The issue of constitutional-legal relationships is of particular interest in legal science. The participants in these interactions have certain capabilities and responsibilities. A feature of constitutional legal relations is the multiplicity of their subjects. Next, consider this category in more detail.
Subjects and objects of constitutional law
In recent years, the state has undergone significant changes. They touched all spheres of society: economic, social, political and so on. Nevertheless, the signs of constitutional-legal interactions have not lost their significance. However, in view of the reforms, they were substantially supplemented. The objects of constitutional legal relations are social political and economic values, basic legal opportunities, freedoms and interests of people, national relations and so on. These interactions have a fundamental, primary character. They are the basis for the formation of industry interactions, precede their appearance, and in some cases determine the possibility of their occurrence. This feature allows us to assess the significance of the role of constitutional law in the state system. The specificity of the interactions is that most of them do not detail the participants. The individualization of relations that are established between themselves by the subjects of constitutional law is expressed in a certain universality of responsibilities and opportunities.
Content Interactions
It is expressed in the behavior of participants in relationships, the circle of which is very broad and specific. The subjects of the constitutional law of Russia are all the possible sides of social interactions that are endowed with relevant capabilities and competencies. This is the rationale for their implementation of the provisions of the Main Law of the state.
Subjects and sources of constitutional law
Legal relationships between participants are governed by relevant standards. Sources of constitutional law of the constituent entities of the Russian Federation are:
- International treaties.
- Charters of constituent entities of the Russian Federation.
- Generally recognized international norms and principles.
- Constitution.
To implement state guarantees that protect the freedoms and interests of participants in the interactions under consideration, relevant laws and other regulations are adopted. The subjects of constitutional law are:
- State.
- Deputies
- People.
- Regions of Russia.
- Population.
- Small indigenous peoples.
- State authorities.
- Municipalities.
- Election commissions.
- Local government structures.
- Voter Meetings.
- Citizens.
- Ethnic groups.
- Stateless Persons.
- Foreigners and so on.
People
Features of the subjects of constitutional law of the Russian Federation consist in their versatility and diversity. So, the people as a whole is a community of citizens. He acts as a subject of constitutional law during the election of deputies of the State Duma, Head of State, referendum. The role of the people in the implementation of democratic forms at the national level is also great. A similar community, but within a certain territory of the country, is the people of the region (region, AO, republic, region, and so on).
He has the ability to exercise public authority within the jurisdiction of a particular state or national-territorial entity.The constitutional law of the constituent entities of the Russian Federation is embodied in participation in referenda, elections to executive and representative bodies, as well as the election of the head of a certain region. Another commonality is the small indigenous peoples. They also act as subjects of constitutional law of the Russian Federation.
Exclusivity of Popular Status
It is ensured primarily due to the fact that this subject of constitutional law acts as a carrier of sovereignty and an exclusive source of power in the state. The people have the opportunity to form representative state bodies, to participate in the election of the President, to express their will through a referendum. Ethnic communities, nations can enter into constitutional-legal interactions with each other, with government institutions to resolve issues of national statehood and other problems concerning them.
State
This is a special subject, the status of which is determined by the Constitution. It consolidates the properties of state sovereignty, internal structure and international position. Regions are also participants in the relationship in question. Their status is established by the constitutional statutory law of the constituent entities of the Russian Federation. The state acts as a regulator of social interactions. It is primarily a carrier of rule-making power.
Subjects of the Russian Federation can participate in constitutional legal relations through state bodies acting on their behalf. An example is the Treaty of March 31, 1992. By its terms, the objects of authority and competence were distinguished between the authorities of the Russian Federation at the federal level and institutions of state power of the subjects. The interactions under consideration can arise between republics, autonomies, autonomous okrugs, territories, regions, and so on.
Nations
They act as subjects of constitutional law of foreign countries. For example, in France, a nation is essentially a people. Representatives of different ethnic groups live in Russia. In the years of the USSR, they were considered as communities personifying the titular nationalities of the Union republics. According to the doctrine of that period, these subjects of constitutional law were endowed with the possibility of secession from the USSR. However, the modern state is not being built according to the confederal type. In this regard, nations in ethnic value cannot be considered as subjects of the constitutional law of the Russian Federation. Today, such communities act more as participants. international relations.
Administrative units
They represent not only geographical, but also political entities. Their basis is the population. It is she who, creating local authorities, gives the administrative-territorial units signs of political formations. Election districts also act as subjects of constitutional law of Russia. Due to their activities, the legal opportunity of citizens to represent themselves in state power structures is realized.
State and local government bodies
In the Russian Federation they include:
- Government.
- Federal Assembly.
- City Council.
- Constitutional Court.
- Local administration.
- The highest arbitration court and so on.
By means of the norms enshrined in the Main Law, the competence and the spheres of authority that are vested with these subjects of constitutional law are distinguished. Possessing a legal opportunity to exercise state power and exercise local self-government, they perform certain tasks. These include, in particular, the publication of laws, the oversight of the functioning of other structures, the enforcement of laws, and so on. The indicated subjects of constitutional law appear in interactions as holders of authority or as subordinates, and in some cases as equal participants.
Officials
They also act as subjects of constitutional law. These should include:
- The President.
- Chairpersons of Parliamentary Chambers - Federal Assembly.
- Attorney General.
- Chairman of the Constitutional Court.
- Head of Government and others.
The President of the country has broad managerial, legislative, representative powers. The head of state enters into interactions with the regions, the Government, Parliament and other participants. Relations that are based on constitutional norms acquire the corresponding constitutional legal status. A number of interactions with the participation of these parties also include the above officials.
Voters and Deputies
These entities have a specific legal capacity. Voters participate in interactions to select representatives to different legislative bodies. Through their actions, the State Duma, the Legislative Assembly, the Council of Federations, the City Council and other structures are formed. Deputies may participate in the functioning of the institutions to which they are included (elected), as well as in solving the problems that they consider, approving acts that they adopt.
Political and other public formations
These associations have recently become increasingly important and play an increasingly significant role in the life of the state. Political parties and other public groups participate in election campaigns. As part of these processes, they nominate candidates for parliament, plan and conduct election campaigns. Of particular importance is their participation in the conduct of all-Russian referenda, the protection and preservation of constitutional freedoms and rights of citizens, and local self-government.
Individuals
They all take part in constitutional legal interactions. Citizens, foreigners, stateless persons can exercise their legal capabilities, duties and freedoms on the territory of the state. The scope of their rights is established in the Constitution. Citizens of the state undoubtedly have great opportunities. It should be said that they are endowed with constitutional rights regardless of race, gender, language, nationality, religious beliefs, social status, official position and other signs. Foreigners and stateless persons may become participants in the interactions under consideration in connection with their acquisition of citizenship, obtaining temporary political asylum, and for other reasons established by law.
Participants Responsibilities
They are quite heterogeneous. The obligations of the subjects of constitutional law are universal. Along with this, they can be conditionally divided into categories. Some apply equally to all participants, others apply specifically to a group, and others apply to a specific recipient.
Legal facts
They represent certain circumstances with which legal norms link the appearance, change or termination of legal relations. Specific interactions require more accurately documented legal facts. Given the nature of the relationship with the personal will of individuals, they are divided into actions and events. The latter are facts whose occurrence does not depend on the will of the participants in the interactions.
For example, the death of a deputy is an event that entails the end of constitutional legal relations between him and voters. However, the most common actions among legal facts. They may be legitimate. Through them accumulates the social activity of the parties to the relationship. Lawful actions reflect the process of purposeful activity. They are supported and stimulated by the norms of the Main Law. Actions may be unlawful. The entities implementing them violate the provisions of constitutional law.Most of the interaction arises from positive behavior.
findings
The main task of constitutional law norms is the regulation of emerging social relations, which constitute the subject of the discipline in question. Under the action of prescriptions, certain models of behavior of the participants in the interactions are formed. In this regard, it is necessary to highlight the signs of constitutional-legal relations, reflecting their specifics:
- Interactions differ in content. They are formed in a special area of relations that form a constitutional-legal subject.
- Relationships are characterized by a specific composition of participants. Among the subjects there are those who cannot act as parties to other types of legal relations.
Finally
The constitutional and legal sphere is distinguished by the presence of a greater number of diverse relations than in other sectors, the multilayer nature of relations between participants, often established through the formation of a complex chain of interactions. Most of them arise from the publication of legal acts. Constitutional and legal relations thus act as public interactions regulated by constitutional law. The content of the latter is a legal relationship between the participants in the form of mutual opportunities and responsibilities provided for in this act. The specificity of the subject, the diverse nature of constitutional law rules also determines the differences in the types of relations that are forming.
The most classical variant of interactions are those that arise during the implementation of norm-rules. Through them, acceptable patterns of behavior of subjects are formed. Based on these norms, very definite relationships are formed, within the framework of which the participants, their mutual legal capabilities and responsibilities are clearly defined. In the implementation of other norms, other relations are established, respectively. For example, it can be norms-declarations, principles, goals. Through the legal relations formed on their basis, the requirements laid down in these acts are implemented. These interactions are general in nature. They do not specify the subject composition, and do not establish a list of duties and rights. The results of referenda and elections, drawn up in accordance with the law, also acquire higher legal force.