Basic principles of the constitution. Principles and Functions of the Constitution The main constitutional principles are

The activities of all modern states are subject to certain frameworks that exist both at the international and local levels. But this order did not always exist. History knows moments when a person's life was not regulated by anything and was subject only to chance. Of course, such a state of affairs could not promise anything good. With the development of social formations, there was a change in the mechanism of social regulation. In essence, humans were creating new ways of managing themselves. The emergence of states has necessitated such regulatory mechanisms. One of them was law.

This set of sanctioned moral norms has proven itself the best way. After all, it most fully regulates relations within society, as well as its interaction with the authorities in the country. At the same time, the basis of legal relations in a particular state was developed. It, depending on the specific legal system, is the constitution. IN Russian Federation the basic law is also present. This normative act has the highest legal force and other characteristic features. The constitution implements the direct regulation of society and the relations arising in it through the principles, the characteristics of which will be presented later in the article.

General concept of the constitution

The legal order existing in the Russian Federation and other countries is largely developed thanks to the basic law - the Constitution. In fact, this document is a normative legal act of the highest legal force. The main feature of the constitution is the fact that it fixes or establishes the main goals of the activity and creation of the state as a subject of legal relations. Historically, the basic law was already known in Ancient Rome. One of the first constitutions was created by such a figure as Servius Thulius. It fixed the basic norms that regulated some social problems. During the Modern Age, many states adopt constitutions to normalize the political situation and secure human rights. An example of this are the main legislative acts of the Commonwealth, the United States of America, France, etc.

Types of basic law

Constitutional principles largely depend on the form of expression of the norms of the highest state act. To date, there are two main forms, namely:

• written;
• unwritten.

The first type of constitutions is characterized by the fact that the basic law is enshrined in a single normative document or in several laws. In the Russian Federation, the main normative act exists in this form. Unwritten constitutions are a collection of norms that are scattered across various sectoral laws. At the same time, normative acts can be either of a general orientation or of a special one. In many states there is the concept of "constitutional law". This NLA is issued on the most important issues and contains the fundamental principles and norms.

Constitution of the Russian Federation

Speaking specifically about it, it is a written act of higher legal force. She was accepted in 1993. The law establishes the foundations of the political and legal system of the Russian Federation, as well as the procedure for the emergence of the main bodies of state power. The structure of the Constitution includes the following structural elements, namely: the preamble, the first section (9 chapters), the second section. The basic law extends its effect to the territory of the entire state. Great importance in this case, they win back the constitutional principles, which, in fact, are the basis of the entire legal system of the state.

What are the principles of the fundamental law?

In legal science, principles are the fundamental ideas on which a particular legal phenomenon is built. The constitution in this case is the "foundation" of the legal system of the state, as already mentioned earlier. Therefore, its foundations, in fact, also relate to other legal branches. Thus, constitutional principles are the key provisions of the basic law that characterize it as such. For the most part, constitutional ideas reflect the fact of interaction between a person and the state.

Groups of Principles

The 1993 constitution consists of a large number different starting ideas. All of them, to one degree or another, enshrine a certain range of human rights and freedoms in certain areas of activity. However, there are constitutional principles that regulate the activities of, for example, specific branches of government. Given these features, certain groups of initial provisions of the basic law can be distinguished, for example:

• principles of the legal status of the individual;
• constitutional states;
• principles of administration of justice.

All groups are systematized. They combine the main essence and forms of legal relations of a particular nature. At the same time, absolutely all groups are important for society and the state, because modern political trends are built on their basis.

Legal status of a person and citizen

Of course, the foundation of any country is its people. Without this element, the state, in fact, does not exist. Therefore, the legal status of a person and a citizen is enshrined in the key act of the Russian Federation. It should be noted that each individual has a range of inalienable freedoms that are given to him from birth. In addition, some rights are included in the "package" of civil communication between a person and the country of which he is directly a citizen. In the Russian Federation, the legal status of a person and a citizen is a system that consists of the following principles:

• All institutions of the system of individual powers are constituent. This means that they manifest themselves in existing legal branches. However, as we know, any industry, in turn, must comply with the Constitution of Russia. This is where the foundation principle comes into play. That is, economic rights, civil, social, environmental and all the others that are the basis of the status of an individual, come from the basic law.
• The rights and freedoms of citizens and people are inalienable and inalienable. This principle has been developed over many centuries. It is based on the philosophy that every person at birth acquires a certain range of freedoms that no one can take away from him. Because natural rights initially characterize the subject as one of the parties of social legal relations. Every person has some freedoms. For example, in many constitutions, economic rights, as well as political, civil, etc., are considered fundamental.

• The universal principle, of course, is the equality of all people. It should be noted that the presented basis exists in the laws of other countries where the democratic system is flourishing. In the Russian Federation, the principle of equality is also included in the fundamental law. At the same time, there are many scientific interpretations of this legal phenomenon. According to the most “classical” one, equality is a form of expressing a balance of a legal nature, which manifests itself in complete harmony and a combination of interests and rights of specific people, communities, social groups and so on. In addition, the presented term characterizes the same position of the parties in various social relations. The manifestation of the principle of equality can be seen in the equality of men and women, races, nationalities, etc.
• Equality is very closely intertwined with the principle of humanism. Its essence lies in the fact that a person, as well as his rights and freedoms, are the highest values ​​in the state. That is, based on this norm, we can conclude that the authorities in the country guarantee the implementation and maintenance of human rights.
• Quite interesting is the principle of general accessibility of rights and freedoms. It is most clearly manifested in the ability of every citizen to elect and be elected in the power of the state.

Thus, the rights and freedoms of citizens are not only taken into account in the basic law, but also guaranteed. It is thanks to the constitutional principles of this direction that people in the Russian Federation can enter into legal relations and create new ones.

Organization of the state system

The state organization of the country is of great importance today. The fundamental principles of the constitution in this case provide that internal system RF, which we are all used to seeing. At the same time, the foundations of building a state concern not only citizens and social groups, but the country itself. In this case, the last element is presented as a mechanism that functions due to many interrelated factors. Thus, there are the following principles of state organization:

• Democracy is the key principle of building a modern power. It manifests itself in freedom of expression, access to public service, freedom of speech, etc. This principle is manifested in Article 1 of the Constitution of Russia. In addition, it implies a republican form of government, in which power is not concentrated in the hands of a single elite.
• The 1993 constitution contains the principle of separation of powers. According to its provisions, the government of the country is divided between three branches: legislative, executive and judicial. The principle was created back in the days of the Great french revolution. Today it is the basis of a democratic regime in any country and, in particular, the Russian Federation. It is evident in the existence of a parliament, a government and a system of courts. This structure of state bodies shows the principle of separation of powers in action.

• One of the constitutional principles is democracy. This provision contains several features of the state system of Russia. First, the main source of power, according to this principle, is the people of the Russian Federation. Secondly, the government of the state is implemented by the people through elected bodies and their representatives. From the point of view of a democratic system, democracy is a classic sign of freedom and equality.
• According to the Constitution, Russia is a sovereign state. That is, its territory is indivisible, which excludes any encroachment by other subjects international relations. In addition, the sovereignty of the Russian Federation ensures the operation of federal laws throughout its territory.
• The territorial division in the Russian Federation is federal. At the same time, the subjects of the state are equal in their rights and have partial autonomy.
• The Russian constitution implies the secular nature of the state. This means that there is no compulsory religion in the country. At the same time, Article 14 enshrines the freedom of religious associations, which are equal before the law.

The presented principles constitute the 14th chapter of the current Constitution of the Russian Federation. They play one of the key roles in the process of building a state, because on the basis of these fundamental norms there are many constitutional institutions, namely: the presidency, parliamentarism, legality, etc.

Concept of justice

In any state there is justice and bodies that execute it. This branch of human activity establishes one of the key branches of government. It follows that justice should be carried out on the basis of a clear legislative regulation. Because this activity directly concerns the rights and destinies of many people. The fact that justice is a branch of government determines its constitutional and legal regulation. That is, the presented phenomenon is regulated by the norms of the basic law.

Principles of the administration of justice in the Russian Federation

Justice in Russia is implemented through separate principles enshrined in the main law.

• Only the bodies of the judicial branch of power, which function in accordance with the procedure established by the current legislation, are allowed to administer justice. The basis of the normative regulation of this sphere are such legal acts as the Federal Law “On the Judicial System of the Russian Federation” and, of course, the Constitution of Russia.
• In their activities, the courts are subject exclusively to the provisions of the Constitution and federal legislation. In this case, the principle of legality is directly manifested. It should be remembered that justice is based on civil, administrative, criminal and constitutional legislation. At the same time, no deviations from the procedures established by official regulations are allowed.
• Judges carry out their activities on the basis of full autonomy and independence. This means that no one can influence the representative of the law or in any way coordinate his action in order to obtain the necessary decision.
• Justice in Russia is carried out on the principle of equality of the parties in the process of competition. This means that each participant has the right to collect and present evidence, build their legal defense and interact with the relevant authorities to obtain the data necessary for the process. At the same time, the parties of justice cannot be oppressed in any way on racial, national, gender or age grounds.
• One of the main judicial principles is This means that no one can be found guilty of anything if his guilt is not proven in the manner prescribed by law.

Of course, the presented list does not reflect absolutely all the principles of the administration of justice in Russia. However, these initial provisions are the most classical, since they reflect the justice that should exist in a modern democratic state.

Conclusion

So, in the article we tried to consider the basic constitutional principles of the Russian Federation, which affect various spheres of state activity. In conclusion, it should be noted that the fundamental origins of the functioning of our country are the best way to characterize its desire for equality and gaining democracy. However, it is still necessary to work on the mechanisms for implementing these principles.

Constitution of the Russian Federation adopted by popular referendum on December 12, 1993, entered into force on December 25, 1993

The new Constitution was based on the principles 1 developed by legal science over a long period of existence constitutional law like science.

These are:

1) democracy, sovereignty of the people;

2) legality;

3) equality and full rights of citizens, guarantee of rights and freedoms;

4) humanism;

5) state unity;

6) equality and self-determination of peoples;

7) separation of powers;

8) ideological diversity, political pluralism.

The Constitution of Russia structurally consists of the following elements:

INTRODUCTION (preamble)

FIRST SECTION (137 articles)

CHAPTERS

1. Basics constitutional order

2. Human rights and freedoms and citizen

3. Federal device

4.President Russian Federations

5.Federal Assembly

6.Government of the Russian Federations

7. Judiciary

8.Local self management

9.Constitutional amendments and revision of the Constitution

SECOND SECTION

Final and transitional provisions

The Constitution of the Russian Federation distinguishes between concepts "revision" And "amending" .

revision is a change in the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation, and they cannot be revised by the Federal Assembly of the Russian Federation.

Amendment aimed at changing chapters 3-8 of the Constitution, which is within the competence of the Russian parliament. They are adopted in the form of a special law.

Proposals for amendments and revision of the provisions of the Constitution of Russia are submitted:

President of Russian Federation;

Council of the Federation;

The State Duma;

Russian Government;

Legislative (representative) bodies of the subjects of the Federation;

At least 1/5 members of the Federation Council (36 people);

At least 1/5 of the deputies of the State Duma (90 people).

Review procedure chapters 1 - Fundamentals of the Constitutional order; 2 - Rights and freedoms of man and citizen, 9 - Constitutional amendments and revision of the Constitution consists of the following stages:

Firstly, making proposals to revise the provisions of chapters 1, 2, 9.

Secondly, support for the initiative 3/5 votes from total number members of the Federation Council (107) and deputies of the State Duma (270).

Third, convocation of the Constitutional Assembly in accordance with federal constitutional law.

Fourth, adoption of a decision by the Constitutional Assembly: 1) to confirm the invariability of the Constitution of Russia, then the revision procedure ends; 2) develop a new draft of the Constitution.

Fifth, The Constitutional Assembly 1) is adopted by a qualified majority of 2/3 of the total number of the Constitutional Assembly; 2) is submitted to a popular vote.

The constitution is considered adopted if more than half of the voters voted for it, provided that more than 50% of registered voters took part in the referendum.

This is the procedure for revising Chapters 1, 2 and 9 of the Constitution of the Russian Federation. It is designed to ensure the stability of the constitutional system and the protection of the rights and freedoms of Russian citizens.

Amendments to chapters 3-8 are accepted in the following order:

Making proposals for amendments to the State Duma in the form of a federal constitutional law on an amendment to the Constitution of Russia. The offer must contain either new article text, or text of the new edition of the article, or clause to remove an article from the Constitution.

The draft law on the amendment is being considered by the State Duma Committee, which is responsible for issues of constitutional legislation.

Consideration of the draft law in the State Duma in three readings. The project is considered approved if at least 2/3 (300) of the State Duma deputies voted for it.

Sending the approved draft law to the Federation Council within 5 days. SF is considering it. The project is considered accepted if at least ¾ (134) of the total number of members of the Federation Council voted for its approval.

The Chairman of the Federation Council no later than 5 days from the date of adoption of the law publishes it for general information and sends it to the legislative (representative) bodies of the constituent entities of the Russian Federation.

Legislative (representative) bodies of a constituent entity of the Russian Federation consider the law within a period not later than one year from the date of its adoption.

Approved by the legislative (representative) bodies of at least 2/3 of the constituent entities of the Federation, within 7 days, it is sent by the Chairman of the Federation Council to the President of Russia for signing and official publication.

This is the procedure for changing and amending the current Constitution of the Russian Federation.

The totality of means (legal, organizational, information and propaganda, etc.), with the help of which the implementation of all established constitutional norms is achieved, strict observance of the regime of constitutional legality is called legal protection of the Constitution of the Russian Federation.

The legal protection of the Constitution of the Russian Federation is carried out with the help of constitutional control, i.e. the activities of the competent state bodies to verify, identify and eliminate inconsistencies in the normative legal acts of the Constitution.

The control over observance of the Constitution of Russia belongs to the jurisdiction of the Russian Federation. Ensuring the conformity of the constitutions of the republics and the charters of the territories and regions with the federal Constitution is the subject of joint jurisdiction of the Russian Federation and its subjects.

The Constitution clearly defines subjects of legal protection of the Constitution . These are:

President of Russian Federation. According to Part 2 of Art. 80 The President is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen.

Federal Assembly. The jurisdiction of its chambers includes issues related to the implementation of constitutional norms, as well as amendments and changes to the current Constitution.

Government of the Russian Federation. Organizes the implementation of federal laws, systematically monitors their implementation by the executive authorities of all levels and takes measures to eliminate the violations.

Judicial authorities. They control the legality of the performance of certain constitutional functions by subjects of other branches of power, protect the rights and freedoms of citizens, the constitutional system of Russia, ensure the compliance of acts of the legislative and executive branches of the Constitution, the observance of legality and justice in the execution of the application of the Constitution and laws, other regulations.

Law enforcement. Protect and protect the rights and freedoms of citizens, the interests of society and the state, strengthen law and order.

The special body for the protection of the Constitution of the Russian Federation is Constitutional Court. He considers cases on the compliance of the Constitution of the Russian Federation with federal laws, regulations of the President of Russia, the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation, the Government of Russia; constitutions of the republics, charters, 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 the constituent entities of the Russian Federation, as well as between state authorities of the constituent entities of the Russian Federation; international treaties that have not entered into force.

The Constitutional Court of the Russian Federation resolves disputes between state authorities, considers citizens' complaints about violations of their constitutional rights, and issues an opinion on compliance with the established procedure for accusing the President of Russia of high treason or committing another serious crime.

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

Fundamentals of the constitutional order of the Russian Federation

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

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

Principles of the constitutional system of the Russian Federation

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

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

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

Constitution principles

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 all power in the state belongs to the people. "The bearer of sovereignty and the only source of power in the Russian Federation, this article emphasizes, is its multinational people." The Constitution also fixes the main forms of realization by the people of their sovereignty.

The democracy of the Russian state is also manifested in the fact that the President of the Russian Federation, the Federal Assembly are elected by general elections, the most important issues are submitted to referendums, an example of which is the adoption of the Constitution of 1993.

The Constitution introduced a system of local self-government, which is carried out by citizens through a referendum, elections, other forms of direct expression of will, through elected and other self-government bodies (Article 130).

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

The principle of legality has found its consolidation 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. supreme value. Article 19 of the Constitution of the Russian Federation establishes: "All are equal before the law and the court." And further it is emphasized that the state guarantees the equality of rights and freedoms of a person and a citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation is prohibited. Men and women 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 caring for a person, for the comprehensive development of his spiritual and physical qualities, and material conditions of life.

5. State unity. For a federal multinational state, it is crucial to implement in the Constitution the principle state unity. This principle is enshrined in the Preamble and Art. 4 of the Constitution of the Russian Federation, where it is established 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 following provisions testify to the principle of state unity: Art. 8, fixing the unity of the economic space and Art. 67 - the unity of the territory; Art. 68, establishing the Russian language as a single state language;

Art. 74, fixing the establishment on the territory of Russia of customs borders, duties, fees; Art. 75, which establishes the ruble as a single monetary unit, etc.

6. Equality and self-determination of peoples. The principle of state unity is dialectically combined with the constitutional principle of equal rights and self-determination of peoples within the Russian Federation. This principle is due to the multinational character of Russia and its federal structure. This principle is enshrined in the Preamble of the Constitution of the Russian Federation, in Art. 5 - establishing a list of subjects of the federation and indicating that in relations with federal government bodies, all subjects are equal; Art. 73 - fixing that outside the jurisdiction of the federation and the joint jurisdiction of the federation and the subjects, the latter have all the fullness of state power.

Functions of the constitution. In the science of constitutional law, it is customary to single out the legal, political and ideological functions of the constitution.

Legal function lies in the fact that the constitution is the main source of law, containing the starting points for the entire legal system.

Political function is that the constitution establishes the foundations of the organization of state power, the foundations of the relationship of the state "individual, determines the principles of functioning political system generally.

ideological the function is manifested in the ability of the constitution to influence the spiritual life of society through the dissemination and approval of certain political and legal ideas, ideas and values.

The structure and content of the Russian Constitution of 1993 was greatly influenced by the experience of developing and adopting the constitutions of foreign developed democracies, especially the experience of the post-war decades, as well as the change in ideological and political values ​​and guidelines in modern Russian society.

Structure The Constitution of the Russian Federation includes: preamble; 9 chapters containing 137 articles of the first, main section of the constitution, as well as the second section "Final and transitional provisions."

The main part of the Constitution of the Russian Federation opens with a chapter on the foundations of the constitutional order. It is in this chapter that the most general and important principles and provisions of the constitution are usually fixed, which are the initial, primary, constituent for its other articles, other laws and the entire legal system of the country. Thus, in the Constitution of the Russian Federation, this chapter enshrines the democratic essence, legal, social and secular character. Russian state, his republican form of government, and in subsequent chapters all this is concretized and developed. The same chapter clearly defines the primary place and role of observance and protection of human rights and freedoms in the life and activities of society and the state, and in a special, second chapter, this fundamental provision is very broadly and in detail deciphered and embodied in specific rights and freedoms of man and citizen and their guarantees. Similarly, the first chapter records the most general fundamentals the federal structure of the country, and in a separate, third chapter, the specific composition of the Russian Federation, the status of its subjects, specific principles and mechanisms for the organization, functioning and activities of the Federation and its subjects are revealed. The same can be said about the issues of local self-government: its very principle is reflected in Ch. 1 (Article 12), and more about this in Chapter 8. If the Constitution of the Russian Federation itself is the basis of all the legislation of the country, as well as of each of its branches, then its first chapter, one might say, serves as a kind of “foundation of foundations”.

The issue of the place of the chapter on the rights and freedoms of the individual is resolved in a fundamentally new way in the Constitution of Russia. Previously, in Soviet constitutions, such a chapter was either absent altogether, or was moved to the end of the text (for example, in the Constitution of the RSFSR of 1938), which undoubtedly reflected the actual attitude towards the individual, his rights and freedoms in a totalitarian society and state. Now, when already in Art. 2 of the Constitution of the Russian Federation proclaims that a person, his rights and freedoms are the highest value, and the duty of the state is the recognition, observance and protection of these rights and freedoms, it is quite logical and reasonable to put this chapter forward.

The third place is rightfully given to the chapter "Federal structure". Without a preliminary solution of this group of problems in the constitution of a federal state, it is impossible to fix the system of state authorities, the principles and mechanism of their activities, which are the subject of the next four chapters of the Constitution of the Russian Federation (chaps. 4-7). Unlike a unitary state, in a federal state the principle of separation of powers, their subjects of jurisdiction and powers is carried out not only in the “horizontal”, but also in the “vertical”, political-territorial aspect, i.e. as the distribution of jurisdiction and powers between the federation as a whole and its subjects. It is natural, therefore, that Chapter 4 "President of the Russian Federation", Chapter 5 "Federal Assembly", Chapter 6 "Government of the Russian Federation" and Chapter 7 "Judicial Power and Prosecutor's Office" should proceed from the content of not only the first two, but also the third chapter of the Constitution of the Russian Federation .

Particular attention should be paid to the issue of Chapter 8 "Local self-government". In the Soviet constitutions, including the 1978 Constitution of the RSFSR, there was no such chapter.

The main part of the Constitution of the Russian Federation ends with Chapter 9 “Constitutional amendments and revision of the Constitution”, which states who can make proposals for amendments and revision of the provisions of the Constitution and in what order these proposals are considered and adopted, which is discussed in more detail below.

The second section of the Constitution of the Russian Federation consists of "Final and transitional provisions". Unlike the main part of the Constitution, i.e. of its first section, this part is presented not in the form of articles, but in the form of a series of successive paragraphs fixing: the day of its adoption; the date of its entry into force and the simultaneous termination of the previous constitution.

What has been said above about the structure of the Constitution of the Russian Federation allows us to draw a general conclusion that, on the whole, it fully corresponds to general requirements presented by constitutional theory to modern constitutions. She undoubtedly took into account both the accumulated world constitutional experience and the uniqueness of our country, the historical and current conditions of its development. This structure is quite logical, harmonious and consistent.

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

The fundamental ideas formulated by science in one or another area of ​​human activity appear as a 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 this capacity, but only those of them that adequately reflect the objective laws and trends of historical development.

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

Legal principles(principles of law) act as fundamental ideological principles, guiding regulations, requirements. Legal principles are not only expressed, but, as a rule, enshrined in the constitution 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 decision of January 27, 1993 No. 1-P noted that in general legal principles have the highest degree of normative generalization, predetermine the content of constitutional human rights, sectoral rights of citizens, are universal in nature and, therefore, have a regulatory impact on all spheres of social relations. The general obligatory nature of such principles consists both in their priority over other legal provisions and in the extension of their action to all subjects of law.

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

Concept of constitutional principles

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

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

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

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

System of constitutional principles

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

The constitutional principles are:

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

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

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

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

When considering the “Chechen case” in the Constitutional Court of the Russian Federation, it became natural to recognize the priority of the constitutional principle of 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.

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

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

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

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

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

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

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

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

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

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

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