Конституционное (государственное) право Российской Федерации. Правовая охрана Конституции РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Правовая охрана Конституции РФ (самое важное)

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9. LEGAL PROTECTION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION

Special legal protection The Constitution of the Russian Federation is established by law in order to ensure the immutability and constancy of the fundamental principles of the organization of Russian society: the supremacy of the Constitution as the Basic Law of the state, the essence and guarantees of the rights and freedoms of man and citizen, political, religious and ideological pluralism, separation of powers, parliamentarism, universal suffrage, federal device and other democratic principles.

Features of legal protection The Constitution of the Russian Federation is that the entire system of state bodies of the Russian Federation, including the President of the Russian Federation, the Government of the Russian Federation, the Federal Assembly of the Russian Federation, as well as the judicial system of the Russian Federation, is called upon to ensure compliance with constitutional norms; of course, local government bodies also ensure compliance with constitutional norms in certain settlements of the Russian Federation.

The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, ensuring and observing the rights and freedoms of man and citizen in the Russian Federation, as well as the sovereignty of the Russian Federation, its independence and state integrity.

Federal Assembly of the Russian Federation adopts federal laws in pursuance of the Constitution of the Russian Federation, hears reports from the Government of the Russian Federation on their implementation and compliance with constitutional norms in the Russian Federation, and exercises other powers to ensure compliance with the Constitution of the Russian Federation by all subjects of legal relations.

The Russian government exercises control over the observance of the Constitution of the Russian Federation and constitutional rights and freedoms by federal executive authorities and executive authorities of the subjects of the Russian Federation on issues within the jurisdiction of the Russian Federation, joint jurisdiction of the Russian Federation and its subjects.

A special place in the protection of constitutional norms belongs to Constitutional Court of the Russian Federation. It carries out the following powers to control compliance with the Constitution of the Russian Federation:

1) issues acts of official interpretation of constitutional provisions;

2) checks adopted laws and by-laws of various government bodies for compliance with the Constitution of the Russian Federation;

3) in the event of a discrepancy between the normative acts of federal authorities and the authorities of constituent entities of the Russian Federation, it recognizes this act as inconsistent with the Constitution of the Russian Federation and cancels its effect;

4) checks international treaties of the Russian Federation for compliance with the norms of the Constitution of the Russian Federation and recognizes them as conforming or inconsistent with the Constitution of the Russian Federation, and in the latter case, such international treaties are not subject to ratification, and therefore are not subject to application on the territory of the Russian Federation.

Other courts of the Russian Federation have the right to cancel the validity of normative acts of authorities of constituent entities of the Russian Federation and local self-government in the event of their non-compliance with the provisions of the Constitution of the Russian Federation at the request of the competent authorities. The legal protection of the Constitution of the Russian Federation is provided by a special complicated procedure for its adoption, amendments or amendments to its text.

All subjects of constitutional and legal relations, including diplomatic and consular missions of foreign states, representative offices of international organizations, their employees enjoying diplomatic and consular immunity, as well as other foreign citizens and stateless persons (stateless persons) legally staying on Russian territory, are required to comply with the Constitution of the Russian Federation.

Author: Kakovkina Ye.N.

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