Конституционное (государственное) право Российской Федерации. Порядок пересмотра, внесения поправок и изменения Конституции РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Порядок пересмотра, внесения поправок и изменения Конституции РФ (самое важное)

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8. PROCEDURE FOR REVISION, AMENDMENT AND AMENDMENT OF THE CONSTITUTION OF THE RUSSIAN FEDERATION

The Constitution of the Russian Federation is permanent, but modern life is mobile, as a result of which it may be necessary to amend and change constitutional norms.

The Constitution of the Russian Federation of 1993 refers to mixed constitutions, therefore, the procedure for its adoption, revision and amendments varies depending on the chapter or article being changed. For example, a simplified procedure for introducing an amendment is provided only for Art. 65, which establishes the subject composition of the Russian Federation. The procedures for changing one or another part of the Constitution of the Russian Federation are established in Chapter. 9 of the Constitution of the Russian Federation.

Change constitutions can be as: revision, amendment and amendment of the Constitution. Depending on this, the procedure for making appropriate changes is differentiated.

The Constitution of the Russian Federation may be revised (in fact, this is the adoption of a new text of the Constitution of the Russian Federation) only popular vote on the draft Constitution, which must be approved in advance by 2/3 of the votes of the members of the special Constitutional Assembly, organized in connection with the adoption of the new text of the Constitution. If, however, the draft prepared by the constitutional commission did not receive the required number of votes in its support at the meeting of the Constitutional Assembly, it cannot be submitted to a referendum. According to Art. 135 of the Constitution of the Russian Federation, such a procedure for changing is provided for in Ch. 1, 2, 9, where the foundations of the constitutional system of Russia, the rights and freedoms of the individual and the procedure for adopting, amending and amending the Constitution are fixed.

Holding a referendum on the draft Constitution is a rather laborious process, which is why the procedure for amending the Constitution is called complicated, but it is the referendum that ensures the right of the people to independently choose the constitutional system of the country.

Part of the constitutional norms can be changed by issuing by the Federal Assembly of the Russian Federation federal laws on amendments to the articles of the Constitution of the Russian Federation.

Amendment proposal to the Constitution of the Russian Federation the following subjects can contribute (Article 134 of the Constitution of the Russian Federation):

1) President of the Russian Federation;

2) the Federation Council or its group of at least 1/5 of its members;

3) the State Duma or its group of at least 1/5 of its deputies;

4) the Government of the Russian Federation;

5) legislative (representative) bodies of the subjects of the Federation.

In this case, amendments to the Constitution must be approved by at least 3/4 of the total number of members of the Federation Council and at least 2/3 of the total number of deputies of the State Duma. In this order, changes are made to Chap. 3-8 of the Constitution of the Russian Federation, which are devoted to the organization of state power (the procedure for the formation and competence of government bodies), therefore, do not affect the fundamental principles of the constitutional system of Russia.

Changes to the Constitution can only be entered in relation to Art. 65, where the subject composition of the Russian Federation is established. This article is amended by the Decree of the President of the Russian Federation, issued on the basis of federal laws on the admission of a new subject to the Russian Federation or the formation of a new subject within it. Currently, amendments have been made to Art. 65 in connection with the change in the names of the constituent entities of the Russian Federation: the Republic of Ingushetia and Alania.

Author: Kakovkina Ye.N.

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