Concept and signs of the constitution. Signs of the Constitution of the Russian Federation

The theory of the rule of law implies the creation of a country that exists on the basis of universally recognized law, which will protect the fundamental freedoms of a citizen and a person. The rule of law exists only if the proper climate of law and order is maintained in it. For many centuries, people have been trying to find such a regulator in order to bring the theory of the rule of law to life. At different stages of evolution, such a teaching was understood differently, but it all came down to combining subjective and state interest in one legal category. As a result, people realized that in order to create a rule of law, there must be a legal basis that originates in the doctrine of the constitution. This term has many meanings and has existed since ancient Rome. But today the constitution is an integral part of any legal power. The Russian Federation also has its own constitution, which is characterized by special features and functions, which will be discussed later.

Concept history

The development of the term “constitution” begins long before the invention of the theory of the rule of law. Absolutely all the signs of the constitution known to us today have been highlighted by lawyers and philosophers for several hundred years. In the scientific community, the first constitutions decided to single out an array of laws of ancient states. Truly crucial acts of the Ancient World were the laws of Solon and Cleisthenes in Greece, Servius Thulius in Rome, Lycurgus in the Spartan Empire. All these collections of legal norms are a kind of first, rudimentary types of constitutions. In the Middle Ages, on the example of San Marino, one can see the rebirth of the constitutionalism regime, which has received modern features. The law of this small state was adopted back in 1600. In modern times, the constitutions of the USA, France and the Commonwealth should be highlighted. The fundamental law in each of these three countries has all the attributes of a constitution, which are the basis of the modern regime of constitutionalism.

Constitution: general statements

The Constitution in the theory of modern constitutional law is the basic, stable law of a state. He has the highest legal force. The constitution also enshrines the foundations of the political, economic and legal system of society. Thus, this normative act is not only the basis of the entire legal climate of the state, but also the main regulator of public relations in each state. It should be noted that the presented understanding is general. Signs of the constitution can be differentiated into general and special. The latter include the features of the main act of the state, which arise as a result of certain distinctive features of each state. Scientists also distinguish between the actual constitution (existing relations within society) and the legal (fixed system of legal norms).

Types of Constitutions

The main features of the constitution and their difference in each state make it possible to classify this normative act. Separation into species is carried out by highlighting some distinctive factor. To date, the following types of classification exist in constitutional law:

1. Depending on the form, written and unwritten constitutions are distinguished.
2. Written constitutions are divided into codified (in the form of a single regulatory act), non-codified (set of laws, judicial precedents, doctrines and legal customs).
3. Constitutions are divided according to the subject who issued it: adopted by parliament, extraordinary convocation, congress of deputies, interim government, referendum, etc.
4. The difference in the order of introduction of changes makes it possible to single out flexible (changes are introduced in the same way as in other normative acts), rigid (special procedure for making changes).

Thus, despite the uniform status of the constitution in almost all countries, there are many types of this specific normative act.

Distinctive features

In this article we will consider the features of the constitution as an example of the basic law of the Russian Federation. Signs of the Constitution of the Russian Federation make it possible to distinguish it from the general hierarchy of regulatory legal acts of the state. The basic law of the Russian Federation and other countries has the following distinctive features:

• consolidates the structure of the political system, law, freedom of man and citizen, the system of higher bodies;
• the constitution is endowed with a higher legal force;
• the constitution is stable and practically unchanged;
• the basis for the rest of the country's legislation;
• the procedure for adoption, special changes;
• the supremacy of the constitution of the Russian Federation is extended absolutely to the entire territory of the state.

As mentioned earlier, the features presented are characteristic of almost any basic law. As for the Russian Federation, there are exceptional signs of the Constitution of the Russian Federation.

Features of the Constitution of Russia

First of all, it is necessary to note the scope of the Constitution of the Russian Federation and its legal essence. The basic law of Russia is the legal basis for absolutely all regulatory acts of the state. Moreover, the subjects of the Federation in the process of issuing territorial acts must be based on constitutional norms. It follows that the constitution extends its effect not only to the entire territory of the Russian Federation, but also to each subject of the Federation separately. The source of the basic law is the people. This feature is carried out through representative elected bodies, which, in essence, are created by the people. The legal features of the Constitution of the Russian Federation make it possible to understand the very essence of the basic law as a normative act. One of the most important features is the direct effect of constitutional norms. This means that the norms of the basic law can be applied without any authorization by the state. If there is a contradiction between the norms of the constitution and the norms of existing legislation, then the constitutional side will have priority.

The structure of the Constitution of the Russian Federation

The current basic law of the Russian Federation is a written, codified, structured regulatory act of the state. It enshrines the basic democratic, cultural, political values, and also determines the country's economic system. The structure of the basic law is quite simple and effective, given the legal features of the Russian Constitution. They show its serious role in the legal system of the state. The constitution is divided into two sections. The first section contains nine chapters, which consolidate the political, economic and other features of the Russian Federation. These included norms showing the existence of democracy and the separation of powers into three main branches. The second section is the final and transitional provisions. In fact, it is the guarantor and regulator of stability of the existing constitutional and legal norms.

Functions of the Constitution of the Russian Federation

Given the concept and signs of the Russian Constitution presented above, we can conclude that the basic law does not just exist, but also performs a number of important state functions. The following functions can be distinguished:

1. Constituent.The constitution creates a kind of springboard for creating new and regulation of existing relations in society. Also, this function is aimed at systematizing the country's political system.
2. The organizational function allows us not to rest on our laurels, but to pose new, promising tasks to the state. Thanks to the organizational function, it is possible to significantly increase the political activity of society and government bodies. The organizational function makes it possible to act within the framework and spirit of the law.
3. The Constitution establishes norms that allow states to interact on the world stage. This function is called foreign policy.
4. The legal function is the key role of the basic law in the legal system of the state. Signs of the constitution largely determine this function. Thanks to the legal function, all regulatory acts of the state are created and exist in one legal environment.

Ideological function

Many scholars very often distinguish the ideological function of the fundamental law. It should immediately be noted that the signs of the Constitution of the Russian Federation indicate the absence of any ideology in the state. An ideological function appeared in the days of the USSR. The constitution of this state defined the dominant doctrine, according to which society exists. Modern Russia has long abandoned the idea of ​​totalitarianism. Government bodies are governed by law, not ideology.

Conclusion

So, the article presents the signs of the constitution and their essence, as well as the concept is deciphered taking into account the existing theoretical approaches. In conclusion, it should be noted that the Constitution of the Russian Federation is a source of democracy and democracy, which is constantly evolving.