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Constitutional (state) law of the Russian Federation. The Russian state and its constitutional characteristics (the most important)

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11. THE RUSSIAN STATE AND ITS CONSTITUTIONAL CHARACTERISTICS

Russian state can be understood in 2 senses:

1) as a specific territorial entity within which the sovereign power of the multinational people of Russia is exercised;

2) as a special apparatus of state power that extends its influence over the territory defined by state borders.

The Constitution of the Russian Federation establishes the main characteristics of the Russian state:

1) The Russian Federation is a democratic state;

2) the Russian Federation is a rule of law state;

3) the highest value of the Russian Federation is the rights and freedoms of man and citizen;

4) the form of government of the Russian Federation is a republic.

Democratic nature of the Russian Federation is made up of:

1) democracy - both direct and representative;

2) a federal structure based on the equality of the subjects of the Russian Federation;

3) political and ideological diversity.

Democracy - exercising the power of the people by making a decision directly (in a referendum) or by electing a legislative (representative) government and through local governments. Democracy in the Russian Federation is exercised on the basis of the will of the majority while respecting the will and rights of the minority. The territory of the entire Russian Federation is a set of territories of its individual subjects, which are equal in front of the Russian Federation.

Federal structure of Russia is based on the principles of territorial integrity and unity of the Russian state.

Constitutional state - a state in which the rule of law is ensured in all spheres of society.

The rule of law implies that society dominates the state in it, and not vice versa, that is, the Russian Federation has a social character.

In such a state, law is an objective consequence of historical processes, it fixes the necessary framework for freedom and justice, is provided by the state apparatus and is expressed in international norms, in the Constitution of the Russian Federation, in laws, by-laws and in the practice of implementing human rights and freedoms, democracy, market economy, etc. . P.

The rule of law presupposes the existence of a secular nature of the state, i.e. in the Russian Federation none of the religions can be declared mandatory, no one can be forced to accept or renounce religion, church officials and hierarchs are not entitled to occupy any state positions, discrimination on the basis of belonging to a particular religion, etc. is prohibited.

Guaranteed rights and freedoms of the individual in the Russian Federation ensures the implementation of the principles of democracy in the Russian Federation, since only a state that recognizes and guarantees human rights can claim that the power of the people is established in it.

Republican form of government RF means that:

1) the head of the state is: the President of the Russian Federation, the Federal Assembly of the Russian Federation (State Duma and the Federation Council) and the Government of the Russian Federation;

2) public authorities in Russia are elected or appointed, but not hereditary;

3) the term of office of government bodies is established by federal laws and cannot be for life. The Russian Federation is a mixed republic, i.e. the power of the President of the Russian Federation and the executive branch is balanced by the activities of the Federal Assembly of the Russian Federation.

Author: Kakovkina Ye.N.

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