act, the legislative (rule-making) body interprets the provisions of the Constitution based on its own, personal understanding of its provisions, often distorting its meaning, not only because it is illiterate in the legal sense, but often, proceeding from other motives, including mercenary ones.

It must be understood that Part 5 of Article 125 of the Constitution is not talking about the interpretation of its individual provisions in relation to specific case, but about a full, comprehensive, abstract interpretation of the Constitution, which is mandatory both for the subjects of appeal listed in Part 5 of Article 125 of the Constitution, and for the judges of the Constitutional Court themselves. Otherwise, a situation arises that is described by the words of the proverb "the law - that the drawbar ...". And it is this principle that is laid down, both in the current law "On the Constitutional Court of the Russian Federation", and in all legislation, and the same principle is professed by officials of state authorities of all its branches, manipulating the minds of people, distorting the meaning of the provisions of the Constitution.

It must also be realized that the Constitutional Court is not a court in the usual sense of the word, the principles of legal proceedings in most of its powers are not applicable to it. The Constitutional Court is a kind of Chamber of Weights and Measures, but only in the field of law. The Constitutional Court, exercising its powers, acts in three guises, depending on the issue it resolves:

firstly, as the highest legislative body of state power in terms of the interpretation of the Constitution, including in connection with the introduction of amendments to the Constitution. And it should be accepted not in the process of judicial proceedings, but in the procedures for the adoption of a legal act of the appropriate level, given that the "Interpretation of the Constitution", as a legal act, in its legal force is higher than the level of the federal constitutional law, but lower than the level of the Constitution;

secondly, as a body of constitutional control in terms of:

Checks prepared for the adoption of laws and other legal acts, including international treaties, for compliance with the Constitution, including in connection with the introduction of amendments and additions to existing laws and other legal acts, since, part 1, article 15 of the Constitution, the adoption of legal acts that contradict the Constitution is prohibited;

Verification of laws and other legal acts for compliance with the Constitution on complaints from citizens and other persons who believe that their rights and freedoms may be violated or are violated by a law or other legal act, as well as by banning the court, in the case when the court comes to the conclusion that the law or other legal act to be applied or applied in a particular case is contrary to the Constitution;

Checks of laws and other legal acts, including international treaties adopted before the entry into force of the current Constitution and passed a preliminary check in the order of abstract normative control in the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation;

Checks of unconstitutional laws and other legal acts adopted after the entry into force of the current Constitution, but for some reason "leaked" into law enforcement practice through the "sieve" of procedures to give these laws legal force.

Decisions of the Constitutional Court in this part of the powers should be issued in the form of resolutions recognizing (or not recognizing) laws and other legal acts or their individual provisions as constitutional (or unconstitutional) and containing direct indications that the subjects of appeals listed in part 2 of Article 125 of the Constitution must be executed , as well as proposals (using the right of legislative initiative) concerning the substantive part of laws and other legal acts. The adoption of decisions of the Constitutional Court in this part of the powers is carried out in the procedures for the adoption of amendments to draft laws, and not in the procedures for judicial proceedings;

Also conclusions on compliance with the procedure for bringing charges against the President;

thirdly, as a judicial body in terms of the powers established by part 3 of article 125 of the Constitution.

According to the provisions of the Constitution and the law "On the Constitutional Court of the Russian Federation" itself, federal constitutional laws and federal laws acquire legal force subject to the following procedures:

1) verification of laws in the Constitutional Court in full before their adoption (approval) by the State Duma and the Federation Council (Articles 2, 15, 17, 18, 16, 125 of the Constitution);

2) adoption (approval) of laws by the State Duma (Articles 105, 108 of the Constitution);

3) approval of laws by the Federation Council (articles 105, 106, 108 of the Constitution);

4) signing of laws by the President (articles 84, 107, 108 of the Constitution);

Failure to comply with at least one of the listed procedures means that the federal constitutional law or federal law does not have legal force. Laws and other legal acts that do not have legal force are not subject to enactment, application and execution.

From the foregoing, four important conclusions follow regarding the interpretation of the Constitution:

1. Subjects of applications listed in paragraph 5 of Article 125 of the Constitution, regardless of whether they correctly or incorrectly understand the meaning of the provisions of the Constitution, are obliged to apply to the Constitutional Court with a request for interpretation of the Constitution.

2. Subjects of appeals listed in part 5 of article 125 of the Constitution are prohibited from developing laws and other legal acts in the absence of an interpretation of the Constitution.

3. Regardless of whether or not a request for interpretation of the Constitution has been received, the Constitutional Court is obliged to give the most complete, comprehensive, abstract interpretation of the Constitution.

4. The official "Interpretation of the Constitution of the Russian Federation" should be the first legal act adopted by the Constitutional Court after the entry into force of the current Constitution, since its absence hinders further law-making (rule-making) activities.

The creation of the "Interpretation of the Constitution of the Russian Federation" as a legal act, the judges of the Constitutional Court were obliged to take care of from the moment the text of the Constitution was submitted for public discussion, taking into account the fact that many judges of the Constitutional Court were directly involved in the development of the draft Constitution, and in connection with this could not but foresee the sequence established by the Constitution, the adoption of legal acts.

However, in violation of the provisions of paragraphs 2, 5 of the final and transitional provisions of the Constitution, articles 10, 11, 93, 100, 104, 118, 120, 123, 125 of the Constitution, in violation of the oath, the judges of the Constitutional Court began to fulfill their constitutional duties after one and a half years from the date of entry into force of the current Constitution. During this time, the State Duma and the Federation Council, in violation of the Constitution, adopted a number of fundamental laws that contradict the Constitution not only in particular, but also in their essence. In particular, the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" was adopted, which, in violation of the provisions of Article 2, Article 15, Article 16, Article 18, Article 125 of the Constitution, allows not only the adoption, but also the application of an unconstitutional law or other legal act , gives the right to both the legislator and the law enforcer to interpret the Constitution at their own discretion. And if we take into account that many judges of the Constitutional Court took part in the development of this law, then we can judge the level of legal awareness of these people.

In this regard, I would like to quote from publications and interviews of the Chairman of the Constitutional Court, Mr. V.D. Zorkin.

In the magazine "Journal of Russian Law", N 6 of June 1, 2004, the Chairman of the Constitutional Court, Mr. V.D. Zorkin writes, “I want to note that I am not a conservative opponent of any changes. Life goes on, reality changes. The Constitution is not a “sacred cow”.

I would like to remind Mr. V.D. Zorkin and other judges of the Constitutional Court that as long as the Constitution is not amended, for you, gentlemen I do not respect, the Constitution is sacred, since the Constitution itself entrusts the Constitutional Court with the duty to protect it. And the Constitution is not a cow, as you deigned to put it, Mr. Zorkin, but the fundamental law of the Country.

It is no coincidence that the laws in force are so depressing in their content and so contradictory to the Constitution that the representatives of the authorities, called upon to protect the Constitution, put it below the representative of the fauna, even if it is sacred.

And then, from this statement it follows that a bunch of crooks can, through the interpretation of the Constitution, change, in fact, the Constitution itself, despite the fact that even under the Law, the interpretation of the provisions of the Constitution given by the Constitutional Court is binding on everyone, including judges of the Constitutional Court.

In an interview, Mr. V.D. Zorkin also makes other judgments, for example:

"The Constitutional Court, as the guardian of the Constitution, of course, interprets the spirit of the Constitution in relation to time. This allows it to change its legal positions, but there are certain restrictions. The Constitutional Court cannot be guided by the pure letter of the Constitution and must find its spirit" (October 22, 2004, INTERFAX ).

It is difficult to imagine a person with a more perverted sense of justice. I hope the reader understands the extent of the danger posed to society by people with such a sense of justice, given that the Constitutional Court actually determines what the current legislation will be like.

"The main task of the Constitutional Court is not to prepare amendments to the Constitution, but to preserve the current Constitution, its spirit and letter" (February 11, 2005, INTERFAX).

Mr. V.D. Zorkin, however, like the rest of the judges of the Constitutional Court, should have decided - the Constitutional Court is the custodian of the Constitution, its spirit and letter, or interprets it depending on market conditions, since it is not a "sacred cow". And then, Mr. Zorkin, does the Constitutional Court have the task of preparing amendments to the Constitution, and if so, then I would like to know who assigned it?

"Our task - the judges of the Constitutional Court - is to ensure strict observance of the fundamental law, the correctness and clarity of its interpretation" (February 10, 2005, INTERFAX). This is something one cannot but agree with. Only the question arises, where is this very interpretation of the Constitution, besides - correct and clear? And, is it not the current composition of the Constitutional Court that is going to accept it?

And here is the "legal position" of the Constitutional Court, which was reflected in the ruling in a particular case:

DECISION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION No. 21-O

on the refusal to accept for consideration the complaint of citizens Alyosha Andrey Mikhailovich and Alesh Elena Mikhailovna on violation of their constitutional rights by the provisions of Articles 3, 43, 96 and 97 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”

“The norms of Articles 3, 96 and 97 of the said Law contested by the applicants, in essence, reproduce and specify the constitutionally established authority of the Constitutional Court of the Russian Federation to protect the rights of citizens, and, therefore, resolving the issue raised by the applicant would actually mean an assessment of Article 125 of the Constitution of the Russian Federation defining the powers of the Constitutional Court of the Russian Federation, which the Constitutional Court of the Russian Federation is not entitled to do”.

As for the reproduction and specification of the provisions of Part 4 of Article 125 of the Constitution by the norms of Articles 3, 96 and 97 of the Law "On the Constitutional Court of the Russian Federation", this statement is a blatant lie. Firstly, because the listed articles of the Law distorted the provisions of the Constitution, and secondly, the very provision of part 4 of Article 125 of the Constitution specifies the duty of the Constitutional Court, on the basis of complaints from citizens and requests from the courts, to check for compliance with the Constitution, and to be more precise, for compliance The interpretation of the Constitution, laws and other legal acts adopted before the entry into force of the current Constitution (the current Constitution does not allow the adoption of laws and other legal acts that contradict it) and is of a private nature. In the general case, in accordance with Article 2, Article 15 (Parts 1, 2, 4), Article 16, Article 17 (Part 1), Article 18, Article 45 (Part 1), Article 46 (Part 1), Article 47 (part 1), article 55, article 56 (part 3), article 118 (part 2) of the Constitution, articles 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the right of citizens to judicial protection and to apply to court, including and constitutional, cannot be limited by anything even in a state of emergency.

The conclusion that the Constitutional Court has no right to assess Article 125 of the Constitution (as well as any other provision of the Constitution) cannot be called anything other than Jesuitical, since the interpretation of the Constitution is the legal assessment of its provisions. And the Constitutional Court is not only not entitled to assess its provisions, but is obliged - by virtue of the same Constitution. The powers of the Constitutional Court to protect the rights and freedoms of citizens consist in preventing the adoption, and even more so the application of a law or other legal act that contradicts the Constitution (Interpretation of the Constitution), since it is at the legislative level that the rights and freedoms of citizens, mechanisms for their implementation and protection are fixed .

An attentive reader has noticed that in the above paragraph of the Ruling of the Constitutional Court, as well as in the whole reasoning part of the Ruling, Article 43 of the law "On the Constitutional Court of the Russian Federation" is not mentioned. And this is no coincidence. Article 43 of the Law lists the grounds for refusing to accept an appeal for consideration. One of the grounds is the inconsistency of the appeal with the admissibility criteria, in this case, enshrined in Article 97 of the Law.

The Constitutional Court was not entitled to refuse to accept this application, since the provision of paragraph 2 of Article 43 of the Law, among others, is disputed by the applicants.

The Constitutional Court was not entitled to refuse to accept the application on the basis of paragraph 3 of Article 43 of the Law, since neither the contested norms of the Law, nor the Law itself were the subject of consideration in the Constitutional Court, and the Constitutional Court did not take a decision in the form of a decision on the compliance or non-compliance of the Law "On Constitutional Court of the Russian Federation" of the Constitution. In fact, the Constitutional Court in its decisions refers to an unconstitutional Law, a Law that has no legal force, since it did not pass the test for compliance with the Constitution (Interpretation of the Constitution) in the Constitutional Court, and therefore could not be adopted and published.

But that's not all, the Constitutional Court violates the norms of the Law itself. In particular, the norms of Article 74 of the law "On the Constitutional Court of the Russian Federation", resolving the case not within the framework of the stated requirements, but to the extent determined by the Constitutional Court itself, unlawfully narrowing the range of the stated requirements.

The Constitutional Court violates the norms of Article 3 of the law "On the Constitutional Court of the Russian Federation", since it is based on the materials of the case considered by the court of general jurisdiction, when resolving the issue of the scope of the claims to be considered, stated in the appeal.

The Constitutional Court violates the provisions of part 4 of article 3, article 118 of the Constitution, article 3 of the law "On the Constitutional Court of the Russian Federation", going far beyond the limits of its decision-making powers.

As an example, I will cite the operative part of the Resolution of the Constitutional Court in the case of checking the constitutionality of the provision of paragraph 11 of Article 51 of the Federal Law of June 24, 1999 “On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation”

"Based on the foregoing and guided by the first and second parts of Article 71, Articles 72, 75, 79 and 87 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation

p o s t a n o v i l:

1. Recognize that it does not comply with the Constitution of the Russian Federation, its articles 3 (part 3), 19 (parts 1 and 2), 30 (parts 1 and 2), 32 (parts 1 and 2) and 55 (part 3), the provision of paragraph 11 Article 51 of the Federal Law “On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation”, according to which, in the event of the withdrawal of one or more candidates who occupied the first three places in the federal part of the certified federal list of candidates (except for cases of withdrawal due to compelling circumstances specified in paragraph 16 of this article), the Central Election Commission of the Russian Federation shall refuse to register the federal list of candidates or cancel it.

Recognition of the said provision of Clause 11 of Article 51 of the Federal Law “On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation” as inconsistent with the Constitution of the Russian Federation does not affect the results of the elections to the State Duma held on December 19, 1999, and cannot serve as a basis for revising their results.

In this case, regarding the recognition or non-recognition of the results of the elections to the State Duma, the Constitutional Court resolved the issue within the jurisdiction of the court of general jurisdiction and, having assigned powers, prejudged the decision of this court.

The violations of the provisions of the Constitution and the law “On the Constitutional Court of the Russian Federation” listed above were committed by the Constitutional Court when adopting the vast majority of rulings and resolutions. In order to be convinced of this, I suggest that readers visit the website of the Constitutional Court, posted on the Internet, and familiarize themselves with its definitions and decisions.

The Constitutional Court deliberately violates not only the Constitution, but also the Law, since the current composition of the Constitutional Court sees its main task not to protect the Constitution, violated rights and freedoms of citizens, but to protect the corporate and other interests of government officials, including their personal ones.

Over the past years, citizens have repeatedly sent complaints to the Constitutional Court in order to verify both individual provisions of the law “On the Constitutional Court of the Russian Federation” and the Law as a whole. However, in violation of the Constitution and the Law, the Constitutional Court refused to accept such complaints, knowing full well that, by virtue of the current legislation, the law “On the Constitutional Court of the Russian Federation” will never be the subject of consideration in the Constitutional Court, since it cannot be applied or subject to application in a particular case before a court of general jurisdiction. This Law will not be the subject of consideration and at the request of the state authorities listed as subjects of appeal in parts 2 and 4 of Article 125 of the Constitution, since for them, bringing this Law into line with the Constitution is dangerous and fraught with consequences up to criminal prosecution.

The criminal nature of the actions and inaction, first of all, of the judges of the Constitutional Court has led to the fact that at present there are no legitimate bodies of state power and local self-government in Russia, since they are formed on the basis of laws that have no legal force. Laws do not have legal force insofar as none of them passed the test for compliance with the Constitution (Interpretation of the Constitution) in the Constitutional Court and were adopted by illegitimate state authorities. Moreover, the criminal nature of the activities of judges of the Constitutional Court, legislative, executive, judicial bodies of state power was assumed at the stage of drafting the draft law “On the Constitutional Court of the Russian Federation”. It is impossible to explain the blatant inconsistency of this Law with the Constitution by the legal ignorance of the judges of the Constitutional Court, given the fact that the judges of the Constitutional Court were directly involved in the development of the draft law, and naturally, due to their education and qualifications, could not but see this inconsistency and inconsistency of the norms of the Constitutional Court itself. Law.

The criminal nature of the activities of the judges of the Constitutional Court is not limited to the above facts. Regular meetings of judges of the Constitutional Court with V.V. Putin are of a criminal nature, since they occur not only in violation of the Constitution, but also the current legislation, given the fact that the President of the Russian Federation, according to the Constitution, is a permanent subject of appeal to the Constitutional Court. Officials of a public authority, who are charged with the duty to be independent of anyone (Articles 10, 11, 120 of the Constitution, Article 29 of the law “On the Constitutional Court of the Russian Federation”), make direct contacts with the highest official of the executive branch of state power .

The judges of the Constitutional Court know that the current Constitution establishes both the procedure and forms of interaction between officials of state authorities of its various branches, and no one is allowed to violate this order. According to Article 29 of the law “On the Constitutional Court of the Russian Federation”, “Judges of the Constitutional Court of the Russian Federation make decisions under conditions that exclude outside influence on their freedom of expression. They are not entitled to request or receive instructions from anyone on issues accepted for preliminary study or considered by the Constitutional Court of the Russian Federation". At the same time, the actions of V.V. Putin testify to pressure on the judges of the Constitutional Court, which is a violation of both the Constitution and the Law. According to Article 29 of the law "On 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 prescribed by law."

The very fact of summoning the judges of the Constitutional Court (and not only the constitutional one) to the "carpet" was the basis for the dismissal of President V.V. Putin from office and bringing him to criminal liability. Judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court take such "invitations" as an honor shown to them, and at the same time they rant about the lack of independence of judges, pretending that they do not understand the origins of this phenomenon.

The feeling of independence is a state of the human spirit. A person with a slave psychology cannot be independent, even if he is given independence. The most disgusting thing in public life it is a slave with power. He is obsequious and servile to superiors, equal to himself - rude, becomes a tyrant with subordinates. The only means that can reason with such a person is batogi. Speaking of batogs, I mean severe penalties provided by law for failure to perform or improper performance of duties assigned to an official of a public authority, whose actions or inaction led to a violation of the rights and freedoms of citizens, to undermine the foundations of the constitutional order. Let me remind the gentlemen in power that authority is not a right, authority is a duty. Did, by adopting the Constitution, the citizens of Russia endowed the deputies with the right to adopt unconstitutional laws, or gave the President the right to violate the Constitution, or was the court allowed to make illegal decisions and issue unjust sentences? No sir, We didn't give you rights, We gave you powers! Read, gentlemen, officials, the provision of the first part of Article 3 of the Constitution, it is written there who is the bearer of the right! However, do not confuse your civil rights with the powers you have under the Constitution or the law. The right implies freedom of choice, while the powers do not have such a criterion.

Official meetings of the highest representatives of the judicial and executive authorities are in the nature of collusion. How else can one explain that after such meetings, presidential initiatives appear in the form of amendments to the laws "On the Election of Deputies of the State Duma" and "On the Election of Heads of the Executive Power of the Regions", which are adopted with a bang by the State Duma and the Federation Council? Or court decisions are made that do not fit into the legal framework and norms of laws.

Is it not for this kind of loyalty and "impartiality" that President V.V. At the All-Russian Congress of Judges, Putin promised representatives of the judiciary to raise their salaries three times, and is this not evidence of bribing judges by the executive branch? Which of the judges, after this, will come up with the idea of "biting" the hand of the giver?

The same can be said about the meetings of V.V. Putin and senior officials of the State Duma and the Federation Council, after which the legislator passes anti-constitutional laws. It got to the point that officials of the Presidential Administration summon deputies of the State Duma and give them instructions on how and in what form to adopt this or that law.

President Putin, at one time, with the help of the "pocket" Federal Assembly and the Constitutional Court, formed a vertical of power, pursuing the goal of creating a unitary state and establishing the omnipotence of the nomenklatura party. Our officials are haunted by the dubious glory of the CPSU - "leading and directing." It is no coincidence that, at the suggestion of the Kremlin, the party " United Russia"and the Liberal Democratic Party promote the idea of establishing in Russia a Chinese model of political leadership of the country, and in fact a return to the period of omnipotence of the top of the CPSU. Is it really not clear that lies, hypocrisy, moral and intellectual degradation of uncontrolled power led, at one time, to economic and spiritual decline Soviet society and collapse Soviet Union? How many times do we need to step on the same "rake" to understand this?

I would like to remind the representatives of parties and social movements that the predominance of representatives of one party or another, one or another social movement in power structures does not give them the right to establish their ideology at the legislative level and solve their narrow party tasks. The current Constitution does not allow for the establishment, at the legislative level, of any exceptions, preferences or privileges for parties and social movements. The current Constitution does not allow the formation of legislative (representative) bodies of power according to the proportional system (according to party lists). The only right of parties and social movements, in the sphere of formation of public authorities, is the nomination of their candidates for certain public posts. And precisely because our "chosen ones", with the complicity of the Constitutional Court, violated the fundamental principles of the formation of state authorities, all the negative phenomena that struck our society became possible. Power, formed on the principle of you to me - I to you, generates its own kind at all levels. It decomposes itself and corrupts society. It creates a regime of arbitrariness and lawlessness in the country. It is not under the control of society and stands guard over its interests, adopting appropriate laws, ignoring the Constitution.

The principles for the formation of legislative (representative) bodies of state power and the appointment of heads of regions, established by the current legislation, clearly show their viciousness and inconsistency with the Constitution.

The norms of the law "On Elections of Deputies of the State Duma of the Russian Federation" contradict the provisions of Part 2 of Article 96, Part 1 of Article 97, Article 2, Part 3 of Article 3, Parts 2 and 4 of Article 13, Article 18, Article 19, Part 2 of Article 30, Part 2 of article 32, parts 2 and 3 of article 55 of the Constitution. In addition, the principle of forming legislative (representative) bodies of state power according to a proportional system contradicts the provision of Article 1 of the law "On the Election of Deputies of the State Duma", according to which, the election of deputies is carried out on the basis of "universal, equal and direct suffrage by secret ballot". ".

Legislative (representative) authorities and heads of regions become beyond the control of society not only formally, but also in fact. A deputy "elected" under a proportional system, in principle, cannot express the interests of the people, since he is not elected by them, but, in fact, is appointed by the party elite. And, established by the Regulations of the State Duma, the principle of consolidated voting is a vivid proof of this.

Over the years that have passed since the adoption of the current Constitution, many deputies and other representatives of the authorities have repeatedly stated that the laws are what the Constitution is, saying at the same time - "what they wanted, they got." Perhaps it will be a revelation for many if I say that the laws are such because you, gentlemen, deputies, adopted them in violation of the Constitution and laid down unconstitutional norms in them, and the Constitution has absolutely nothing to do with it.

When adopting the current Constitution, the citizens of Russia proceeded from the fact that, regardless of party affiliation, representatives of this or that party, this or that social movement, independent deputies will implement the ideology and those principles that are enshrined in the Constitution. And no narrow party guidelines, other considerations can be higher than this ideology and these principles. And if someone thinks otherwise, then he is deeply mistaken in this.

I did not accidentally highlight the word ideology in the text. In the last two or three years, calls to change the Constitution of the Russian Federation have become more frequent on the Internet, associated with criticism of its provisions enshrined in part 4 of Article 15 and Article 13. The first provision establishes the priority of international law over national law, the second establishes a ban on state, or obligatory ideology . These legal conflicts are resolved within the framework of the Interpretation of the Constitution and the review of laws and international treaties for compliance with the Constitution. They arose precisely because the judges of the Constitutional Court did not and do not fulfill their constitutional duties. And now, in the absence of a legal framework that has legal force, they are trying to protect the interests of the Russian Federation in confrontation with the ECtHR and other judicial bodies, appropriating powers that they are not endowed with.

I would especially like to draw the attention of respected readers to the provision of Article 13 of the Constitution. It is difficult to come up with a more ridiculous provision, given the fact that the state ideology originates in the Constitution of the country and is enshrined in its laws. There is no state without ideology! Those who introduced this provision into the Constitution are notorious scoundrels. This provision is purely declarative, and under no circumstances can be fulfilled, since, I repeat, the state ideology is implemented through its legislation. And knowing this, the scoundrels have been introducing a bourgeois, liberal ideology in Russia for a quarter of a century, contrary to the socially oriented, socialist in spirit ideology enshrined in the Constitution.

One could continue to give examples of crimes committed and committed by the current government, but I will not do this for two reasons:

firstly, because many have long understood the criminal nature of the activities of the current government and its goals;

secondly, for those who have not yet figured out the essence of what is happening, I think I have given enough facts and evidence.

And finally, as a result of criminal activity and inaction of the authorities in the country, a situation has developed in which:

There are no laws that have legal force;

There are no legitimate bodies of state power, state bodies, local self-government bodies;

There are no legitimate officials of public authorities, state bodies, local governments.

Power in the country has been usurped by the nomenklatura, which is, in fact, organized crime groups.

The country lives outside the legal framework! Lives by concept! According to the concepts of the criminal world!

Kudashov Alexander

Distribution of the article is welcome.

this is a law that in a number of states amends or supplements the constitution, or a law, the adoption of which is expressly provided for by the Basic Law. In Russia, it is called a federal constitutional law and is adopted by a qualified majority of votes of both houses of parliament on issues expressly provided for by the Constitution of the Russian Federation (for example, the Federal Constitutional Law "On a referendum in the Russian Federation").

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CONSTITUTIONAL LAW (federal constitutional law)

one of the types of normative legal acts of the Russian Federation, provided for by the Constitution of the Russian Federation.

K. z. - one of the most controversial concepts of constitutional law, causing various interpretations.

On the subject of regulation, the following practical and scientific approaches can be identified: K. z. consider one or more acts that together form (officially or in fact) the constitution of the state. For example, the Constitution of Austria is officially called the Federal Constitutional Law. Or, for example, with the transformation in 1961 of the Tuva Autonomous Region into the Tuva Autonomous Republic as part of the RSFSR, the Supreme Council of the TASSR adopted 4 laws on issues of its social structure and state organization. At that time, the imminent adoption of the new Constitution of the USSR, respectively, of the RSFSR was assumed (in fact, everything dragged on until 1977), therefore, to adopt the Constitution autonomous republic before their appearance was considered inappropriate. These acts together fulfilled the role of the Constitution of the ASSR (and made up for its absence). They were not called Constitutional Laws, although they carried out their purpose; A constitutional law is a law that regulates certain social relations instead of the chapter of the constitution that is canceled with its adoption or in addition to the constitution. Such a K. z. acts together with the constitution, becomes part of it. For example, until 1968 Czechoslovakia was a unitary state. In 1968, it was transformed into a federal state, the Constitutional Law on the Czechoslovak Federation was adopted, replacing the corresponding part of the Constitution of this country. Naturally, this act became an integral part of the Constitution of Czechoslovakia; K. z. in the practice of some countries and according to the position of individual scientists, laws on amendments and additions to the constitution are considered; according to a number of authors, among K. z. or acts having the character of constitutional laws, one should also include declarations on the adoption of a constitution, on the proclamation of a constitution, on the adoption and declaration of a constitution, laws on the procedure for enacting a constitution; Constitutional laws, from the point of view of some scholars, are all those laws, the adoption of which is either directly provided for or follows from the constitution; K. z. - these are laws on a fairly specific range of issues indicated in the constitution, and the acts adopted on these issues are officially referred to as constitutional laws. The criterion for highlighting this group of issues in the constitution is their importance, and the name of the acts on these issues attaches particular importance to the relevant social relations and is aimed at increasing their stability.

On legal grounds K. z. characterize: the need for a larger number of votes cast when they are adopted by parliament or its chambers (qualified majority); the specifics of entry into force (for example, the impossibility of a presidential veto on such laws); higher legal force in comparison with other laws, and even more so with other normative legal acts - all of them must comply not only with the constitution, but also with the Code of Law.

In the Russian Federation, federal constitutional laws (FKZ) are laws on a certain range of issues named in the Constitution of the Russian Federation (on the subject, this is the last of the groups of constitutional laws named above). The FKZ is adopted by a qualified majority of votes of the chambers of the Federal Assembly of the Russian Federation, has a higher legal force in comparison with ordinary federal laws, and even more so with other legal acts. For the adoption of the FKZ, the approval of at least 3/4 of the votes of the total number of members of the Federation Council and at least 2/3 of the votes of the total number of deputies of the State Duma is required. The adopted FKZ is subject to signing within 14 days by the President of the Russian Federation and promulgation (in contrast to simple federal laws, the right of the President's veto is not provided). According to part 3 of Art. 76 of the Constitution, federal laws of the Russian Federation cannot contradict the FKZ.

The Constitution of the Russian Federation does not give grounds to put the FKZ on the same level as the Constitution itself, and even more so to consider them part of the Constitution of the Russian Federation. According to Part 1 of Art. 15, laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation. This provision also applies to the FCA. (For more details on the range of issues of the FKZ, see: Federal Constitutional Law.) (S. A.)

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The word "constitution" comes from the Latin constitutio - establishment, institution, device. IN Ancient Rome individual acts of imperial power, which established new orders, were called constitutions. However, the modern meaning of this term began to be given only during the period of the emergence of bourgeois states, when, with the help of the constitution, bourgeois orders were established in one country or another. The first written constitution (i.e., representing a single basic law with an internal structure that all other legal acts in the country had to comply with) can be called the US Constitution, adopted in 1787 and still in force. In Europe, the first written constitutions were the Constitutions of France in 1791 and the Constitution of Poland in 1791. At present, the constitution is not only a legal act. Its content contains guidelines for justice for the whole society.

At the same time, the constitution, as any normative legal act, has the following features: universally binding; formal certainty; the repeated application of its norms to social relations of a certain type; protected by the coercive power of the state.

The constitution has special legal properties distinguishing it from all other legal acts. This is due to the fact that in modern conditions the constitution is the fundamental law of the state and, unlike other laws, is an act of legal foundation. In it, the whole way of life of society and the state acquires its original legal form. The constitution, as the fundamental law of the state, establishes, legally formalizes the political form of the existence of society, the system of state authorities, establishes the procedure for their formation and mode of functioning, establishes the rights and freedoms of man and citizen.

Unlike ordinary laws, the basic law of the state must be stable and long-term, therefore, the norms of the constitution are of a general nature, and the constitution itself is adopted by referendum (Russia, France, Greece, Spain), convention (USA), constituent assembly (India, Italy) or specially convened by the country's constitutional assembly. The constitution can be oktroirovana, ie, introduced unilaterally by an act of executive power - the head of state.

The Constitution of the Russian Federation was adopted at a popular vote on December 12, 1993 and entered into force on December 25, 1993 after the official count of votes by the Central Election Commission of the Russian Federation, which recognized the referendum as valid and the Constitution as adopted. In this regard, the Constitution of the Russian Federation ceased to have effect. adopted on April 12, 1978. This was a very important step in the implementation of the constitutional reform.

But with the adoption of the Constitution, the constitutional reform in Russia did not end. Its continuation is the adoption of federal constitutional laws provided for by the Constitution (some have already been adopted, for example, on the Constitutional Court of the Russian Federation, on the Government of the Russian Federation), bringing legislation into line with the Basic Law, as well as possible and permissible changes to the Constitution itself.

The Constitution of the Russian Federation consists of a preamble and two sections.

Preamble, i.e., the introductory part, does not contain legal norms, but it is of significant importance, since it indicates the grounds and circumstances that gave rise to the adoption of the Constitution. Chapter 1, consisting of nine chapters, is the main part of the Constitution of the Russian Federation. Chapter 2 includes final and transitional provisions.

In the Constitution of the Russian Federation, a new concept of the organization of state power was consolidated, which is based on the idea of separation of powers. In ch. 1 "Fundamentals of the constitutional order" establishes the basic principles of the organization and activities of the state. Private property is recognized and protected by the state along with state and municipal property; multi-party system, ideological diversity are recognized (Article 13).

In ch. 2 “Rights and freedoms of man and citizen”, in strict accordance with generally recognized norms and principles of international law, the priority of the rights and freedoms of citizens over the interests of the state is affirmed. This idea is one of the fundamental ones in the Constitution of the Russian Federation.

Chapter 3 is titled "Federal Organization". After the signing of the Federal Treaty on March 31, 1992 Russian state became federal not only in form but also in content.

Currently, the territory of the Russian Federation consists of the territories of its subjects (republics within the Russian Federation, territories, regions, cities of federal significance Moscow and St. Petersburg, autonomous districts, autonomous region). The subjects of the Russian Federation managed to find a compromise formula for combining common and private interests, each of them receives constitutional opportunities for full development.

The remaining chapters are devoted to the system of state power and the principles of organizing local self-government in Russia.

The Constitution of the Russian Federation as the Basic Law of our country has important legal features.

Unlike other legislative acts, the Constitution of the Russian Federation has founding, fundamental character. It regulates a wide range of social relations, the most important of which affect the fundamental interests of all members of society. The subject of constitutional regulation are the basic properties of the political, economic, social and spiritual spheres of society. Therefore, constitutional norms are fundamental for the activities of state bodies, political parties, public organizations, officials and citizens. The norms of the Constitution are primary in relation to all other legal norms.

Supremacy as a legal property of the Constitution of the Russian Federation means that in terms of the importance of regulated relations and the legal force of its norms, it constitutes the pinnacle of the system of law and operates throughout the territory of the Russian Federation. As the main source of law, the Constitution of the Russian Federation contains fundamental principles of the whole system of law. All laws and other acts of state bodies are issued on its basis and in accordance with it. Current legislation develops the provisions of the Constitution. In a number of cases, the Constitution of the Russian Federation contains instructions on the need to adopt a particular law (for example, Article 70 establishes that the status of the capital of our state is established by federal law). How legal basis of legislation The Constitution of the Russian Federation is the center of the legal space, it determines the consistency of the development and systematization of law.

Supreme legal force The Constitution of the Russian Federation is determined with the degree of its obligatory nature. All public authorities, local self-government bodies, officials, citizens and their associations must comply with the Constitution (Part 1, Article 15). Its violation is recognized as an offense, and the perpetrators, depending on the severity of the deed, are brought to various types of responsibility. Strict and precise observance of the Constitution is the highest standard of conduct for all subjects of law.

direct action The Constitution of the Russian Federation means that the norms and principles established by it are used directly and directly in the regulation of specific relations; no additional normative acts are required. The application of the Constitution of the Russian Federation cannot be denied under the pretext of the absence of a federal law or other normative act designed to determine the procedure for the operation of the corresponding constitutional norm.

Stability The Constitution of the Russian Federation is provided by a special procedure for its adoption and amendment. The constitution is stable and protected from hasty adjustments by a special procedure for amending it. According to the rules of Ch. 9 The Constitution of the Russian Federation can be adopted either at a referendum or at a specially convened Constitutional Assembly. Amendments to Ch. 3-8 of the Constitution are adopted in the manner established for the adoption of a federal constitutional law (it is necessary that two-thirds of the deputies of the State Duma and three-quarters of the members of the Federation Council vote for the amendment). Then the approval of the amendments by the legislative (representative) authorities is required by at least two-thirds of the constituent entities of the Russian Federation. Proposals for a new edition of Ch. 1, 2, 9 are considered by the Constitutional Assembly or can be submitted to a popular vote - a referendum; they are not amended. Revision of Ch. 1, 2, 9 of the Constitution of the Russian Federation is of fundamental importance, which entails a significant change in the Constitution, almost tantamount to the adoption of a new one. Therefore, these chapters cannot be revised by the Federal Assembly (Part 1, Article 135).

Legal features of the Constitution of the Russian Federation

The Constitution of the Russian Federation of 1993 is written. It was adopted by referendum, changes in a strict manner, with the exception of the procedure for introducing it into Art. 65 new names of subjects of the Federation.

Constitution RF It has direct action(part I, article 15, article 18). It is impossible in advance to regulate all possible manifestations of life, therefore, the legal system must have means that, in the absence of industry norms, can be used to resolve specific life difficulties. This is what the constitutional norms are designed to close the "blank spots" in law enforcement practice. The Constitution also acts directly in the case when the existing legal norms do not comply with it. The direct or immediate effect of constitutional norms means the right of citizens to directly rely on them in the exercise of their rights. For example, when applying to the court for protection of the right to a favorable environment it is enough for a citizen to point to a constitutional norm (Article 42) as a source of enshrining this right. He is not obliged to refer to the norms of environmental, sanitary-epidemiological, urban planning and other legislation. Moreover, the necessary rules may not be in the sectoral legislation.

The Constitution of the Russian Federation has supremacy(part 2, article 4, part 1, article 15). No act, no matter who it comes from, can be adopted if it is contrary to the provisions of the Constitution. If the provisions of the Constitution are contrary to an act adopted before its entry into force, then it must be brought into line with it. In addition, the obligation of the legislator to detail its content in sectoral legislation follows from the named property of the Constitution. This obligation is by no means exhausted by the adoption of laws directly provided for by the Constitution of the Russian Federation (on state symbols, on the Government, on the Constitutional Court, etc.). Sectoral legislation should disclose the content of any constitutional norms as much as possible. In the development of constitutional norms, federal constitutional laws (Article 108) are of particular importance - the transmission link between the Constitution and ordinary legislation, detailing its most important provisions. The task of detailing the constitutional content lies with law enforcement agencies, the same courts.

The Constitution of the Russian Federation has supreme legal force(part 1, article 15). Consequently, in the event of a conflict between a constitutional norm and other legal norms, the norm of the Constitution must always be applied. Part 4 Art. 15 of the Constitution of the Russian Federation states that if an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty shall apply. The above rule, by virtue of the supreme legal force of the Constitution, does not apply to it itself, as well as to laws amending it.

The supreme legal force of the Constitution of the Russian Federation is supplemented by the special status of Ch. 1 " ". The provisions of this chapter may not conflict with any other provisions of the Constitution. This means that the norms that fix the foundations of the constitutional system have greater legal force than other norms of the Constitution. Chapter 1 is sometimes referred to as "the constitution within a constitution". Other norms of the Constitution of the Russian Federation develop, clarify the provisions of Ch. 1 follow from them. So, to detail the provisions of Art. 2 of the Constitution of the Russian Federation on a person, his rights and freedoms as highest value and on the obligation of the state to recognize, observe and protect the rights and freedoms of man and citizen, the norms of Ch. 2 "Rights and freedoms of man and citizen" of the Constitution of the Russian Federation.

Another feature of the Constitution of the Russian Federation is a special procedure for its protection. All state bodies are called upon to ensure the effectiveness of the Constitution. However, a specialized body of constitutional control, the Constitutional Court of the Russian Federation, has also been established in the country. The exclusive competence of the Constitutional Court includes the interpretation of the Constitution, verification of the constitutionality of the current legislation, international treaties that have not entered into force.

The substantive features of the Constitution of the Russian Federation include: a concise but comprehensive consolidation of the structure of the state and non-state institutions; priority regulation of the rights and freedoms of people in comparison with their duties; the establishment of federalism, a republican form of government, a democratic legal regime. The structure of the Constitution of the Russian Federation includes a preamble and two sections. The first of them has nine chapters, including 137 articles. Section two "Final and transitional provisions" consists of nine paragraphs.

Some provisions of the Russian Constitution can be qualified as real (for example, the rules on the status of the President), while others remain largely fictitious (the rules on the rights and freedoms of man and citizen).