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Basic principles of the constitution. Principles and functions of the constitution Legal principles in the constitution of the Russian Federation

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

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

2) direct action of constitutional norms.

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

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

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

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

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

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

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

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

the right to free work;

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

The right to housing

the right to health care;

the right to a favorable environment;

the right to education.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

citizenship constitution human freedom

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 the 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 the internal system of the Russian Federation, 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.

“a person, his life and health, honor and dignity, inviolability and security are the highest social value (art. 3);

Free development of personality (art. 23);

Inalienability and inviolability of human rights and freedoms (Article 21);

Unrestricted legal status of a person and a citizen by their constitutional status (Article 22);

Prevention of narrowing the content and scope of existing rights and freedoms when adopting new laws or amending existing laws (Article 22);

Freedom and equality of people (art. 21);

Equality of constitutional rights and freedoms of citizens and equality of citizens before the law (Article 24);

Equality of rights for men and women (art. 24);

Unity of rights and duties (art. 24);

Impossibility of deprivation of citizenship and the right to change citizenship (Article 25);

The impossibility of expelling a citizen of Ukraine from Ukraine or extraditing him to another state (Article 25);

Equality of the legal status of foreigners and stateless persons with the legal status of citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine (Article 26);

Equality of spouses in marriage (art. 51);

Equality of rights for children regardless of origin (art. 52)”. The Constitution of Ukraine dated 28.08.1996 as amended on 8.01.2004

The Constitution distinguishes between the concept of "man" and "citizen" and proceeds from the recognition of the idea of "natural", "innate", "inalienable" human rights, the essence of which is that human rights belong to him from birth, have a natural character, and the state can only regulate their implementation and establish guarantees for them, but cannot cancel them. Only in the event of a state of emergency or martial law, the state may, only on a temporary basis, restrict the possibility of exercising certain rights and freedoms. At the end of these regimes, rights and freedoms are restored in full. In accordance with the universally recognized principles and norms of international law, the inalienable rights and freedoms of every person must be respected by another state, regardless of whether a person has citizenship of this state.

Ukraine, like any state, protecting its sovereignty and independence, based on the goal of ensuring decent living conditions and real opportunities, secures certain rights and freedoms and provides guarantees for their implementation only to its citizens. Thus, only citizens of Ukraine can be subjects of land ownership, have the right to vote in elections and referendums, can be members of political parties operating in Ukraine, etc.

The Constitution distinguishes between the concepts of "right" and "freedom". However, these are generally equivalent, coinciding in scope, concepts. In addition, it is believed that the term “freedom” is used by the legislator when it indicates the maximum freedom of choice of an individual’s behavior in a particular area. public life, and when indicating the possibility of using a particular good, the term "right" is used.

The system of constitutional rights and freedoms of the individual covers all spheres of people's life and activities and complies with international human rights standards. Taking into account international legal standards, rights and freedoms are classified into personal rights and freedoms; political rights and freedoms; economic rights; social rights; environmental rights; cultural rights and freedoms.

The Constitution assigns paramount importance to personal rights and freedoms, which, according to the Constitution of the Ukrainian SSR of 1978, were significantly “curtailed” compared to international human rights standards and occupied the last place in the list of constitutional rights and freedoms of citizens of Ukraine, which actually reflected the attitude of the state to this group of rights .

Personal rights and freedoms are rights in the sphere of personal life and personal security, they relate to the individual, private life of a person. The Constitution establishes the following personal rights and freedoms of a person"

Right to life, (art. 27);

Respect for dignity (art. 28);

The right to liberty and security of person, (art. 29);

The right to the inviolability of the home (art. 30);

The right to secrecy of correspondence, telephone conversations, telegraph and other correspondence (Article 31);

The right to non-interference in private life (art. 32);

The right to freedom of movement, free choice of place of residence, the right to freely leave the territory of Ukraine (art. 33),

The right to freedom of thought and speech, to the free expression of one's views and beliefs (Article 34);

The right to freely collect, store, use and disseminate information orally, in writing or in any other way - at one's choice (art. 34);

The right to freedom of opinion and religion (art. 35),

The right to send individual or collective written appeals, or personally apply to public authorities, local governments, to officials and officials of these bodies (Article 40) Political rights and freedoms are such rights and freedoms that citizens exercise in the political sphere of public life"

The right to freedom of association in political parties and public organizations (art. 36);

The right to participate in trade unions (art. 36),

The right to take part in the management of state affairs, in all-Ukrainian and local referendums, to freely elect and be elected to bodies of state power and local self-government (Article 38),

The right to assemble without weapons and hold meetings, rallies, marches and demonstrations (art. 39). Economic rights are those rights that people exercise in economic sphere social life:

The right to own, use and dispose of private property, the results of their intellectual, creative activity (Article 41);

The right to use, in accordance with the law, objects of the right of state and communal property (Article 41);

Right to entrepreneurial activity not prohibited by law (Article 42).

Social rights are such rights, the implementation of which is associated with the satisfaction of the most important social needs of people:

Right to work (art. 43);

Right to strike (art. 44);

The right to rest (art. 45);

Right to housing (art. 47);

The right to an adequate standard of living for oneself and one's family (art. 48);

The right to health care, medical care and health insurance (art. 49).

In addition, citizens of Ukraine have the right to social protection, including the right to be provided for them in case of complete, partial or temporary disability, loss of a breadwinner, unemployment due to circumstances beyond their control, as well as old age and in other cases provided for by law (Art. 46).

Environmental rights are a new group of human rights that has not previously been fixed at the constitutional level, ensuring its needs for a safe environment (Article 50):

The right to a safe environment for life and health and to compensation for harm caused by the violation of this right;

The right to freely access information about the state environment, on the quality of food and household items, as well as the right to distribute it.

Cultural rights and freedoms are human rights and freedoms in the field of culture:

The right to education (art. 53);

Freedom of literary, artistic, scientific and technical creativity (art. 54);

The right to the results of one's intellectual, creative activity (art. 54).

The Constitution actually enshrines the principle of the unity of rights and duties and establishes that “every person has the right to the free development of his personality, if the rights and freedoms of other people are not violated, and has obligations to society, in which the free and comprehensive development of his personality is ensured.” The Constitution of Ukraine dated 28.08.96, as amended. as of 8.01.04, Section II.Article 24 Under the constitutional obligation is understood the measure of proper behavior of the subject enshrined in the Constitution.

The Constitution establishes the following constitutional duties:

Strictly observe the Constitution of Ukraine and the laws of Ukraine, do not encroach on the rights and freedoms, honor and dignity of other people (Article 68);

Do not harm nature, cultural heritage, compensate for the losses caused to them (Article 66);

Pay taxes and fees in the manner and amount established by law (Article 67);

Parents are required to support children until they reach adulthood. Adult children are obliged to take care of their disabled parents (Article 51). In addition, citizens of Ukraine are required to:

Defend the Motherland, independence and territorial integrity of Ukraine, respect its state symbols (Article 65);

Carry out military service in accordance with the law (Article 65);

Submit declarations on your property status and income for the past year to the tax inspectorates at the place of residence (Article 67).

Guarantees for the realization and protection of the rights and freedoms of the individual are a set of economic and political conditions, as well as a system of legal means that ensure the reality of the exercise and protection of the rights and freedoms of man and citizen.

“Guarantees make it possible to make the transition from the possibility provided for in the law to reality. Without securing appropriate guarantees, the system of rights and freedoms would be declarative. In a broad sense, the concept of "guarantees" covers the entire set of objective and subjective factors that are aimed at the actual realization of the rights, freedoms and duties of the individual, at the elimination possible causes and obstacles to their incomplete or improper exercise and protection of rights from infringement.

The Constitution not only contains a very broad and democratic list of human and civil rights and freedoms, but also establishes guarantees for their implementation and protection. At the same time, economic and political guarantees follow both from Section I of the Constitution, which establishes the principles of the constitutional order of Ukraine, and from most of the articles of Section II, which establish specific rights and freedoms of the individual. At the same time, legal guarantees are contained in a compact group in Art. 55-63 Section II." “Constitutional Rights of Citizens of Ukraine” (educational settlement) Kharkiv Fund “Social Initiative” H.: 1997- p. 26

The Constitution formulates legal guarantees of the rights and freedoms of man and citizen:

The right to protection of human rights and freedoms by the court (art. 55);

The right to appeal in court decisions, actions or inaction of public authorities, local governments, officials and employees (Article 55);

The right to apply for the protection of their rights to the Commissioner of the Verkhovna Rada of Ukraine for Human Rights (art. 55);

Right after using all national funds legal protection to apply for the protection of their rights and freedoms to the relevant international judicial institutions or the relevant bodies of international organizations, of which Ukraine is a member or participant (Article 55);

The right to protect their rights and freedoms from violations and unlawful encroachments by any means not prohibited by law (Article 55);

The right to compensation at the expense of the state or local self-government bodies for material and moral damage caused by illegal decisions, actions or inaction of public authorities, local self-government bodies, their officials and officials in the exercise of their powers (Article 56);

The right to know your rights and obligations (art. 57);

Prohibition of the retroactive effect of laws and other regulatory legal acts, except when they mitigate or cancel the responsibility of a person (Article 58);

The right to legal assistance (art. 59);

The right not to execute obviously criminal instructions or orders (art. 60);

No one can be brought to legal responsibility of the same type twice for the same offense (Article 61);

A person is considered innocent of a crime and cannot be subjected to criminal punishment until his guilt is proven legally and established by a court conviction (presumption of innocence) (Article 62);

No one is required to prove his innocence of a crime (Article 62);

The accusation cannot be based on evidence obtained illegally, as well as on assumptions. All doubts regarding the proof of a person's guilt are interpreted in his favor (Article 62);

The right not to give evidence or explanations regarding oneself, family members or close relatives (art. 63);

a suspect, accused or defendant has the right to defense (Article 63).

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 constitutional principle equality 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 science 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 post-war decades, as well as a 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, the Constitution of the Russian Federation in this chapter consolidates the democratic essence, the legal, social and secular nature of the Russian state, its 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.