The system of constitutional law of Russia is a complex of special legal acts. They are aimed at protecting the basic interests and freedoms of people. To implement this task, a certain structure of state power has been created. Next, we consider in more detail what constitutes a system of constitutional state law of Russia.
General information
The system of constitutional law of Russia as a branch of law relating to another sphere of human relations has its own characteristics. However, among all areas it is she who occupies a leading position. Actually, the system of the constitutional law branch of Russia acts as the foundation for the remaining legal spheres of the country. This is its main task. Any adopted legislative acts must comply with those provisions provided for by the system of constitutional law of Russia. How can branches of law exist without taking into account the principles laid down in the Basic Law? It's impossible. Moreover, in a democratic country, legislation contrary to fundamental acts cannot be enforced. The forms in which the system of constitutional law of Russia finds expression, its sources have the highest legal force. These, in particular, include decrees, laws, decrees. The main source is the Constitution. The criteria for the formation of the whole structure are certain groups of acts. They are called institutions of constitutional law. These groups regulate relatively independent spheres of relations within the area under consideration.
The system of constitutional law of Russia: briefly about the place in the general legal sphere
The acts and provisions of the Basic Law govern these or other public relations in general terms. The system of sources of constitutional law of Russia is the foundation, the starting point for other areas: criminal, civil, family, financial and other laws. In this case, the Fundamentals act as a core around which all the components of the structure are combined. The system of constitutional law of Russia plays a stimulating and guiding role. Under its influence, the coordination of the activities and development of each element is carried out. Playing the role of the nucleus, the system of constitutional law of Russia appears in the form of that basis, in fulfillment and in accordance with which public relations, legislative and executive activities of the government are regulated. Thus, absolutely all legal spheres are based on the Fundamentals, proceed from them, and develop their provisions. Moreover, the laws governing these areas should correspond to the dispositions that are present in constitutional norms. They act not just as legal acts. The norms of the Constitution are supreme, and laws implemented in Russia should not contradict them.
Value to Basics
This is one of the most important issues in the characterization of the sphere under consideration. The system of constitutional law of Russia is undoubtedly larger and broader than the Fundamentals themselves. It is worth noting that the names of some components are the same. However, the scope of their influence is different. So, for example, the institution of a federal structure in the Constitution is reflected in the form of its norms; in the system of constitutional law, it, among other things, includes other acts of the Basic Law, charters of subjects and federal laws.Examples include the Federal Law "On National Cultural Autonomy", treaties between government bodies of a country and its regions, and so on.
The system of constitutional law of Russia: institutions and norms
This area also has its own characteristics. Directly in the Constitution, relatively independent legal institutions are defined. In particular, they are the President, the Government, the Federal Assembly, local government, and the judiciary. The system of constitutional law of Russia unites them all in one structure - state power and local self-government. From its elements, one can distinguish wider, complex components. They, in turn, include narrower constitutional and legal institutions.
Complex elements
For example, the Federal Assembly acts as such an institution. It, in turn, includes the State Duma and the Council of Federations. At the same time, each chamber of the Parliament can be considered a complex institution with respect to, for example, deputies, committees, and the chairman. In one such structure, acts that have different legal force can be combined. For example, the Institute of the State Duma contains the norms of the Regulations and the Constitution. Along with this, one and the same act may relate to one or another element of the structure under consideration. So, for example, under Art. 102 of the Fundamentals, the competence of the Council of the Federation includes, inter alia, the appointment and dismissal of the Prosecutor General of the Russian Federation. This rule applies to the constitutional and legal institutions of the Federation Council and the Prosecutor's Office.
Demarcation criteria
The main features that allow us to separate constitutional and legal institutions are:
- The sphere of public relations, on the management and regulation of which acts are directed.
- The specifics of the norms of the institute and those interactions that arise under their influence.
- The scope of the foundations from which the acts proceed.
Legal publications do not have a unified approach to dividing the constitutional-legal branch into institutions. However, generally accepted, however, is the classification in accordance with the structure of the Basic Law.
Main categories
The constitutional legal system distinguishes institutions that are considered the main elements of the industry. They combine acts that enshrine:
- Federated device.
- The foundation of the constitutional order.
- The structure of state power and local government.
- Fundamentals of the legal status of a citizen and a person.
Such a structure is consistent with the internal systematic nature of the spheres of social interactions that constitute the subject of constitutional law. Each category of relationship has its own specifics. They differ in subjects, objects, measure and form of due legal impact, as well as in its nature. These features of social interactions, regulated by norms, predetermine the constitutional legal system, but they do not act as its basis.
Structuring Criteria
They are factors that are directly characteristic of the very form of law, its norms and their features. These criteria are based on the content of public relations. They, in turn, predetermine the features of the legal influence on them, the regulatory mechanism, the scope of the impact and other qualitative parameters.
Ratio of elements
A systematic analysis of the branch of constitutional law provides not only for the identification of its components. In the framework of this activity, the substantiation of the ratio of its elements and the determination of the position of each of them are also important. This approach is based on the interaction of spheres of public relations, which act as the subject of regulation by the norms of legal constitutional institutions. However, it should be noted that this ratio must be considered as a primary, initial basis. It determines the structure of the entire industry.Its legal justification lies in the fact that between the elements there is such a form of interaction, according to which the acts of one segment form the prerequisites for the acts of another, determining their content and orientation.
Hierarchy
The norms of the institute, fixing the foundations of the constitutional structure, are in the first place. This is due to the fact that they contain the initial principles of legal regulation. They are implemented by the norms of other constitutional institutions. The next place is occupied by the segment that establishes the basis for the status of a citizen and a person, his legal capabilities, duties and freedoms. This position is determined by the fact that the above categories are recognized by the authorities as the highest value. The protection of freedoms and interests is considered the main goal of the public and administrative structures. Constitutional legal institution, fixing through its norms federated device forms the prerequisites for creating a system of government bodies. Acts issued within its framework establish national and territorial entities. In accordance with them, the structure of state bodies is built.
Classification
The most general, primary division of norms into institutions is determined by the Constitution. Sections of the Law act as the basis for the formation of the constitutional legal system. Since the presence of relatively separate categories of social relations in it is the main criterion for dividing the law into institutions, the classification looks appropriately. Many elements are intermediate. Institutions of an intersectoral nature are governed by the norms of other legal sectors. For example, administrative acts are involved in managing the structure of the electoral process, public relations are influenced by civil law, and so on.
Specificity of Prescriptions
The legal norm acts as the primary link in the system. The rules established in it are characterized by:
- A must for everyone who is in the sphere of influence.
- Formal certainty. Outwardly, it is expressed in writing in an official document. Along with this, there is an internal certainty of duties and legal opportunities.
- Providing guarantees. In this case, we mean the possibility of applying state coercion in case of violation.
Any prescription has its own structure. Constitutional norms are no exception. As in other regulations, they contain three elements:
- Sanction. It must certainly be expressed and fixed in the norm.
- Disposition. It acts directly as a prescription.
- Hypothesis. This element does not always find external expression in the norm. Nevertheless, it, like the other two elements, is mandatory in the prescription.
Constitutional legal norms are abstract, generally binding, formally defined rules in the relevant acts. They are installed and protected by the authorities. Their main focus is the regulation of relations that make up the subject of the constitutional legal system, by establishing the responsibilities and legal capabilities of their participants. The prescription of the above three elements is considered mandatory. The absence of a disposition in the normative act - the rule itself, the model of behavior or the sanction for violation - will indicate the absence of a norm of the constitutional legal system as such.