Конституционное (государственное) право Российской Федерации. Источники конституционного права РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Источники конституционного права РФ (самое важное)

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4. SOURCES OF CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION

Source of law (in the broad sense of the word) - a set of documents and fundamental provisions on which the law enforcer relies in the implementation of his activities, including the principles of morality and legal consciousness.

Source of law (in the narrow sense) - official documents in force in the state that establish or authorize the rules of law.

Source of constitutional law of the Russian Federation - a set of norms established by the Constitution of the Russian Federation, international acts, federal constitutional and federal laws that regulate the basic principles of the organization of the state structure, the structure and functioning of state power in the Russian Federation, as well as fixing the fundamental rights and freedoms of the individual in the Russian Federation.

Types of sources of constitutional law Russia:

1) international acts, for example the Universal Declaration of Human Rights (adopted at the Third Session of the UN General Assembly by resolution 217 A (III) of December 10, 1948);

2) Constitution of the Russian Federation of December 12, 1;

3) federal constitutional laws:

a) FKZ of July 21, 1994 1-FKZ “On the Constitutional Court of the Russian Federation” (as amended on February 8, December 15, 2001);

b) Federal Law of December 17, 1997, 2-FKZ “On the Government of the Russian Federation” (as amended on December 31, 1997), etc.;

4) internal agreements, for example, the Federative Agreement (agreements on the delimitation of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of its corresponding subjects) of March 31, 1992, etc.;

5) federal laws:

a) Federal Law of August 28, 1995 154-FZ “On the general principles of the organization of local self-government in the Russian Federation” (as amended on April 22, November 26, 1, March 996, 17, August 1, 997, March 4, 2000, July 21, December 2002, 7);

b) Federal Law of January 10, 2003 No. 19-FZ “On the elections of the President of the Russian Federation”, etc.;

5) laws of the Russian Federation, for example, Law of the Russian Federation of November 28, 1991 1948-I “On Citizenship of the Russian Federation” (as amended on June 17, 1993, February 6, 1995, May 31, 2002), etc.;

6) laws of the former USSR and the RSFSR insofar as they do not contradict the Constitution of the Russian Federation;

7) decrees of the President of the Russian Federation:

a) Decree of the President of the Russian Federation of December 22, 1993 No. 2265 “On guarantees of local self-government in the Russian Federation”;

b) Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the system and structure of federal executive bodies”, etc.;

8) resolutions of the Government of the Russian Federation, for example, Decree of the Government of the Russian Federation of June 11, 1996 No. 693 “On approval of the Regulations on the procedure for ensuring special treatment in a closed administrative-territorial entity on the territory of which the facilities of the Ministry of the Russian Federation for Atomic Energy are located” (as amended by 3 April 1997, dated August 8, 2003);

9) decisions and resolutions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, for example, the resolution of the Plenum of the Supreme Court of the Russian Federation “On some issues of the application by courts of the Constitution of the Russian Federation in the administration of justice” dated October 31, 1995.

Author: Kakovkina Ye.N.

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