Constitutional (state) law of the Russian Federation. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Constitutional (state) law of the Russian Federation. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. RUSSIAN CONSTITUTIONAL LAW AS A BRANCH OF LAW AND A BRANCH OF SCIENCE

Constitutional law of the Russian Federation - a branch of Russian law that regulates social relations in all areas of society: political, economic, social spheres, etc., ensuring the implementation of constitutional norms through the exercise of constitutional control.

Constitutional law - an independent branch of the Russian legislation system. She has:

1) own subject of legal regulation;

2) own, specific methods of regulating social relations.

Constitutional law system - a set of norms of constitutional law, the structure of which is determined by the system of constitutional and legal relations.

System constitutional law It comprises:

1) norms;

2) institutions.

Constitutional legal institute - a set of norms of constitutional law that regulate homogeneous and interconnected social relations and form a relatively independent group.

Institutes of constitutional law:

1) the foundations of the constitutional system;

2) the basics of the legal status of a person and citizen;

3) federal structure of the state;

4) the system of state authorities and local governments.

In addition to constitutional law as a branch of law, the constitutional law of Russia stands out as a science.

Science of constitutional law - a set of ideas, theories and views on constitutional legal institutions and relations, as well as on the practice of applying the norms of constitutional law and its historical development in Russia.

The science of constitutional law is an independent science. It has its own subject of study and specific methods, thanks to which it stands out as an independent science.

Subject of study of science constitutional law:

1) the essence, structure of the branch of Russian constitutional law, its sources;

2) actual relations regulated by the norms of constitutional law;

3) practice of implementing the norms of this industry;

4) the history of the science of constitutional law itself, making forecasts for its development.

Methods science of constitutional law:

1) historical;

2) comparative legal;

3) systemic;

4) statistical;

5) concrete sociological, etc.

The constitutional law of the Russian Federation is closely connected with other branches of Russian law. It is the basis of the entire legal system of the Russian Federation. The connection with the criminal law of the Russian Federation is expressed in the fact that it is the Constitution of the Russian Federation that contains the norms on the rights of man and citizen, the principles of protecting natural human rights, the foundations of the humanization of criminal law.

Civil law is no less closely related to constitutional law, since the Constitution of the Russian Federation enshrines the right of private property, which is the main one for civil legal relations.

The constitutional law of Russia is also connected with other branches of the law of the Russian Federation: with labor - the Constitution enshrined the right of citizens to work and rest, basic guarantees of security and wages; with the administrative - constitutional norms establish the competence of the highest federal authorities and the principles of the activities of all other bodies; with environmental - the Constitution contains a provision on the universal right to environmentally friendly living conditions, etc.

2. SUBJECT AND METHODS OF RUSSIAN CONSTITUTIONAL LAW

Subject of regulation of constitutional law - relations that are regulated by the norms of constitutional law and develop in the process of interaction between a person and the state regarding the structure of the state, the form of government, and also about the foundations of the constitutional order.

Constitutional legal relations - mass and most significant relations for society, aimed at exercising the power and sovereignty of the people, as well as protecting the rights and freedoms of a citizen and an individual.

Constitutional and legal relations arise in all spheres of life of society: the constitutional order of the Russian Federation; federal structure; protection of the rights and freedoms of the individual; the foundations of state power and the principles of its functioning in the Russian Federation, other areas regulated by the norms of the Constitution of the Russian Federation.

Constitutional legal relations arise, change and terminate on the basis of legal facts.

Legal Facts: events (they do not depend on the will of the subject, and the change or termination of legal relations in this case occurs due to objective reasons) and actions (they are the result of the will of a person, that is, the change, emergence and termination of relations occurs at the will of the parties).

Features of constitutional and legal relations:

1) special content and subject;

2) special subject composition;

3) a significant number of species.

Types of constitutional legal relations:

1) specific constitutional and legal relations (the subjects, their rights and obligations are clearly defined in them);

2) legal relations of a general nature (they do not clearly define the subject composition and do not define their rights and obligations).

Depending on the sphere of occurrence of constitutional legal relations, constitutional legal relations are distinguished:

1) related to the establishment of the constitutional foundations of civil society;

2) the constitutional system of the Russian Federation;

3) regulation of the legal status of the individual in the Russian Federation.

The content of constitutional and legal relations: mutual or unilateral rights and obligations of subjects of constitutional legal relations. At the same time, the subjects of constitutional legal relations are not equal among themselves, therefore, constitutional relations have the structure of "power - subordination".

Subjects constitutional legal relations:

1) individuals (citizens of the Russian Federation, foreigners, persons with dual citizenship (bipatrides), stateless persons (stateless persons), persons with special legal capacity);

2) state entities (RF, constituent entities of the Russian Federation, federal bodies of the state of the Russian Federation and constituent entities of the Russian Federation);

3) public associations.

Object constitutional relations - the subject, about which there are legal relations.

Methods of constitutional law - a set of specific techniques and methods of legal influence on individual social relations in the field of constitutional regulation.

The main feature of the methods of constitutional law is their diversity, which was formed due to a significant number of regulated social relations.

Ways of constitutional regulation on public relations:

1) permission;

2) assignment of responsibilities;

3) prohibition.

Constitutional and legal methods:

1) imperative;

2) dispositive, etc.

3. CONSTITUTIONAL AND LEGAL RESPONSIBILITY: CONCEPT AND MAIN FEATURES

Constitutional and legal responsibility - the obligation of the subject of legal relations (citizen, authority, official) to suffer adverse consequences in the form of restrictions on the personal or property nature of their illegal actions (inaction), established by the Constitution of the Russian Federation and other federal laws.

Like any other legal responsibility, constitutional and legal responsibility arises as a result of the commission of a guilty offense by the subject of the legal relationship.

Offense in the field of constitutional and legal relations is made up of:

1) subject (citizens of the Russian Federation, foreign citizens, stateless persons, state authorities, officials);

2) the subjective side (only in the presence of guilty behavior of the subject);

3) object (social relations arising regarding the preservation of the constitutional system of the Russian Federation, the federal structure, the protection of individual rights and freedoms, the work of state authorities and the procedure for their formation and other constitutional guarantees);

4) the objective side (it is expressed in the actions or inactions of the subject aimed at violating Russian legislation in the field of constitutional relations).

Signs of constitutional and legal responsibility:

1) it is established by special legislation that specifies constitutional provisions (for example, certain federal laws on the provision of guarantees to citizens, on local self-government, on the procedure for the activities and formation of government bodies of the Russian Federation and its subjects, etc.), and not by the Constitution of the Russian Federation itself, since it does not contain any types of liability (sanctions) for violation of constitutional legislation;

2) it is established, as a rule, in particularly harsh forms, since in this case the fundamental principles of the Russian state are violated (for example, the Criminal Code of the Russian Federation in Chapter 29 establishes liability for crimes against the foundations of the constitutional system and the security of the state in the form of imprisonment, and in most cases for a period of over 10 years);

3) it occurs only in the presence of guilt.

Types of constitutional and legal responsibility:

1) responsibility for violating the foundations of the constitutional system of the Russian Federation;

2) responsibility for violation of personal rights and freedoms of a person and citizen;

3) responsibility for violation of political rights and freedoms of man and citizen;

4) responsibility for violation of socio-economic rights and freedoms of man and citizen;

5) responsibility for violation of cultural rights and freedoms of man and citizen;

6) responsibility for violations in the implementation of management and violations of legislation by state authorities and local governments, etc.

A feature of constitutional and legal responsibility for violation of constitutional rights and freedoms of the individual is that the legislative regulation of this type of liability depends on the protected right, for example, liability for violation of the electoral rights of citizens comes in accordance with criminal, administrative law; for violation of labor rights - in accordance with labor; property rights - with civil, etc.

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.

5. CONSTITUTION: ESSENCE, CONTENT, PROPERTIES AND TYPES

Constitution - The Basic Law of the State, adopted in a special manner, having the highest legal force, supremacy throughout the Russian Federation and establishing the main principles of the organization of state power, as well as the structure of society and the state and the relationship between them.

The constitution establishes:

1) the basic principles of the structure of society and the state;

2) names and powers of public authorities;

3) the mechanism for exercising state power;

4) fundamental rights, freedoms and responsibilities of man and citizen.

Her characteristic features:

1) a special subject on whose behalf the Basic Law is adopted - the people;

2) the constituent nature of constitutional and legal norms;

3) expanded subject matter of regulation of the Constitution;

4) special legal properties of the Constitution.

Its legal properties:

1) the supremacy of the Basic Law throughout the entire territory of the Russian Federation, including the territory of individual constituent entities of the Russian Federation;

2) supreme legal force in relation to the legislation of the state;

3) special protection of constitutional norms;

4) direct effect of constitutional norms;

5) a special procedure for adopting the Constitution and introducing amendments to it.

The essence of the constitution depends on whose interests are expressed by constitutional and legal norms. Therefore, depending on the theory of the origin of the state and law, the following can be distinguished approaches to essence constitutions:

1) according to the theory of the social contract, the essence of the constitution lies in the sovereignty of the people, who voluntarily adopted the basic law that establishes the foundations and limits of state power, into whose hands the people transferred their powers;

2) theological theory claims that the constitution is the product of divine instructions to people about the rules of being;

3) schools of natural law support the view that constitutional norms are the experience of the people of the country, therefore, borrowing experience from other peoples leads to the fragility of the constitution;

4) according to the Marxist-Leninist theory, the essence of the constitution is that it expresses the will of the ruling class, and not the entire population.

The Constitution as a normative act is adopted in the form of a written document issued in a special, as a rule, more complicated procedure than other laws of the country. However, the basic law can be not only written, in this case one speaks of an "unwritten" constitution (Great Britain).

Constitutions can be:

1) depending from the historical stage of adoption (first generation, second generation);

2) on social grounds (democratic constitutions (in force in most countries of the civilized world), authoritarian constitutions (at present they are extremely rare openly, usually real authoritarianism is covered up by demagogic slogans), totalitarian constitutions, etc.);

3) by way of change (“flexible” (they are changed in the same simplified procedure as other laws of the country), “rigid” (to change these constitutions, a special complicated procedure is required), “mixed”);

4) by validity period (permanent, temporary (the text of such constitutions expressly indicates the period of validity or the condition under which the constitution is terminated)).

6. DEVELOPMENT OF THE CONSTITUTION IN RUSSIA

The Constitution of the Russian Federation is currently in force. by popular vote on December 12, 1993 Before its adoption, the constitutional system of the Russian state went through a difficult path of development, starting with the Constitutions of the USSR. The first constitution was adopted in 1918 It was based on the "Declaration of the Rights of the Working and Exploited People", which called the Soviet state a federation of Soviet national republics, and Russia a republic of Soviets. It was these fundamental principles that formed the basis of the Constitution of 1918, which thereby consolidated the gains of Soviet power in October 1917.

Subsequent Constitution of the USSR adopted in 1924, it is due to the conclusion of the Treaty on the Formation of the USSR in 1922. With the formation of the new state of the USSR, the operation of the Constitution of the Republic of Soviets of 1918 became difficult, which was the reason for the adoption of the new Constitution. In general, the Constitution of 1924 consolidated the creation of the USSR and the effect of the “Declaration of the Rights of the Working and Exploited People,” and more precise regulation of state power was carried out by the constitutions of individual union republics.

In 1936 the new Constitution of the USSR was approved, which consolidated the victory of socialism, the establishment of a new system of government bodies, universal equal suffrage by secret ballot, expanded rights and freedoms of citizens of the USSR. It existed for quite a long time, but in 1959 the Soviet government came to the conclusion about the complete victory of socialism and therefore it became necessary to adopt a new Constitution of the USSR, which appeared only in 1978 This Constitution of the USSR was the last in the Soviet state and was distinguished by the fact that in it the people were declared the only subject of power in the state, however, the Communist Party was still called the leading force, thus, the Constitution of 1978, although it established democratic principles, nevertheless as a whole remained formal, like all previous Constitutions of the USSR. From this moment begins the history of the development of the Constitution of the Russian Federation. Its adoption was connected with the political situation prevailing in Russia at that time.

So, in 1990-1993 in Russia, constitutional reforms were widely carried out, aimed at establishing a new constitutional order of the country, associated with the transition of the Russian Federation from socialism to democracy. The beginning of the reform is associated with the formation at the First Congress of People's Deputies of the RSFSR in the summer of 1.

Constitutional Commission headed by B. N. Yeltsin, which first began drafting a new Constitution.

The draft prepared by this commission was not adopted either at the first or at the second discussion at the congresses of people's deputies, but the general concept of the Constitution was approved, which significantly delayed the transition to a new constitutional system in Russia, therefore, in early 1993, it was convened Constitutional meeting, which, as a result of its work, adopted the so-called “presidential draft” of the Constitution. It was he who was submitted to a national referendum on December 12, 1993.

The entire population of Russia took part in the referendum on the discussion of the draft Constitution, and according to the results of the vote, the Constitution of the Russian Federation was adopted at an all-Russian referendum on December 12, 1993.

7. CONSTITUTION OF THE RUSSIAN FEDERATION OF 1993: PRINCIPLES OF SUPERIORITY AND DIRECT ACTION

The Constitution of the Russian Federation - the main normative act of Russia, which has the highest legal force throughout the Russian Federation and direct action.

Based on the definition, the Constitution of the Russian Federation is based on 2 main principles:

1) the supremacy of the Basic Law;

2) direct effect of constitutional norms.

Supremacy constitutional norms means that the Constitution of the Russian Federation of 1993 is valid throughout the territory of the Russian Federation. This principle is also reflected in the federal structure of the Russian Federation. Despite the fact that the subjects of the Russian Federation are endowed with the right to adopt their own constitutions (charters), nevertheless, the effect of these regulations is limited to the territory of the subjects, while the Constitution of the Russian Federation extends its effect to all subjects simultaneously.

The supremacy of the Constitution of the Russian Federation means its supreme legal force, i.e., all normative acts adopted on the territory of the Russian Federation (regardless of whether they are federal or adopted only in individual subjects of the Russian Federation) must comply with constitutional norms. Therefore, the Constitution of the Russian Federation can be called the fundamental basis of the entire legal system of Russia.

Principle direct action means that constitutional and legal norms operate on the territory of the Russian Federation not indirectly, but directly, directly, i.e. observance of constitutional norms should not be made dependent on any circumstances.

The current Constitution of the Russian Federation was adopted by popular vote on December 12, 1993. It is a written, permanent constitution of the second generation.

The structure of the Constitution of the Russian Federation consists of a short preamble, two sections, the first of which is divided into 9 chapters.

The content of the Constitution of the Russian Federation includes:

1) full and consistent consolidation of generally recognized fundamental rights and freedoms of man and citizen in accordance with international standards for the protection of human rights;

2) characteristics of institutions and mechanisms for ensuring the interaction of human and civil rights and freedoms with all other constitutional institutions in the sphere of the political and economic structure of the state;

3) rules for ensuring the implementation of constitutional rights and freedoms of the individual.

Many of the chapters of the Constitution of the Russian Federation are devoted to the structure and competence of state authorities: the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation. In addition, the Constitution establishes the principles and structure of the judiciary.

The Constitution of the Russian Federation establishes all the basic democratic principles: the election of the highest state bodies, the right of citizens to local self-government, etc.

The Constitution of the Russian Federation in its content establishes another of the main principles of a democratic state - principle of separation of powers, according to which Russia simultaneously operates three branches of government:

1) legislative;

2) executive;

3) judicial.

Thanks to this principle, system of "checks and balances" in the power structure, which ensures the normal functioning and interaction of various authorities. This principle is also ensured by delimiting the rule-making activities of the President of the Russian Federation, the Federal Assembly and the Government of the Russian Federation, the spheres of joint and separate competence of the Russian Federation, its constituent entities and local governments.

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.

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.

10. CONCEPT AND GENERAL CHARACTERISTICS OF THE FOUNDATIONS OF THE CONSTITUTIONAL ORDER OF THE RUSSIAN FEDERATION

Constitutional system (in the narrow sense) - a certain organization of the state established by the Constitution.

Constitutional system (in the broadest sense) - a set of economic, political, social, legal, ideological, public relations arising in connection with the organization of higher authorities, the state system, the relationship between man and the state, as well as civil society and the state.

Elements of the constitutional order RF:

1) republican form of government;

2) the sovereignty of the Russian Federation;

3) rights and freedoms of the individual;

4) the source of power is the multinational people of Russia;

5) the supremacy of the Constitution of the Russian Federation and federal legislation;

6) federal state structure;

7) citizenship of the Russian Federation;

8) division of state power into legislative, executive and judicial;

9) organization of local self-government.

Fundamentals of the constitutional order of the Russian Federation - the fundamental principles and principles that form the theoretical and normative base of the entire system of constitutional law of the Russian Federation. They are fixed in ch. 1 of the Constitution of the Russian Federation.

Principles of the constitutional system of the Russian Federation - the fundamental principles of the state structure of the Russian Federation, directly dependent on the elements of the constitutional system of the Russian Federation. The following principles constitutional system of the Russian Federation:

1) democracy (it is characterized by the supremacy of the power of the people; the origin of state power only on behalf of the multinational people of the Russian Federation; the presence of 2 forms of democracy: direct and representative);

2) priority of universal human values, rights and freedoms of the individual;

3) the rule of law;

4) federalism (it includes the territorial integrity of the state; the supremacy of state power and the federal system of law throughout the entire territory of the Russian Federation, including the territory of the constituent entities of the Russian Federation; equality of the constituent entities of the Russian Federation before the Russian Federation as the only bearer of state sovereignty, etc.);

5) state sovereignty (it includes the following elements: state integrity, unity of the system of state power, delimitation of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, recognition of the equality of the peoples of Russia);

6) the social nature of the Russian Federation (i.e., the policy of the Russian Federation is aimed at creating conditions that ensure a decent life and free development of people);

7) the secular nature of the Russian state (i.e. in the Russian Federation, the activities of state authorities and religious associations are carried out independently of each other, the state does not have the right to interfere in the affairs of the church);

8) republican form of government (a feature of the republican form of government in the Russian Federation is that it is mixed, and not presidential or parliamentary);

9) separation of powers;

10) political pluralism (in the Russian Federation, social and political diversity, freedom of views and worldview of citizens are guaranteed);

11) diversity of forms of ownership and freedom of economic relations (the territory of the Russian Federation is a single economic space, it guarantees the free movement of goods, services and financial resources, support for competition, and freedom of economic activity).

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.

12. STATE SOVEREIGNTY OF THE RUSSIAN FEDERATION

RF is a sovereign state.

State sovereignty of the Russian Federation - independence and freedom of the multinational people of Russia in determining their political, economic, social and cultural development, as well as the territorial integrity, supremacy of the Russian Federation and its independence in relations with other states.

Sovereignty of the Russian Federation - "a natural and necessary condition for the existence of the statehood of Russia, which has a centuries-old history, culture and established traditions" (Declaration on State Sovereignty of the RSFSR of June 12, 1990).

A prerequisite for the formation of a sovereign state is the nation as a historical and cultural association of people. The multinational people of Russia are the only bearer of sovereignty and source of state power. The state sovereignty of the Russian Federation is made up of the rights of individual peoples of Russia, therefore the Russian Federation guarantees the right of each people of Russia to self-determination within the territory of the Russian Federation in their chosen national-state and national-cultural forms, the preservation of national culture and history, the free development and use of their native language, etc. d.

Structural elements state sovereignty of the Russian Federation:

1) autonomy and independence of the state power of the Russian Federation;

2) the supremacy of state power throughout the Russian Federation, including its individual subjects;

3) territorial integrity of the Russian Federation.

Autonomy and independence of state power The Russian Federation assumes that the Russian Federation independently determines the direction of both domestic and foreign policy.

To ensure the right of the state power of the Russian Federation to independently determine politics, economics and other spheres of society, the Constitution establishes:

1) the full power of the Russian Federation in resolving all issues of state and public life, with the exception of those that it voluntarily transfers to the jurisdiction of the constituent entities of the Russian Federation;

2) the supremacy of the Constitution of the Russian Federation and the laws of the Russian Federation throughout its territory;

3) the exclusive right of the people to own, use and dispose of the national wealth of the Russian Federation;

4) authorized representation of the Russian Federation in foreign relations;

5) the right of the Russian Federation to exercise its powers in all forms provided for by law.

The supremacy of the state power of the Russian Federation - the supremacy of federal state authorities in regulating the internal relations of the Russian Federation with its subjects, established by the Constitution of the Russian Federation.

Thus, the following have the highest legal force in the Russian Federation: the Constitution of the Russian Federation, federal constitutional laws and federal laws in relation to the laws of the constituent entities of the Russian Federation. The sovereignty of the Russian Federation presupposes integrity and independence territory of the Russian Federation.

The territory of the Russian Federation includes the territories of separate administrative-territorial units that have a certain degree of statehood - the subjects of the Russian Federation, however, the territory of the Russian Federation is a single whole and is indivisible.

Subjects of the Russian Federation do not have the right to secede from the Russian Federation, thereby changing its borders, they are vested with the right to establish and change only administrative-territorial borders within the Russian Federation.

The Russian Federation has its own official state symbols, which determine its sovereignty in relations with foreign states.

13. ECONOMIC AND POLITICAL FOUNDATIONS OF THE CONSTITUTIONAL ORDER OF RUSSIA

Economic foundations of the constitutional order of the Russian Federation - relations of ownership, exchange, distribution and consumption of material and spiritual goods. A feature of the economic regulation of the Russian Federation is that the system of a market economy operates in the Russian Federation.

Elements of the economic foundations of the constitutional order RF:

1) property relations (in the Russian Federation, state and private property are recognized and equally protected);

2) material production (it is the main way of organizing the labor of the population, which means it is the basis of the entire economic system of the Russian Federation). The Russian Federation guarantees the right of citizens to engage in such type of economic activity as entrepreneurial activity, which, although not production, still serves the specified activity, and therefore ensures trade turnover in the country and the market structure of the economy. The political basis of the constitutional system of the Russian Federation is the political system of the Russian Federation.

The political system of society - a set of interacting norms, ideas and the political institutions of society based on them, its institutions that organize political power, the interaction of the state and the individual.

Elements of the political system of the Russian Federation:

1) political parties and associations;

2) political system of the state, etc.

The political system of the Russian Federation is based on the principles of a multi-party system and ideological diversity. The State Duma of the Russian Federation is represented by a significant number of political parties that defend the interests of various segments of the population, which ensures the implementation of the principle of a multi-party system in the Russian Federation.

Ideological diversity includes:

1) freedom of ideas and beliefs of citizens;

2) political pluralism and freedom of political organizations;

3) religious freedom.

The freedom of ideas and views of citizens of the Russian Federation is expressed in the universal right to independently determine their worldview and the inadmissibility of establishing any restrictions depending on these ideas and views.

Political diversity (pluralism) - the presence of various directions in practical political activity in the state, expressed in agitation for or against certain trends, programs, bills, etc. in political life, for or against certain candidates in elections, for one or another solution of issues submitted to referendums , etc.

Currently, the totality of political parties in Russia is represented by a significant number of political parties and political associations pursuing various goals. Political diversity presupposes the freedom of citizens to choose the form of participation in the political life of the country. All citizens of the Russian Federation have the right:

1) create political parties on a voluntary basis in accordance with their convictions;

2) join political parties or refrain from joining political parties;

3) participate in the activities of political parties in accordance with their charters;

4) freely leave political parties.

religious freedom implies the right of citizens to profess any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them.

14. PRINCIPLES OF A SOCIAL AND LEGAL STATE IN THE CONSTITUTION OF THE RUSSIAN FEDERATION

The Constitution of the Russian Federation proclaims Russia a legal and social state.

RF as constitutional state provides on its territory:

1) democracy at all levels of government;

2) observance and implementation of human and civil rights and freedoms;

3) a republican form of government with respect for other political views and opinions;

4) the federal structure of the Russian Federation while respecting the rights of the small peoples of Russia, etc.

The rule of law should ensure the rule of law, freedom and justice in society in accordance with international norms, the Constitution of the Russian Federation, and federal laws.

The Russian Federation guarantees all fundamental human rights and freedoms enshrined in international law, legislatively establishing them in the Constitution of the Russian Federation.

The rule of law is unthinkable without the rule of law throughout its territory. Therefore, on the territory of the entire Russian Federation, federal laws, including the territory of each subject of the Russian Federation, have the highest legal force.

Welfare state - a state in which state power is limited by the rights of man and citizen, and the established state-legal order ensures universal freedom, formal equality and the rule of law.

The social essence of the Russian Federation is made up of:

1) restrictions of the state power of the Russian Federation on the socio-economic rights of citizens of the Russian Federation;

2) non-interference of the state in the market economy, except for cases established by federal legislation: general directions of economic policy, limitation of monopolies in economic activity and production.

Social guarantees in the Russian Federation are established in order to ensure public well-being in the Russian Federation, the well-being of citizens of the Russian Federation. In this regard, the Russian Federation guarantees the payment of social maintenance to needy members of society due to their state of health and material security. Social support in the form of benefits and other payments established by federal laws can be provided to both working citizens and non-working citizens (if a person’s lack of work is associated with unemployment, illness, disability, widowhood, old age, etc.).

Social benefits can be:

1) due to temporary disability;

2) unemployment;

3) families with children;

4) for pregnancy and childbirth.

The social essence of the Russian state is directly related to the right of everyone to social security.

State social security - state pensions and social benefits established by the federal legislation of the Russian Federation in order to ensure the care of the state about citizens.

Social payments Are established for the following categories of citizens:

1) pensioners (once men reach 60 years of age, and women - 55 years of age);

2) disabled (temporarily or permanently), disabled people, etc.;

3) those who have lost their breadwinner;

4) having children, etc.

Non-intervention of the Russian Federation in the economic relations of the country does not mean complete freedom of the subjects of market relations. Competition must be healthy, the establishment of monopolies in one or another economic sphere is prohibited, the state must not provide support to any subject of economic relations, except in cases established by federal laws.

15. POWER OF THE PEOPLE IS THE BASIS OF THE CONSTITUTIONAL ORDER OF THE RUSSIAN FEDERATION. TYPES AND FORMS OF PUBLIC POWER

In Russia, the only source of power is the people.

Democracy - the will of the people in governing the state directly or through representatives, which is carried out freely by the people, but in accordance with the requirements of the law, its sovereign will and the interests of the state. In the Russian Federation, power is legitimized and controlled by the people, the citizens of the Russian Federation.

Elements of democracy in the Russian Federation:

1) collective subject - citizens of the Russian Federation;

2) object - power.

Forms of democracy:

1) immediate (direct) democracy;

2) representative (indirect) democracy.

Direct democracy - this is a direct expression of the will of the people or part of it to resolve the most important for the state issues of regulating public life.

Types of direct democracy:

1) referendum;

2) elections;

3) peaceful meetings, rallies, demonstrations, processions, pickets, etc.;

4) people's law-making initiative in local government bodies, citizens' initiative to hold a referendum;

5) individual and collective appeals of citizens to state bodies and local governments.

The highest forms of direct democracy: referendum and elections. Constitutional guarantees of democracy - elections in the Russian Federation are held on the basis of:

1) universal;

2) equal;

3) secret ballot.

Depending on the content of the institute institutions of direct democracy can be:

1) methods of making a binding and final decision (free elections, referendum);

2) forms of expression of popular opinion that have an advisory, but not mandatory value for decision-making by authorities (rallies, demonstrations, discussion of a draft law, etc.

Representative democracy (democracy) - this is the exercise of power by the people through the representative bodies of state power and local self-government.

Organs of representative democracy:

1) the highest collegiate bodies of legislative power (State Duma of the Federal Assembly of the Russian Federation, parliaments of constituent entities of the Russian Federation, city dumas, etc.);

2) individual bodies (President of the Russian Federation, presidents of the republics within the Russian Federation, governors of territories, regions and autonomies, mayors of cities, etc.).

Depending on the immediacy of the will of citizens and its influence on the management of power in the formation of government bodies, representation of the people various degrees:

1) bodies directly elected by the people (State Duma, President of the Russian Federation, etc.);

2) bodies formed by representative bodies of the first degree (Government of the Russian Federation, Commissioner for Human Rights);

3) bodies formed by representative bodies of the second degree (Accounts Chamber, etc.), etc.

Forms of indirect democracy:

1) discussion of draft laws and other important issues of public life of the state;

2) people's law-making initiative in the legislative bodies of the Russian Federation;

3) participation of citizens in the management of society through local governments, public organizations, gatherings and meetings of citizens;

4) individual and collective appeals of citizens to state authorities and local governments on all issues.

16. CONCEPT AND TYPES OF REFERENDUMS IN THE RUSSIAN FEDERATION

Referendum - one of the highest forms of direct democracy in the Russian Federation.

Russian referendum - voting of citizens of the Russian Federation on bills, laws in force and other issues of state and local importance, based on universal, equal and secret ballot.

Depending on the from the content of the billsubmitted for discussion by way of a referendum are distinguished referenda:

1) constitutional;

2) ordinary.

Depending on the from the time of the referendum are divided into:

1) preventive (pre-legislative);

2) approver (post-legislative).

In order of conduct can be referenda:

1) mandatory;

2) optional.

Types of referendum depending on from territory:

1) all-Russian referendum (it is held on issues of general federal importance based on the decision of the President of the Russian Federation);

2) a referendum of a constituent entity of the Russian Federation (it is held on issues under the jurisdiction of the corresponding constituent entity of the Russian Federation or joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation, if these issues are not regulated by the Constitution of the Russian Federation and federal law);

3) local referendum (it is held on issues of local importance that are under the jurisdiction of local governments).

Feature of the referendum of the Russian Federation is that it is held on particularly important issues for the state (the adoption of a new Constitution).

The procedure for holding an all-Russian referendum is established by the FKZ of October 10, 1995 No. 2-FkZ "On the referendum of the Russian Federation" (as amended on September 27, 2002).

The subjects of the Russian Federation have the right in their constitutions (charters) to establish a range of issues subject to mandatory submission to a referendum of the subject of the Russian Federation, with the exception of the following issues related to the exclusive competence of the federal authorities:

1) early termination or extension of the term of office of public authorities of a constituent entity of the Russian Federation, local self-government bodies, suspension of the exercise of their powers, as well as holding early elections to public authorities of a constituent entity of the Russian Federation, local self-government bodies or postponing these elections;

2) the personnel of government bodies of a constituent entity of the Russian Federation, local government bodies;

3) election of deputies and officials, approval, appointment and dismissal of officials, as well as giving consent to their appointment and dismissal;

4) adoption or change of the budget of the subject, execution and change of financial obligations of the subject of the Russian Federation, municipal formation;

5) taking emergency and urgent measures to ensure the health and safety of the population.

Municipal authorities have the right to indicate in their charters a list of issues on which a local referendum can be held. These issues can only be classified as local issues.

local referendum is carried out on issues referred to the competence of local self-government bodies by the legislation of the Russian Federation and the legislation of the constituent entity of the Russian Federation.

Questions submitted to a referendum (all-Russian, subject of the Russian Federation or local) should be structured in such a way that it excludes the possibility of multiple interpretations, i.e., it could only be given an unambiguous answer ("yes" or "no").

17. ALL-RUSSIAN REFERENDUM: PROCEDURE FOR ORGANIZING AND HOLDING

Russian referendum - this is a nationwide vote of citizens of the Russian Federation on bills, current federal constitutional and federal laws and other issues of national importance.

The referendum of the Russian Federation is held only on issues of national importance:

1) change in the status of subjects of the Russian Federation;

2) early termination or extension of the term of office of the President of the Russian Federation, the Federation Council of the Russian Federation, the State Duma of the Russian Federation, as well as the holding of early elections of the President of the Russian Federation, the State Duma, the early formation of the Federation Council or the postponement of these elections;

3) adoption and change of the federal budget, execution and change of the internal financial obligations of the state;

4) introduction, amendment and abolition of federal taxes and fees, as well as exemption from their payment;

5) taking emergency and urgent measures to ensure the health and safety of the population;

6) amnesty and pardon.

Issues submitted to the referendum of the Russian Federation should not limit or cancel the universally recognized rights and freedoms of man and citizen and the constitutional guarantees for their implementation.

Feature of the All-Russian referendum is that it is carried out throughout the Russian Federation. All citizens of the Russian Federation, regardless of their place of permanent residence, take part in the Russian Federation, including citizens of the Russian Federation who are abroad, but have not lost their citizenship of the Russian Federation.

The general referendum in the Russian Federation is appointed by the President of the Russian Federation on the initiative of the competent authorities.

The referendum of the Russian Federation is held on initiative:

1) no less than 2 million citizens of the Russian Federation who have the right to participate in a referendum of the Russian Federation, provided that no more than 10% of them live on the territory of one subject of the Russian Federation or in total outside the territory of the Russian Federation;

2) Constitutional Assembly.

A referendum initiative cannot be submitted during the period between the appointment of a referendum of the Russian Federation and the official publication (promulgation) of its results, as well as during the period of an election campaign held for elections to federal authorities (the State Duma of the Federal Assembly of the Russian Federation), or if the holding of a referendum of the Russian Federation is necessary for the last year of the powers of the President of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation.

All-Russian referendum is not allowed in the event of the introduction of martial law or a state of emergency throughout the territory of the Russian Federation for the entire period of such a state, as well as within 3 months after the lifting of martial law or a state of emergency.

Principles holding an all-Russian referendum:

1) universality;

2) equal rights of all citizens of the Russian Federation to participate in a referendum;

3) the expression of the will of citizens must be direct in a referendum;

4) voting in a referendum is secret.

The right to take part in the referendum of the Russian Federation belongs to all citizens of the Russian Federation. Nobody can be deprived of this right. Only citizens recognized by a court as legally incompetent, or those in respect of whom a court verdict with a penalty of imprisonment has entered into force, do not have the right to participate in the referendum of the Russian Federation. The right to participate in a referendum arises from the moment a citizen reaches 18 years of age. Voting in the referendum of the Russian Federation is carried out by citizens personally. It is not allowed to influence the participants of the referendum by anyone, as well as control over the will of a citizen.

18. BASIS OF THE LEGAL STATUS OF THE PERSON IN THE RUSSIAN FEDERATION: CONCEPT AND MAIN ELEMENTS

Fundamentals of the legal status of the individual in the Russian Federation fixed in the form of a special constitutional and legal institution, which is understood as a set of norms of the constitutional law of the Russian Federation that regulate relations arising from the determination of the place and role of a person and a citizen in society and the state, the nature of the individual's realization of his capabilities and their limits established by the state, regarding protection and enforcement of these rights.

The constitutional and legal status of the individual is the same for everyone. They have:

1) citizens of the Russian Federation;

2) foreign citizens;

3) stateless persons (stateless persons).

The content of the constitutional and legal status of the individual is a set of rights and obligations of an individual in relations with the Russian Federation.

The constitutional status of the individual consists of the rights and freedoms of the individual enshrined in the Constitution of the Russian Federation, as well as the duties of the individual to the state.

RF in order to observe and protect the rights and freedoms of the individual:

1) establishes in federal laws prohibitions on violations of human and civil rights in any form, establishes penalties for such violations in criminal, administrative, civil and other procedures;

2) provides economic, political, social and other conditions for the implementation of human and civil rights and freedoms on the territory of the Russian Federation, regardless of gender, race, nationality and other characteristics.

Characteristic features of the foundations of the constitutional and legal status of the individual in the Russian Federation:

1) constitutional rights and personal freedoms are the basis of state concern and the entire legal system in the Russian Federation;

2) they have the highest legal force;

3) these rights and freedoms are subject to special protection by the state.

The Constitution of the Russian Federation regulates the foundations of the legal status of an individual not in full, but establishes only the foundations of this status. Therefore, the institution of the foundations of the constitutional and legal status of the individual is complex and includes the norms of not only constitutional law, but also the norms of other branches of Russian law, for example, the norms of family, civil, criminal, environmental and labor law.

Elements of the constitutional and legal status of the individual:

1) rights and freedoms of man and citizen;

2) principles of the constitutional status of the individual;

3) presence or absence of Russian citizenship.

The constitutional rights, freedoms and duties of an individual are the basic element of the entire constitutional and legal status of a particular category of persons. At the same time, the type of category is determined precisely by the scope of these rights and obligations of a person.

Principles of the constitutional and legal status of the individual in the Russian Federation - the fundamental principles of all interaction between the Russian Federation and persons legally located on its territory.

Citizenship - a fundamental element of the constitutional and legal status of an individual, necessary for a person to have all exclusive civil rights, but at the same time imposing on this person a set of civil obligations to the Russian Federation. The constitutional and legal status of an individual assumes that it is provided by the state (including state coercion in case of violation of the constitutional rights and freedoms of a person and citizen).

19. PRINCIPLES OF THE CONSTITUTIONAL STATUS OF A HUMAN AND A CITIZEN IN THE RUSSIAN FEDERATION

Principles of the constitutional status of an individual - the fundamental principles fixed by the norms of the Constitution of the Russian Federation that regulate the interaction of a person and a citizen with the Russian Federation.

Principles constitutional and legal status of the individual:

1) equality of all before the law and court;

2) equality of rights and freedoms for everyone;

3) individual rights and freedoms in the Russian Federation are guaranteed by the state;

4) fundamental rights and freedoms of the individual are inalienable;

5) the direct effect of generally recognized principles and norms of international law in relation to individual rights and freedoms.

The principle of equality of all before the law and the court is that everyone, regardless of gender, race, nationality, language, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, etc., is obliged to comply with the legislation of the Russian Federation.

Federal laws may establish privileges for certain categories of citizens, but these privileges should not affect fundamental human rights and freedoms. These privileges are established in connection with the execution of certain powers by position. Everyone freely and regardless of anyone's opinion exercises their rights and freedoms, fulfills their duties, and equally interacts with other subjects of legal relations, defends their interests, rights, subject to the laws of the Russian Federation and the rights and legitimate interests of other persons and society as a whole.

Fundamental rights and freedoms belong to everyone from birth to equal volume. No one can be deprived of these rights and freedoms.

RF guarantees the implementation of all elements of the constitutional and legal status of the individual in the Russian Federation. Except for cases where restrictions are provided for by law and are caused by the need to protect the rights and freedoms of other members of society (for example, when a martial law or state of emergency is introduced throughout the entire territory of the Russian Federation or part of it, as well as in the event of a court verdict limiting certain individual rights and freedoms) .

The Russian Federation ensures the realization of human and civil rights and freedoms in the Russian Federation by creating conditions for this in the political, economic, and other spheres of the country's public life.

The Russian Federation, in addition to guaranteeing the inviolability of the constitutional and legal status of individuals, establishes responsibility for violating the rights and freedoms of man and citizen, as well as for obstructing their implementation.

The principle of inalienability of fundamental rights and freedoms of the individual is that restrictions by the state or anyone in these rights and freedoms are unacceptable, at the same time the renunciation of the person himself from constitutional rights and freedoms is legally invalid, i.e., the voluntary refusal of a person to live (with the exception of cases of suicide) is also recognized as invalid.

The inalienable nature is inherent only in natural human rights, while rights derived from them, for example, the right of ownership of a certain thing, can be alienated both at the will of the right holder and at the will of other persons.

Principle of direct action fundamental rights and freedoms of man and citizen lies in the fact that these rights and freedoms determine the meaning and content of the constitutional and legal status of the individual.

20. CITIZENSHIP OF THE RUSSIAN FEDERATION: CONCEPT AND GENERAL PRINCIPLES

Citizenship of the Russian Federation - this is a stable legal connection of a person with the Russian Federation, expressed in the totality of their mutual rights and obligations (Article 3 of the Federal Law of May 31, 2002 No. 62-FZ "On Citizenship of the Russian Federation").

The content of the citizenship of the Russian Federation is a set of mutual rights and obligations of the Russian Federation and a citizen of the Russian Federation.

Legal signs Russian citizenship:

1) the legal nature of the relationship between the citizen and the Russian Federation (this nature of the connection between the citizen and the Russian Federation is that all relations between them must be legally formalized, and not just actually recognized);

2) the stability of this connection (this feature lies in the permanent nature of the mutual rights and obligations of the citizen and the Russian Federation, i.e., citizenship of the Russian Federation is retained by the person regardless of any circumstances from the moment of acquisition of citizenship until its termination).

The main document certifying that a person has the citizenship of the Russian Federation is a passport of a citizen of the Russian Federation or another main document containing an indication of the citizenship of the person.

In order to confirm by a person that he belongs to the citizens of the Russian Federation, when traveling abroad, he must receive a foreign passport of a citizen of the Russian Federation, visa documents, and when passing military duty - a military ID, etc.

The Russian Federation guarantees the protection of the rights of its citizens, even if they are and permanently reside abroad.

Citizenship of the Russian Federation is established by the Constitution of the Russian Federation, as well as the Federal Law of May 31, 2002 No. 62-FZ "On Citizenship of the Russian Federation" (as amended on November 11, 2003) and other laws, provided that they do not contain provisions restricting the rights and freedom of citizens.

Citizenship of the Russian Federation may arise in a person on the grounds provided for by federal legislation, or is already established on the basis of the fact that he had USSR citizenship in the past.

Principles of citizenship of the Russian Federation - fundamental principles that establish the foundations of the legal status of citizens of the Russian Federation, as well as regulating issues of the procedure for acquiring and terminating citizenship of the Russian Federation and other issues.

Principles Russian citizenship:

1) unity and equality of citizenship of the Russian Federation, regardless of the grounds for its acquisition;

2) the inadmissibility of depriving Russian Federation citizenship of those persons who have citizenship legally, but permanently reside outside the Russian Federation;

3) the right of every citizen of the Russian Federation to freely choose citizenship; no one can be deprived of Russian citizenship or the right to change it;

4) the inadmissibility of expelling a citizen of the Russian Federation outside the Russian state or transferring him to a foreign state;

5) state encouragement for the acquisition of Russian citizenship by stateless persons living on the territory of the Russian Federation;

6) the admissibility of a citizen of the Russian Federation simultaneously having citizenship of a foreign state in accordance with federal law or an international treaty of the Russian Federation;

7) the inadmissibility of restricting the civil rights and freedoms of a citizen of the Russian Federation if he has dual citizenship, as well as the impossibility of releasing this person from the performance of civil duties, including the duty to defend the Fatherland;

8) the principle of equality of rights and freedoms of citizens of the Russian Federation, stateless persons and foreign citizens, with the exception of special rights, freedoms and obligations arising from the institution of citizenship of the Russian Federation.

21. GROUNDS AND PROCEDURE FOR ACQUISITION OF CITIZENSHIP OF THE RUSSIAN FEDERATION

Reasons for the acquisition Russian citizenship:

1) by birth;

2) as a result of admission to Russian citizenship;

3) as a result of restoration of Russian citizenship;

4) for other reasons.

1. By birth Citizenship is acquired if, on the child’s birthday:

1) both of his parents or his only parent are citizens of the Russian Federation;

2) one of his parents has Russian citizenship, and the other parent is stateless, or is declared missing, or his location is unknown;

3) one of his parents has Russian citizenship, and the other parent is a foreign citizen, provided that the child was born on the territory of the Russian Federation, otherwise he will become stateless;

4) both of his parents or his only parent living on the territory of the Russian Federation are foreign citizens or stateless persons, provided that the child was born on the territory of the Russian Federation, and the state of which his parents or his only parent are citizens does not provide the child with their citizenship;

5) the child’s parents are unknown, and the child himself is located on the territory of the Russian Federation, provided that the parents do not show up within six months from the date of discovery of this child.

2. Прием citizenship of the Russian Federation can be in a general and simplified manner.

In general, Russian citizenship is accepted by foreign citizens and stateless persons who wish to accept Russian citizenship, who have reached the age of 18 years and have legal capacity, as well as:

1) live on the territory of the Russian Federation from the date of receipt of a residence permit until the day of applying for admission to Russian citizenship for 5 years continuously, while the period of residence on the territory of the Russian Federation is considered continuous if the person has traveled outside the Russian Federation for no more than 3 months for 1 year;

2) undertake to comply with the Constitution and legislation of the Russian Federation;

3) have a legal source of livelihood;

4) applied to the authorized body of a foreign state with applications to renounce their other citizenship;

5) speak Russian.

A simplified procedure is established for adults with legal capacity in the following cases:

1) the status of a person with citizenship of the former USSR in the past;

2) adoption of a child who is a citizen of the Russian Federation;

3) the presence of high achievements in the field of science, technology and culture, as well as possession of a profession of interest to the Russian Federation;

4) the presence of merits to the peoples united by the Russian Federation in the implementation of universal human ideals and values;

5) obtaining asylum on the territory of the Russian Federation in the prescribed manner;

6) the past status of the person or at least one of his relatives in a direct ascending line in the citizenship of the Russian Federation by birth.

3. Recovery in citizenship of the Russian Federation - the acquisition by a person of citizenship of the Russian Federation in a simplified manner in case of its loss for any innocent reasons.

Citizenship of the Russian Federation is restored to foreign citizens and stateless persons who previously had citizenship of the Russian Federation and have been living in the territory of the Russian Federation for at least 3 years.

22. GROUNDS AND PROCEDURE FOR TERMINATION OF CITIZENSHIP OF THE RUSSIAN FEDERATION

The relationship of citizenship of the Russian Federation includes not only the acquisition of it and the grounds for it, but also the termination of citizenship of the Russian Federation and the grounds for this.

Grounds for termination Russian citizenship:

1) renunciation of Russian citizenship;

2) other grounds provided for by federal legislation or international treaties of the Russian Federation.

Withdrawal from Russian citizenship - free expression of the will of a citizen of the Russian Federation.

The exit of their citizenship of the Russian Federation is carried out on the basis of an application of a citizen of the Russian Federation, if he permanently resides in the territory.

Withdrawal from the citizenship of the Russian Federation by a person residing outside of Russia is carried out on the basis of a voluntary expression of will (on the basis of an application by a person who wishes) of this person in a simplified manner in the absence of grounds for refusing to renounce citizenship of the Russian Federation. Withdrawal from the citizenship of the Russian Federation can be in a general and simplified manner.

Simplified procedure for renunciation of Russian citizenship established for a child, one of whose parents has the citizenship of the Russian Federation, and the other - the citizenship of a foreign state, or whose only parent is a foreign citizen. In this case, the exit from the citizenship of the Russian Federation is carried out on the basis of the application of the parents or the application of the only parent. If a person has lost the citizenship of the Russian Federation in this way, then he retains the right to restore citizenship of the Russian Federation after he reaches 18 years of age.

A citizen may be denied renunciation of Russian citizenship, if a:

1) the person, in accordance with the established procedure, has not fulfilled the obligation to the Russian Federation established by federal law (for example, unfulfilled military duty);

2) the person has been brought by the competent authorities of the Russian Federation as an accused in a criminal case or a court verdict against him has entered into legal force and is subject to execution;

3) the person does not have another citizenship or no guarantee of its acquisition (this was established in order to implement the principle of inadmissibility of increasing the number of stateless persons).

Special procedure for renunciation of citizenship of the Russian Federation established during territorial transformations in the Russian Federation: as a result of a change in the state border of the Russian Federation in accordance with an international treaty of the Russian Federation. In this case, citizens of the Russian Federation residing in the territory that has undergone these transformations have the right to retain or change their citizenship in accordance with the terms of this international treaty, i.e., in this case, a simplified procedure for changing citizenship is established.

Allowed termination of Russian citizenship without consent persons whose citizenship is terminated, but this is possible only in relation to naturalized citizens of the Russian Federation, to whom the citizenship of the Russian Federation was granted on the basis of false information and documents. However, these circumstances must be established by a court decision, while the termination of citizenship in this case applies only to the person whose guilty behavior led to such sanctions, but citizenship cannot be terminated on this basis from family members of the guilty person if they did not know about the guilty behavior faces.

The deadline for canceling the decision to grant citizenship is 5 years. After the expiration of the five-year period, even if the guilty behavior of a person is discovered, the admission to the citizenship of the Russian Federation cannot be canceled.

23. LEGAL STATUS FOR FOREIGN CITIZENS AND STATELESS PERSONS IN RF. RIGHT OF ASYLUM

Foreign citizens and stateless persons (stateless persons) have all human rights and freedoms and bear general obligations to the Russian Federation, while the scope of their rights does not include the rights and obligations of citizens of the Russian Federation. Foreign citizens and stateless persons can legally reside on the territory of the Russian Federation in the presence of a visa and valid documents proving their identity and recognized in the territory of the Russian Federation as an identity card of a foreign citizen.

Often, in order to legally stay on the territory of the Russian Federation, a person needs residence (i.e., a document certifying the identity of a stateless person, issued to confirm a permanent residence permit in the territory of the Russian Federation to a stateless person or a foreign citizen and confirming their right to freely leave the Russian Federation and return to the Russian Federation). A residence permit is issued by the competent authority of the Russian Federation at the request of a foreign citizen, stateless person.

On the basis of this document, foreigners and stateless persons have the right to freely enter the territory of the Russian Federation and travel outside it upon presentation of valid documents proving their identity and recognized by the Russian Federation in this capacity.

Residence permit is not provided, if a:

1) the entry of a person may harm the defense capability or security of the state or public order, as well as the protection of public health;

2) during the period of his previous stay in the Russian Federation, a foreign citizen or stateless person was deported;

3) the applicant has an outstanding or unexpunged conviction for committing a crime recognized by the Russian Federation as grave or especially grave;

4) when applying for a visa, a foreign citizen or stateless person was unable to confirm the availability of funds to live in the territory of the Russian Federation and subsequently travel beyond its borders;

5) in relation to a foreign citizen or stateless person, a decision has been made that it is undesirable to stay in the Russian Federation.

With regard to foreign citizens and stateless persons for guilty and punishable acts, it is allowed administrative expulsion from the Russian Federation (deportation).

The deported person must leave the territory of the Russian Federation immediately on the basis of the relevant decision of the competent authorities.

Certain categories of persons may be granted political asylum.

Political refuge is provided in the Russian Federation to foreign citizens and stateless persons who are being persecuted in their country of permanent residence or who face a real threat of becoming a victim of persecution for their social and political activities and beliefs that meet the principles recognized by the world community.

Political asylum cannot be granted to persons who support ideas of racial and national hatred, inciting inhumane sentiments and the idea of the superiority of any group of people.

It presupposes that the person who has been granted all the rights and freedoms, as well as the obligations of citizens of the Russian Federation, unless otherwise provided by federal laws or an international treaty of the Russian Federation.

Asylum is granted on the basis of the application of the person and the Decree of the President of the Russian Federation on granting political asylum. This Decree comes into force from the date of its signing.

24. LEGAL STATUS OF REFUGEES AND FORCED SETTLEMENTS IN RUSSIA

Forced migrant is a citizen of the Russian Federation who left his place of permanent residence as a result of violence committed against him or members of his family or persecution in other forms, or because of a real danger of being persecuted on the basis of race or nationality, religion, language, as well as on the basis of belonging to a certain social group or political opinions that have become the reasons for conducting hostile campaigns against a particular person or group of persons, mass violations of public order.

Refugee - this is a person who is not a citizen of the Russian Federation and who, due to a well-founded fear of becoming a victim of persecution on the basis of race, religion, citizenship, nationality, membership of a particular social group or political opinion, is outside the country of his citizenship and cannot enjoy the protection of this country or is unwilling to avail itself of such protection owing to such fear or, having no particular nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear.

The difference between refugees and internally displaced persons in the Russian Federation is subject.

Status of internally displaced persons or refugees is provided by the competent authority on the basis of the application of the interested person and is issued by the relevant certificate.

Forced migrants cannot be returned against their will to the territory that they left due to circumstances under which the status of a forced migrant is granted, or they cannot be resettled without his consent to another settlement.

Refugees are granted the right to freely leave and enter the territory of the Russian Federation on the basis of a refugee travel document.

Persons who have received the status of a refugee or forced migrant and their family members are granted a wide range of rights, for example, the right to an interpreter and information about the legal status of a refugee in the Russian Federation, the right to receive assistance in ensuring travel and transportation of luggage to the place of stay, etc.

In turn, these persons are obliged to comply with the Constitution of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on whose territory they are located, undergo a mandatory medical examination, etc.

The status of a refugee is terminated if a person voluntarily renounces this status (if the relevant circumstances in the country of his residence or permanent residence have disappeared, and also if this person has received Russian citizenship in the prescribed manner or has taken advantage of the protection of another state), or as measures of responsibility for the guilty behavior of a person.

Grounds for deprivation of refugee status:

1) the person has been convicted by a court verdict that has entered into force for committing a crime on the territory of the Russian Federation;

2) the person provided knowingly false information and documents that served as the basis for recognizing him as a refugee, or committed another violation in the procedure for obtaining the appropriate status.

25. INSTITUTE OF BASIC RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN IN THE RUSSIAN FEDERATION

Constitutional and legal institution of fundamental rights and freedoms of man and citizen - this is an ordered set of norms of the Constitution of the Russian Federation and other federal laws that establish the rights and freedoms of the individual in the Russian Federation, their observance and protection.

Constitutional rights and freedoms of the individual - inalienable rights and freedoms that belong to a citizen or another person from birth (civil rights and freedoms arise from the moment of acquisition of citizenship of the Russian Federation in the prescribed manner), guaranteed by the state and forming the basis of the constitutional and legal status of the individual.

The constitutional rights and freedoms of a person and a citizen in the Russian Federation are the basis of the entire legal status of an individual in the Russian Federation. At the same time, duties always correspond to rights, while freedoms are granted to everyone, regardless of the fulfillment of their obligations to the Russian Federation, if their restriction is not related to the execution of a court sentence or other form of legal liability (sanction) established by law.

Evidence constitutional rights and freedoms of the individual:

1) they are the basis of the status of an individual in the Russian Federation, therefore it is on their basis that other rights and obligations of a person and citizen are secured in all other branches of law;

2) the fundamental rights and freedoms of man and citizen belong to every person legally present in the territory of the Russian Federation, with the exception of civil rights and freedoms;

3) constitutional rights and freedoms are provided to everyone in equal volume and uniform content, i.e. everyone has the right to count on the guarantee of his rights and freedoms by the Russian Federation, regardless of any signs;

4) the fundamental rights and freedoms of man and citizen have a special mechanism for implementation - they do not appear in the process of a person exercising his powers, but are a prerequisite for this, its fundamental basis;

5) these individual rights and freedoms are constitutionally enshrined;

6) fundamental rights and freedoms of the individual have special increased state protection.

Differences fundamental human rights and freedoms from the fundamental rights and freedoms of a citizen of the Russian Federation:

1) the rights and freedoms of citizens of the Russian Federation are granted to them on the basis of citizenship of the Russian Federation, while foreign citizens and stateless persons do not have this scope of rights;

2) human rights and freedoms belong to everyone from the moment of birth and are guaranteed on the territory of the Russian Federation, regardless of his citizenship, in turn, civil rights and freedoms arise in a person only from the moment of acceptance of Russian citizenship and are guaranteed only in relation to citizens of the Russian Federation.

The concepts of human rights and freedoms and the rights and freedoms of a citizen of the Russian Federation are correlated as a part and a whole, since they both represent a set of measures for the proper and possible behavior of subjects, but at the same time they have a different scope: human rights and freedoms belong to everyone without exception, while citizens The Russian Federation also has additional civil rights and obligations (for example, civil rights - the right to elect and be elected to the country's authorities, other political rights; civil obligations - compulsory military service) that arise with the acquisition of citizenship of the Russian Federation, so the scope of the powers of a citizen of the Russian Federation is always several broader than the scope of human rights.

26. PERSONAL RIGHTS AND FREEDOMS OF CITIZENS OF THE RUSSIAN FEDERATION

Basic personal rights and freedoms of a citizen of the Russian Federation - these are inalienable and belonging to everyone from birth the rights and freedoms of a person, which do not depend on the presence of citizenship of the Russian Federation and ensure the protection of life, freedom and dignity of the individual.

The basic personal rights and freedoms of man and citizen are enshrined in Ch. 2 of the Constitution of the Russian Federation.

The personal rights and freedoms of man and citizen in the Russian Federation include:

1) the right to life and health protection;

2) to personal integrity and protection of honor and dignity of the individual;

3) to personal freedom and freedom of movement;

4) equality of all before the law and court;

5) the right to privacy and home;

6) the right to freely determine nationality and freely use the national language;

7) to freedom of conscience and religion, etc.

Right to life and health is a fundamental right. Without it, the whole point in establishing and observing other rights and guarantees is lost.

No one can take the life of another person with impunity. With the development of Russia as a legal state, the value of human life in the Russian Federation has increased even more. Even the previously permissible punishment for a crime - the death penalty - is now prohibited by law, and although it can still be appointed as an exceptional one, its enforcement is not allowed.

The right to protection and protection of the dignity of the person means that "no one shall be subjected to torture, violence, or other cruel or degrading treatment or punishment" (Article 21 of the Constitution of the Russian Federation). Violations of the right to honor and dignity of a person also include insult, slander, and beatings. Responsibility is established by federal laws for such attacks on the honor and dignity of citizens.

Right to personal integrity means the inadmissibility of depriving anyone of his freedom and personal integrity.

Federal laws allow the restriction of this right in the form of sanctions for unlawful actions of a person, and their application is possible only by order of the court or the prosecution and investigation authorities.

The Constitution of the Russian Federation establishes the right to privacy, personal and family secrets, protection of one’s honor and good name. This right is ensured by the citizen himself or is protected by his representative in court. This right prohibits the collection, storage, use and dissemination of information about the private life of anyone without their consent.

The law allows violation of the right to the inviolability of the home in the form of penetration into it in cases where this is necessary by virtue of the law, for example, on the basis of a court decision to ensure the safety of society and in other cases provided for by law.

RF guarantees everyone right of free movement both within the territory of the Russian Federation and outside it, i.e. everyone can freely choose for himself a place of residence throughout the entire territory of the Russian Federation, travel outside its borders and freely return to the Russian Federation.

Personal rights and freedoms of a person form the backbone of the entire legal status of a person in the Russian Federation and ensure respect and protection of the individual in accordance with international standards.

27. FREEDOM OF CONSCIENCE AND RELIGION IN THE RUSSIAN FEDERATION. BASES OF THE LEGAL STATUS OF RELIGIOUS ASSOCIATIONS

The Constitution of the Russian Federation in Art. 28 establishes that everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them.

Freedom of conscience and religion belongs to all persons legally located on the territory of the Russian Federation, and does not depend on the nationality of a person.

It is not allowed to establish advantages, restrictions or other forms of discrimination depending on religious beliefs, with the exception of cases established by federal laws and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of a person and citizen, ensuring the defense of the country and the security of the Russian Federation.

Citizens of the Russian Federation are guaranteed the right to replace military service with alternative civilian service if military service is contrary to their beliefs or religion.

Freedom of conscience and religion includes:

1) the right of a person not to disclose his attitude to religion, to freely participate in the performance of religious rites;

2) the right to freely exercise one’s right to freedom of conscience and religion; it is not allowed to force anyone to profess a particular religion through the use of violence, damage to property or threats of similar actions;

3) the right to confidentiality of confession.

The Russian Federation is a secular state. Therefore, no religion can be established as state or compulsory. In the Russian Federation, discrimination based on belonging to a particular religion is not allowed. The Constitution of the Russian Federation enshrines the principle of separation of the state from the church, i.e. religious associations are separated from the state and are equal before the law.

In accordance with this principle, the state has no right:

1) interfere in a citizen’s determination of his attitude to religion and religious affiliation, in the upbringing of children by parents or persons replacing them, in accordance with their convictions and taking into account the child’s right to freedom of conscience and freedom of religion;

2) impose on religious associations the responsibilities of state authorities, other state bodies, state institutions and local government bodies;

3) interfere in the activities of religious associations, if those activities do not contradict the constitutional system of the Russian Federation;

4) introduce religious education as compulsory education in state and municipal educational institutions.

Religious associations of citizens, if their activities do not violate the constitutional foundations of the Russian Federation, act on an equal basis with other public associations in public relations, with the exception of participation in:

1) exercising the powers of state authorities, other state bodies, state institutions and local government bodies;

2) elections to state authorities and local self-government bodies;

3) the activities of political parties and political movements, providing them with material and other assistance.

28. POLITICAL RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION

Political rights and freedoms of citizens of the Russian Federation - the norms of the possible behavior of citizens of the Russian Federation in the field of managing the affairs of the state, enshrined in the Constitution of the Russian Federation and other federal laws.

The political rights and freedoms of citizens of the Russian Federation are connected with the right of citizens to participate in the management of state affairs directly or through their representatives, which ensures the democratic regime of the Russian Federation.

Constitutional political rights and freedoms belong exclusively to citizens of the Russian Federation, i.e. they are civil. Therefore, the following evidence political rights and freedoms:

1) political rights and freedoms arise in a person from the moment he acquires Russian citizenship in the prescribed manner, or, if a person acquired Russian citizenship by birth, from the moment he reaches adulthood (active suffrage) or the age specified by law (passive suffrage) ;

2) political rights belong to every citizen of the Russian Federation in an equal amount, i.e. the right to 1 vote in an election or referendum belongs to 1 citizen;

3) political rights and freedoms are not related to the legal capacity of citizens, but to their legal capacity, i.e. a citizen of the Russian Federation may be limited in his political rights and freedoms, while restrictions on personal ones are allowed in exceptional cases. For example, a person recognized in accordance with the established procedure as partially or completely incompetent does not have the right to elect or be elected;

4) the state ensures the implementation and guarantees compliance with the political rights and freedoms of citizens of the Russian Federation.

Types political rights and freedoms of citizens of the Russian Federation:

1) electoral rights (they are dual in nature: firstly, the right to be elected to bodies of state power and local self-government is a passive electoral right, it arises from the moment a person reaches the age specified by law; secondly, the right to elect representatives to bodies of state power and local self-government and through this manage the affairs of the state - an active electoral right, it arises when a person reaches 18 years of age);

2) the right to participate in a referendum;

3) the right of citizens of the Russian Federation to associate (according to this right, citizens of the Russian Federation unite in trade unions and public associations to protect their interests; citizens exercise this right voluntarily; forcing anyone to join or remain in an association is not allowed);

4) the right of peaceful meetings, organizing rallies and demonstrations, processions and picketing (citizens can use this right only to protect their rights and interests and only in a peaceful manner; armed rallies and meetings of citizens are not allowed);

5) the right to appeal to state bodies and local governments (these appeals can be sent personally or collectively in the form of an application, proposal or complaint).

Political rights and freedoms are guaranteed by the Constitution of the Russian Federation and belong to all citizens of the Russian Federation, regardless of gender, nationality and race, who have reached the age determined by federal laws for the exercise of these rights. No one can be deprived of these rights, except in cases established by federal laws.

29. RIGHT TO ASSOCIATE IN THE RUSSIAN FEDERATION: CONTENT AND NORMATIVE FRAMEWORK. BASES OF THE LEGAL STATUS OF PUBLIC ASSOCIATIONS

The Constitution of the Russian Federation guarantees the right of citizens to association and the free exercise of the activities of public associations. The right to association of citizens of the Russian Federation includes the right to create trade unions to protect the labor interests of citizens. Compulsion to join or stay in any association is not allowed.

Citizens' right to association is made up of:

1) the right to create public associations on a voluntary basis to protect common interests and achieve common goals;

2) the right to join existing public associations or to refrain from joining them;

3) the right to freely leave public associations.

Public association is a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of a common interest to achieve common goals fixed in the charter of a public association.

Citizens may establish all forms of public associations without the prior permission of state authorities and local self-government bodies, with the exception of the creation of political parties, for which a special procedure for creation (registration) is established.

Public associations may register with state authorities, in which case they acquire the status of a legal entity.

Organizational and legal forms public associations are allocated depending on the procedure for citizens to join the public association and its goals. Forms of public associations:

1) public organization - a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens;

2) social movement - a mass public association consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by participants in the social movement;

3) public fund - one of the types of non-profit funds, a public association based on participation without membership, the purpose of which is the formation of property on the basis of voluntary contributions, other receipts not prohibited by law and the use of this property for socially useful purposes;

4) public institution - a non-membership public association, the purpose of which is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association;

5) a public initiative body - a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of statutory goals and the implementation of programs public initiative body at the place of its creation;

6) political party - a membership-based public association pursuing the political goals of influencing the political situation of the country.

30. POLITICAL PARTIES IN RUSSIA

Political Party - this is a public association created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as in order to represent the interests of citizens in state authorities and local governments .

In order for a public association to receive the status of a political party, it must have:

1) regional branches in more than half of the constituent entities of the Russian Federation, and in one constituent entity of the Russian Federation there can be only one regional branch of the party;

2) at least 10 thousand members of a political party;

3) governing and other bodies of a political party, as well as regional branches and other structural units on the territory of the Russian Federation.

Political parties in the Russian Federation are created in purposes:

1) formation of public opinion;

2) political education and upbringing of citizens;

3) expressing the opinion of citizens on any issues of public life, bringing it to the attention of the general public and government bodies;

4) nominating candidates for elections to legislative (representative) bodies of state power and representative bodies of local self-government, participation in elections to these bodies and in their work.

A political party must pass state registration.

Each political party must have its own charter, which indicates the name of the party, the official symbols of the party, the procedure for acquiring its membership, the governing bodies of the party and other basic information about the party.

The activities of political parties in the Russian Federation should be built in accordance with principles:

1) voluntariness;

2) equality;

3) self-government (i.e. parties are free to determine their internal structure, goals, forms and methods of activity);

4) legality (i.e., the activities of parties should not violate the rights and freedoms of man and citizen and other requirements of the legislation of the Russian Federation);

5) publicity (i.e. information about parties, their activities, constituent and program documents must be publicly available).

Restrictions in the creation of political parties:

1) the creation and activity of political parties whose goals or actions are aimed at carrying out extremist activities and inciting racial, national, social hatred, etc. is prohibited;

2) the creation of political parties on the basis of professional, racial, national or religious affiliation, and equally on the basis of belonging to the same profession is prohibited);

3) the activities of political parties and their structural subdivisions in government bodies and local self-government bodies, in the Armed Forces of the Russian Federation, in law enforcement and other government bodies, in the apparatus of legislative (representative) bodies of state power, in government organizations are not allowed;

4) the creation and activity of political parties of foreign states and their structural divisions on the territory of the Russian Federation is prohibited;

5) the activities of parties are limited in the event of a state of emergency or martial law being introduced throughout the territory of the Russian Federation or in its individual areas.

31. FREEDOM OF INFORMATION. BASIS OF THE LEGAL STATUS OF THE MASS MEDIA

freedom of speech - the opportunity guaranteed by the Constitution of the Russian Federation to freely express one's own opinion, beliefs and views in any areas (politics, religion, scientific activity, etc.) in the media.

Freedom of speech extends to all spheres of society, with the exception of cases established by federal laws.

Are not the realization of the right to freedom of speech:

1) propaganda that incites racial, national, social or religious discord or enmity (i.e., dissemination among the masses of views, ideas, teachings, views related to superiority on any basis);

2) agitation aimed at achieving the same goals (i.e., active activity among the masses through speeches, posters, slogans, with the goal of disseminating relevant ideas and views about superiority).

Therefore, the dissemination of the above information is punishable by law.

These restrictions on the right of citizens to free expression of opinions and ideas are intended to:

1) respect for the rights and reputation of other members of society;

2) protection of state security, public order, health and morality of the population.

The constitutional guarantees of freedom of speech are closely connected with the mass media, since it is through them, as a rule, that mass information is disseminated among the population, in which freedom of speech is expressed.

Mass information - printed, audio, audiovisual and other messages and materials intended for the general public.

Mass media - all kinds of forms of mass information dissemination.

In the Russian Federation, freedom of mass information is guaranteed, i.e., restrictions in any form are not allowed:

1) searching, receiving, producing and distributing mass information;

2) the formation of new media, ownership, use and disposal of them;

3) production, acquisition, storage and operation of technical devices and equipment, raw materials and supplies intended for the production and distribution of media products.

In the Russian Federation, censorship of mass information is prohibited, i.e., it is not allowed for anyone to require the editorial office of a mass media outlet to preliminarily coordinate messages and materials, and it is also unacceptable to impose a ban on the dissemination of messages and materials, their individual parts.

Federal laws establish restrictions on the dissemination of mass information. Distribution is not allowed:

1) information for committing criminal acts that constitute state or other secrets specially protected by law, for carrying out extremist activities, promoting pornography, the cult of violence and cruelty;

2) hidden inserts in the media that affect people’s subconscious and (or) have a harmful effect on their health;

3) in the media, as well as in computer networks, information about the methods, methods of development, production and use, places of purchase of narcotic drugs and psychotropic substances, as well as their propaganda.

32. SOCIO-ECONOMIC AND CULTURAL RIGHTS AND FREEDOMS UNDER THE CONSTITUTION OF THE RUSSIAN FEDERATION

System of socio-economic rights and freedoms personality in the Russian Federation includes:

1) ownership and its guarantees;

2) social security;

3) labor guarantees.

The right of private property is established by the constitution of the Russian Federation and includes the right to own, use and dispose of property.

Private property can be:

1) sole;

2) general (joint, shared).

Guarantees of private property are established by the Constitution of the Russian Federation. In accordance with them, property is protected by the state, regardless of its form (state or private), and no one can be deprived of his property, except by a court decision. Forcible alienation of property from citizens is allowed only for public and state purposes and only on condition of preliminary and equivalent compensation.

Close to the right of ownership is the right of citizens to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law. The state guarantees this right, subject to compliance with antimonopoly laws.

Social security in the Russian Federation - special, established by the legislation of the Russian Federation and the constituent entities of the Russian Federation (in this case, social security is financed from the budget of the constituent entity of the Russian Federation) state benefits, pensions and other payments provided to needy segments of the population.

The right to social security belongs to every person legally present in the territory of the Russian Federation:

1) upon reaching a certain age;

2) in case of illness, disability;

3) loss of a breadwinner;

4) raising children;

5) in other cases.

The right to work can also be attributed to the socio-economic rights of citizens in the Russian Federation. Every citizen has the right to freely dispose of his or her working abilities, to choose an occupation, activity and profession. Employers are obliged to provide working conditions that meet safety and hygiene requirements. The work of citizens of the Russian Federation must be paid in the amount and form established by the employment contract, but not lower than the minimum wage established by federal law.

Not allowed:

1) forced labor;

2) discrimination in the world of work based on race, gender, nationality, etc.

Constitutional guarantees in the sphere of labor:

1) resolution of individual and collective labor disputes by methods permitted by federal laws;

2) the right to strike;

3) the right to rest;

4) eight-hour working day;

5) days off;

6) annual paid leave, etc.

Constitutional cultural rights include the right to:

1) education, its universal accessibility and free of charge, regardless of the level;

2) freedom of literary, artistic, scientific, technical and other types of creativity and teaching;

3) access to cultural values and participation in the cultural life of the country;

4) protection of intellectual property.

Features of socio-economic and cultural rights:

1) they are both rights and guarantees;

2) are specified in special legislation;

3) pursue general social goals.

33. CONSTITUTIONAL DUTIES OF THE INDIVIDUAL IN THE RUSSIAN FEDERATION

The constitutional and legal status of citizens of the Russian Federation consists not only of rights and freedoms, but also of their obligations to the Russian Federation. The duties to the Russian Federation of a person and a citizen differ. So, only the duties of citizens of the Russian Federation are officially recognized and are fixed in the Constitution of the Russian Federation and federal laws.

Evidence constitutional duties of citizens of the Russian Federation:

1) they have as their goal the protection, protection and development of social values;

2) ensure the implementation of personal and public interests;

3) have supreme legal force.

Types constitutional duties:

1) general constitutional duties (compliance with the Constitution of the Russian Federation and federal legislation, preservation of a normal environment on the territory of the Russian Federation, preservation of historical and cultural heritage, historical, cultural and natural monuments);

2) special constitutional duties (mutual obligations of parents and children, payment of taxes and fees established by law, military duty).

General duties are borne by all persons located on the territory of the Russian Federation. These duties ensure the preservation of a normal hostel in the Russian Federation.

The performance of general duties is ensured by:

1) measures of educational influence;

2) in extreme cases, the norms of criminal and administrative law.

Special duties are imposed only on citizens of the Russian Federation, certain categories of citizens. Depending on this, the duties of certain categories of citizens are established. For example, parental responsibilities are established only for citizens-parents, the obligation to pay taxes lies with citizens-taxpayers, etc. The fulfillment of these special duties is ensured by the norms of special legislation (tax, family) and responsibility established by federal laws. A special civil duty is the military duty of all male citizens of the Russian Federation over 18 years of age, unless they belong to the category of persons exempted from this duty for health reasons and other circumstances.

Military duty of citizens of the Russian Federation includes:

1) military registration;

2) compulsory preparation for military service;

3) conscription for military service;

4) military service upon conscription;

5) staying in reserve;

6) conscription for military training and military training during the period of stay in the reserve.

Citizens of the Russian Federation can perform military duty by voluntarily entering military service. Citizens of the Russian Federation have been granted the right to replace military service with alternative civilian service.

Citizens of the Russian Federation are not conscripted for military service:

1) those serving a sentence in the form of compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment;

2) having an unexpunged or outstanding conviction for committing a crime;

3) in respect of whom an inquiry or preliminary investigation is being conducted or a criminal case has been transferred to court.

Citizens of the Russian Federation may be exempted from military service on the grounds specified in the Federal Law of March 28, 1998 53-FZ "On military duty and military service" (with the latest amendments of February 22, 2004). Conscription for military service of citizens of the Russian Federation may be delayed in cases established by federal law.

34. CONSTITUTIONAL GUARANTEES OF BASIC RIGHTS, FREEDOM OF HUMANS AND CITIZENS IN THE RUSSIAN FEDERATION

Constitutional and legal guarantees rights and freedoms of man and citizen in the Russian Federation (Chapter 2 of the Constitution):

1) the rights and freedoms of man and citizen belong to everyone equally, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances;

2) restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited in any form;

3) fundamental human rights and freedoms are inalienable and belong to everyone from birth;

4) the exercise of human and civil rights and freedoms should not violate the rights and freedoms of other persons. Other guarantees of constitutional rights and personal freedoms in the Russian Federation are established by federal laws. For example:

1) Federal Law No. 12-FZ of June 2002, 67 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" establishes the basic guarantees of the constitutional right of citizens of the Russian Federation to participate in elections and referendums.

In accordance with this Law, elections and all referendums in the Russian Federation are held on the basis of universal, equal and direct suffrage by secret ballot. The right to participate in elections may be limited only in accordance with federal laws and only as established measures of responsibility or in case of disability;

2) Federal Law of July 15, 1995 No. 103-FZ "On the Detention of Suspected and Accused of Committing Crimes", Law of the Russian Federation of December 22, 1992 No. 4180-I "On Transplantation of Human Organs and (or) Tissues", Law Russian Federation of July 2, 1992 3185-I "On psychiatric care and guarantees of the rights of citizens in its provision" guarantee the rights of a person and a citizen to immunity.

In accordance with these laws, the restriction of the right to personal integrity is possible only on the basis of a relevant court order on detention or detention or detention in a special medical institution. It is not allowed to transplant organs and tissues from a living donor or a corpse, if there is no evidence that other medical means cannot guarantee the preservation of the life of the patient or the restoration of his health;

3) Federal Law of January 13, 1996 No. 12-FZ "On Education" specifies the guarantees for the implementation of the universal right to education.

According to this Law, the right to education is an inalienable constitutional right of all citizens of the Russian Federation, as well as persons who are not citizens, but legally located on the territory of the Russian Federation. This right includes the right to free general education, competitive free higher education, etc.

No one can be deprived of the right to education regardless of any circumstances, including mental development, i.e. the state provides citizens with developmental disabilities with the conditions for them to receive education, correct developmental disorders and social adaptation based on special pedagogical approaches .

The Russian Federation does not allow restriction of these and other rights and freedoms of the individual in any form.

35. INSTITUTE OF THE Ombudsman for Human Rights in the Russian Federation

In the Russian Federation, the Commissioner for Human Rights in the Russian Federation is responsible for protecting the rights and freedoms of citizens, their observance by state authorities, local governments and officials.

The subjects of the Russian Federation have the right to establish the position of the Commissioner for Human Rights in the corresponding subject of the Russian Federation.

The Commissioner for Human Rights in the Russian Federation is appointed and dismissed by the State Duma of the Federal Assembly of the Russian Federation.

Its activities are independent, it is not accountable to any state authorities of the Russian Federation and subjects of the Russian Federation and officials.

The introduction of a state of emergency or martial law throughout the territory of the Russian Federation or in part of it does not stop, does not suspend the activities and does not entail restrictions on the competence of the Commissioner for Human Rights in the Russian Federation or in a constituent entity of the Russian Federation.

The Commissioner for Human Rights, in order to carry out his activities, forms the office of the Commissioner for Human Rights. Financing of this apparatus is made from the budget of the corresponding subject of the Russian Federation, where the Commissioner for Human Rights exercises his powers.

Within its competence Commissioner for Human Rights in the Russian Federation:

1) considers complaints from citizens of the Russian Federation and foreign citizens and stateless persons located on the territory of the Russian Federation;

2) considers complaints against decisions or actions of state bodies, local government bodies, officials, if the applicant protests the decisions of the court or administrative body to which he previously appealed these decisions or actions;

3) does not consider complaints against decisions of the chambers of the Federal Assembly of the Russian Federation and legislative (representative) bodies of state power of the constituent entities of the Russian Federation;

4) takes the necessary measures to protect human rights on his own initiative if he has received information about massive or gross violations of the rights and freedoms of citizens, or in cases of special public importance or related to the need to protect the interests of persons who are unable to independently use legal Remedies.

The Commissioner for Human Rights, in the event of establishing a violation of the applicant’s rights, is obliged to take the necessary measures to eliminate these violations, for example:

1) send to the state authority, local government body or official, in whose decisions or actions a violation of the rights and freedoms of citizens was found, a conclusion containing recommendations regarding possible and necessary measures to restore these rights and freedoms;

2) apply to the court with a statement in defense of the rights and freedoms violated by decisions or actions of a state body, local government body or official, and also personally or through a representative participate in the process of considering this complaint;

3) send a complaint to an official who has the right to lodge protests, as well as to be present at the judicial hearing of the case in the manner of supervision;

4) apply to the Constitutional Court of the Russian Federation with a complaint about the violation of the constitutional rights and freedoms of citizens, etc.

He has no right to disclose information that became known to him in the exercise of his powers. The Commissioner for Human Rights notifies the complainant of the results of consideration of the complaint.

36. LEGAL REGIME OF MILITARY AND STATE OF EMERGENCY IN THE RUSSIAN FEDERATION

Martial law - this is a special legal regime introduced on the territory of the Russian Federation or in its individual areas in accordance with the Constitution of the Russian Federation by the President of the Russian Federation in the event of aggression against the Russian Federation or an immediate threat of aggression.

Martial law is introduced in the event of:

1) aggression against the Russian Federation by a foreign state;

2) an immediate threat of such aggression.

Aggression against the Russian Federation - is the use of armed force by a foreign state against the sovereignty, political independence and territorial integrity of the Russian Federation or in any other way that is incompatible with the UN Charter.

Martial law is introduced in order to create conditions for repelling or preventing aggression against the Russian Federation. Martial law on the territory of the Russian Federation or in its individual areas is introduced by Decree of the President of the Russian Federation. The President of the Russian Federation is obliged to immediately inform the Federal Assembly of the Russian Federation about the introduction of martial law on the territory of the Russian Federation or part of it. The term of martial law is established by the Decree of the President of the Russian Federation on the introduction of such a provision.

On the territory of the introduction of martial law, the rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, the activities of organizations regardless of their organizational and legal forms and forms of ownership, the rights of their officials may be limited, additional duties may be imposed on all persons located in this territory organizations and their officials.

State of emergency - this is a special legal regime for the activities of state authorities, local governments, organizations, regardless of organizational and legal forms and forms of ownership, their officials, public associations, introduced throughout the territory of the Russian Federation or in its individual areas.

The state of emergency allows for the introduction of certain restrictions on the rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, the rights of organizations and public associations, as well as the imposition of additional responsibilities on them. A state of emergency is being introduced in order to ensure the safety of citizens and protect the constitutional system of the Russian Federation.

It is introduced in cases of direct threat to the life and safety of citizens or the constitutional system of the Russian Federation:

1) attempts to forcibly change the constitutional system of the Russian Federation, seizure or appropriation of power, armed rebellion, mass riots, terrorist acts, etc.;

2) emergencies of a natural and man-made nature, environmental emergencies, epidemics and epizootics resulting from accidents, hazardous natural phenomena, catastrophes, natural and other disasters that have resulted or may result in human casualties, damage to human health and the environment, and equally significant material damage as a result of the same reasons.

A state of emergency throughout the territory of the Russian Federation or in its individual areas is introduced by Decree of the President of the Russian Federation, who is obliged to immediately inform the chambers of the Federal Assembly of the Russian Federation about this. The period for which a state of emergency is introduced is indicated in the Decree of the President of the Russian Federation.

The regime of martial law and the state of emergency can be introduced both throughout the territory of the Russian Federation and in its individual areas.

37. PRINCIPLES OF THE FEDERAL STRUCTURE OF THE RUSSIAN FEDERATION

The Russian Federation is a multinational state, therefore the most natural form of government is federal.

The territory of Russia is divided into separate, independent (within its competence), equal subjects of the Russian Federation. There are 89 of them according to the Constitution of the Russian Federation.

Principles of the federal structure of the Russian Federation:

1) state integrity of the Russian Federation;

2) unity of the system of government bodies;

3) delimitation of jurisdiction and powers between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation;

4) equality and self-determination of peoples in the Russian Federation.

The state integrity of the Russian Federation presupposes a state structure in which:

1) the integrity and inviolability of the territory of the Russian Federation is ensured;

2) there is a single citizenship of the Russian Federation;

3) a single economic space is established and the use of a single monetary unit - the ruble;

4) the supremacy of the Constitution of the Russian Federation and federal laws in relation to the normative acts of the constituent entities of the Russian Federation is guaranteed;

5) federal bodies of state power operate and the unity of systems of state power is proclaimed;

6) state entities are considered as being part of the Russian Federation, the territory of each of them is an inextricable part of the territory of Russia;

7) issues of the federal structure are attributed to the exclusive prerogative of the Russian Federation;

8) there is no right for subjects of the Russian Federation to secede from its composition.

The principle of the unity of the system of state authorities is closely connected with the principle of the state integrity of the Russian Federation. It ensures the sovereignty of the Russian Federation throughout its territory.

According to this principle, the only source of power is the multinational people of the Russian Federation.

Unified system of public authorities means that:

1) state authorities of the constituent entities of the Russian Federation are formed similarly to the federal ones in accordance with the Constitution of the Russian Federation and federal laws (for example, in the constituent entities of the Russian Federation the highest authorities of the constituent entity of the Russian Federation are established: the highest executive body, the highest official and the legislative (representative) body;

2) there is a vertical subordination of the federal government bodies of the constituent entities of the Russian Federation to the highest authorities of the Russian Federation (for example, the prosecutor's office is directly subordinate to the General Prosecutor's Office of the Russian Federation throughout the Russian Federation, and the courts of the Russian Federation represent a unified system of judicial power of the Russian Federation).

Separation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation ensures the necessary independence and sovereignty of state bodies within the established limits, the inadmissibility of arbitrariness in their activities and a respectful attitude to decisions made by them within their competence. The delimitation of the powers of the Russian Federation and its subjects is carried out by the Constitution of the Russian Federation, federal laws and federal treaties.

Russia is a multinational country, therefore principle of equality of peoples is one of the fundamental ones, ensuring the right of all peoples to preserve their cultural and historical traditions. In addition, the Constitution of the Russian Federation guarantees the peoples of Russia the right to self-determination, but without the right to secede from the Russian Federation.

38. PRINCIPLE OF EQUALITY AND SELF-DETERMINATION OF PEOPLES AND THE FORMS OF ITS IMPLEMENTATION. LEGAL STATUS OF INDIGENOUS PEOPLES AND NATIONAL MINORITIES IN THE RUSSIAN FEDERATION

One of the fundamental principles of the federal structure of the Russian Federation is equality of the peoples of Russia (over 170 of them live on the territory of the Russian Federation).

The Russian Federation guarantees the rights and freedoms of the indigenous and small peoples of Russia.

The principle of equality of peoples includes the rights of peoples to:

1) self-determination;

2) use of land and other natural resources as the basis of life and activity;

3) preservation of the native language, creation of conditions for its study and development;

4) receiving support from the Russian Federation, which is responsible for establishing the foundations of federal policy and federal programs in the field of national development of the Russian Federation.

The rights of the peoples of Russia are closely related to the rights of every citizen of the Russian Federation:

1) to use their native language;

2) free choice of language of communication, education, training and creativity;

3) confession of any religion;

4) the right to be protected from discrimination based on nationality.

Self-determination of the peoples of the Russian Federation implies the right of the national minorities of the Russian Federation to form national communities, but only within Russia.

The Russian Federation is a sovereign and integral state, secession from its composition by the will of the subjects of the Russian Federation is not allowed in any case, therefore, if the people of Russia wish to secede from the Russian Federation, this is illegal and violates the principle of the territorial integrity of Russia.

Self-determination can be expressed in the form:

1) changes in the status of subjects of the Russian Federation (for example, a subject of the Russian Federation may separate from another subject of the Russian Federation in the order of self-determination of the people of Russia);

2) admission of a foreign state or part thereof into the Russian Federation as a new subject of the Russian Federation;

3) the formation of a new subject of the Russian Federation within the Russian Federation.

The Constitution of the Russian Federation establishes a special legal regime for the indigenous peoples and national minorities of Russia.

Indigenous peoples of the Russian Federation - these are peoples living in the territories of the traditional settlement of their ancestors, preserving the traditional way of life, economic management and crafts, numbering no more than 50 thousand people, recognizing themselves as independent ethnic communities.

Their legal status in the Russian Federation is determined by the special constitutional protection of the peoples of Russia.

Indigenous peoples of Russia are guaranteed the rights to:

1) to replace military service with alternative civilian service;

2) to preserve and develop their original culture;

3) for territorial public self-government;

4) to unite into communities and other public associations;

5) for representation in legislative (representative) bodies of constituent entities of the Russian Federation and representative bodies of local self-government;

6) to judicial protection in case of violation of the rights of representatives of small peoples or discrimination expressed in any form.

Indigenous peoples of Russia are guaranteed the right to socio-economic and cultural development, protection of their original habitat, traditional way of life and management. This right is ensured by the activities of all state authorities of the Russian Federation and the constituent entities of the Russian Federation, on whose territory representatives of this nationality live.

39. CONSTITUTIONAL AND LEGAL STATUS OF THE SUBJECTS OF THE RUSSIAN FEDERATION

The Russian state is a federation.

The Russian Federation is formed by a set of relatively independent territorial entities, subjects of the Russian Federation.

The subject of the Russian Federation - a territorial entity with limited legal capacity, having some features of statehood, built on the territorial or national principle of formation.

The limited legal capacity of the subjects of the Russian Federation means that they are independent only within the limits of their competence.

The Russian Federation has the following principles of formation of the territory of the subjects of the Russian Federation:

1) territorial principle;

2) national principle;

3) national-territorial (mixed) principle.

Territorial principle The formation of a subject of the Russian Federation means that the boundaries of such a subject are determined solely by the presence of a large covered territory and a large number of residents. According to this principle, as a rule, territories, regions, as well as cities of federal significance are formed.

National principle means that the formation of a subject of the Russian Federation is associated with the characteristics of the national composition of the population. The subjects of the Russian Federation, formed according to the national principle, often have a small territory, but include associations of the peoples of Russia and therefore are separated into independent subjects of the Russian Federation.

mixed type formation of the subject of the Russian Federation includes the features of both the national and territorial principles.

Types subjects of the Russian Federation:

1) 21 republics within the Russian Federation (these are independent subjects of the Russian Federation, which have the features of statehood, they have the right to independently determine the internal policy of the subject of the Russian Federation);

2) 6 territories (these subjects of the Russian Federation are formed on the basis of the territorial principle and are distinguished by a vast territory);

3) 49 regions (just like the regions, they are built on a territorial principle, but have a relatively small area);

4) 2 cities of federal significance: Moscow, St. Petersburg (they are classified as subjects of the Russian Federation only due to their large territory and population);

5) Jewish Autonomous Region (the only subject of the Russian Federation with such a legal form);

6) 10 autonomous okrugs (they are formed on a national basis and to preserve historically established relationships within the okrug).

Depending on the type of subject of the Federation, their legal status within the state and in relations with other subjects of the Russian Federation is differentiated.

The republics within the Russian Federation have the greatest amount of powers, and the autonomous okrugs and autonomous regions have the least, since they are part of other constituent entities of the Russian Federation (territories and regions), and therefore partially depend on the decisions of government bodies. The territories and regions within the Russian Federation have approximately equal powers.

Cities of federal significance have a special status among the constituent entities of the Russian Federation. They represent the Russian Federation and are its "face".

Evidence subjects of the Russian Federation:

1) do not have state sovereignty;

2) do not have the right to self-determination due to the principle of the territorial integrity of the Russian Federation;

3) the status of citizens of the Russian Federation is the same throughout the entire territory of the Russian Federation, regardless of the constituent entities of the Russian Federation in which the citizen lives;

4) exercise powers in accordance with federal legislation;

5) all subjects of the Russian Federation have equal rights.

40. AUTONOMOUS REGIONS AND AUTONOMOUS REGION: CONSTITUTIONAL AND LEGAL STATUS

Autonomous Oblast and Autonomous Okrug within the Russian Federation - national-state formations of the Russian Federation that have a certain, limited territory within the Russian Federation and exercise the powers established by the Constitution of the Russian Federation, federal laws and the Federal Treaty of March 31, 1992.

The legal status of an autonomous okrug (oblast) is determined by the totality of the powers of this subject of the Russian Federation, with the exception of issues referred by the Constitution of the Russian Federation to the exclusive jurisdiction of the Russian Federation, and is a set of rights and obligations arising in relations with the Russian Federation and with other subjects of the Russian Federation, of which it is a part .

Legal status features Autonomous Okrug (region):

1) the constitutional and legal status of an autonomous district (region) is simultaneously a combination of the status of a part of a subject of the Russian Federation and the status of an independent subject of the Russian Federation;

2) the constitutional and legal nature of autonomous okrugs (regions) is the same as that of other subjects of the Russian Federation, they are an equal subject of the Russian Federation;

3) an autonomous district (region), as a rule, is part of a territory, region, i.e., it has a single territory and population with the subject of the Russian Federation, which includes the autonomous entity.

The dual nature of the legal nature of the autonomous okrug (region) does not mean that these subjects of the Russian Federation are limited in their rights in relation to other subjects of the Russian Federation. An autonomous okrug (region) is an equal and independent subject of the Russian Federation.

It has its own territory and scope of powers, population, system of state bodies, charter, legislation, administrative-territorial boundaries, etc.

The legal status of an autonomous okrug (oblast) cannot be changed without its prior consent.

The status of the autonomous okrug (oblast) is the same as that of all other constituent entities of the Russian Federation. In this regard, all the rights of the subjects apply to them: the right to the symbolism of the subject, to an equal position in relations with the Russian Federation, etc.

The autonomous okrug (region) is partially subject to the influence of state authorities of the region, the region in which they are included, for this, special laws of the constituent entities of the Russian Federation are established and agreements are concluded between them on the limits of competence.

The autonomous okrug (region) independently regulates the issues of ownership, use and disposal of land, subsoil, water, forestry and other natural resources in accordance with the fundamentals of legislation, codes, and laws of the Russian Federation.

The Constitution of the Russian Federation and the Treaty on the delimitation of jurisdiction and powers between the federal state authorities of the Russian Federation and the authorities of the autonomous region, autonomous districts within the Russian Federation (Moscow, March 31, 1992) establishes a list of subjects of joint jurisdiction of the federal state authorities of the Russian Federation and state authorities autonomous region, autonomous district, which they can transfer to each other by mutual agreement.

Autonomous okrugs (regions) have the right to adopt legal acts on issues of their own and joint jurisdiction with the Russian Federation. It also has the right to issue a special nominal federal law, but at present not a single autonomous district (region) has yet exercised this right.

41. PRINCIPLES OF DIFFERENTIATION OF THE SCOPE AND POWERS OF STATE AUTHORITIES OF THE RUSSIAN FEDERATION AND ITS SUBJECTS

The Constitution of the Russian Federation establishes clear lists of the powers of the Russian Federation, subjects of the Russian Federation and the subjects of their joint jurisdiction.

The Russian Federation has sovereignty over the entire territory of the Russian Federation and exercises powers assigned to the subjects of its exclusive jurisdiction due to their special importance for the state. For example, the adoption and amendment of the Constitution of the Russian Federation and federal laws, control over their observance; establishment of a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities; federal structure and territory of the Russian Federation; regulation of the federal budget; questions of war, defense and peace, etc.

Outside the jurisdiction of the Russian Federation and the sphere of joint jurisdiction of the Russian Federation and its subjects, the latter have the fullness of state power, i.e., these powers are within the exclusive competence of the state authorities of the constituent entities of the Russian Federation.

Sphere of joint jurisdiction of the Russian Federation and subjects of the Russian Federation - the powers within which both the Russian Federation and its subjects are entitled to act. These powers are exercised by the subjects of legal relations taking into account mutual benefit, mutual consent and mutual delegation of powers on the basis of federal agreements on the delimitation of subjects of jurisdiction.

The division of these powers is carried out in accordance with principles:

1) compliance of the legislation of the constituent entities of the Russian Federation with the federal one;

2) equality of subjects of the Russian Federation in the exercise of their powers;

3) independence of state authorities of the constituent entities of the Russian Federation in the exercise of their powers from federal authorities.

Compliance with the legislation of the constituent entities of the Russian Federation means that all acts adopted by the state authorities of the constituent entities of the Russian Federation within their competence must comply with the provisions of the Constitution of the Russian Federation, federal constitutional and federal laws. If a public authority of a constituent entity of the Russian Federation adopted an act outside its competence, such an act may be recognized as not complying with federal legislation by a court upon application of an interested person in the prescribed manner, which means that such an act is not subject to application and references to it are unacceptable.

The equality of the subjects of the Russian Federation before the Russian Federation means that all subjects of the Russian Federation have the right to independently, independently of others, exercise powers within their competence, while the powers to issue normative acts are equal for all subjects. No subject of the Russian Federation, regardless of its form (republic, territory, region, autonomous district or region, city of federal significance) can have more or less powers, since the powers of the subjects of the Russian Federation are established by the Constitution of the Russian Federation for all subjects at the same time, and the specification by federal treaties on the delimitation of subjects of jurisdiction applies only to subjects of joint jurisdiction.

The state authorities of the constituent entities of the Russian Federation exercise their powers, but only within the limits of their competence or on subjects of joint jurisdiction in accordance with federal agreements on the delimitation of subjects of jurisdiction. No state authorities of the Russian Federation have the right to impede the exercise of the powers of the constituent entities of the Russian Federation, to force the adoption of this or that law.

42. LEGAL FORMS OF THE POWERS AND INTERACTION OF THE RUSSIAN FEDERATION AND ITS SUBJECTS. LEGAL SIGNIFICANCE OF CONTRACTS AND AGREEMENTS BETWEEN GOVERNMENT BODIES OF THE RUSSIAN FEDERATION AND SUBJECTS OF THE RUSSIAN FEDERATION

Competence of the authority - this is a certain amount of authority established by the Constitution of the Russian Federation and other federal laws.

The delimitation of the powers of the Russian Federation and its subjects can be forms:

1) concluding an agreement between a subject of the Russian Federation and the Russian Federation;

2) establishment in the norms of the Constitution of the Russian Federation.

The Constitution of the Russian Federation strictly establishes the following types of competence government bodies depending on the federal structure of the Russian Federation:

1) the competence of the Russian Federation itself;

2) the competence of the constituent entities of the Russian Federation;

3) issues of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

Under the jurisdiction of the authorities of the constituent entities of the Russian Federation Most of the current issues of regulating the life of society are located, with the exception of issues of the exclusive jurisdiction of the Russian Federation:

1) federal structure and territory of the Russian Federation;

2) establishing a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities;

3) federal state property and its management;

4) financial, currency, credit, customs regulation;

5) federal budget;

6) foreign policy and international relations of the Russian Federation;

7) issues of war and peace, defense and security;

8) other issues of exclusive jurisdiction of the Russian Federation. Subjects of the Russian Federation are not entitled, without prior agreement with the Russian Federation, to adopt normative acts affecting the competence of the Russian Federation, for example, establish their own military formations, establish boundaries other than administrative-territorial, establish customs taxes and fees upon entry and exit into the territory of a subject of the Russian Federation.

However, the Russian Federation has the right to transfer part of its powers to the authorities of the constituent entities of the Russian Federation, if this does not entail restrictions on the rights and freedoms of a person and citizen and does not contradict the Constitution of the Russian Federation. This transfer of powers is carried out on the basis of an agreement on the delimitation of subjects of jurisdiction between the state authorities of the Russian Federation and the constituent entities of the Russian Federation.

Agreement on the delimitation of subjects of jurisdiction and powers between the federal government bodies of the Russian Federation and the authorities of the constituent entities of the Russian Federation - an agreement by virtue of which the competence of state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation is established.

Agreements on the delimitation of subjects of jurisdiction may affect subjects of the joint competence of the Russian Federation and its subjects. These include, for example:

1) ensuring the supremacy of federal legislation;

2) protection of human and civil rights and freedoms;

3) ensuring legality, law and order, public safety;

4) environmental protection and ensuring environmental safety;

5) establishment of general principles for organizing the system of state authorities and local self-government;

6) other current issues of the functioning of the state system.

Legal significance agreements on the delimitation of subjects of jurisdiction between government bodies of the Russian Federation and its subjects is as follows: a list of issues on which the subjects of the Russian Federation have the right to adopt laws and other regulations is clearly established, the boundaries of the power of the Russian Federation are established on the territory of its subjects.

43. CORRELATION OF THE LEGISLATION OF THE RUSSIAN FEDERATION AND ITS SUBJECTS

The Constitution of the Russian Federation grants the right to state authorities of the constituent entities of the Russian Federation to adopt laws within their competence. These laws operate within the boundaries of the respective subject of the Russian Federation.

The subjects of the Russian Federation are not entitled pass laws on issues within the exclusive competence of the Russian Federation:

1) war and peace;

2) regulation of federal property;

3) establishing the federal budget, etc.

If a subject of the Russian Federation adopts a law outside the limits of its competence, the laws of the Russian Federation and the subjects of the Russian Federation come into conflict with each other, i.e., conflicts of law arise.

In this case, the general rule for resolving such disputes always applies: federal laws have the highest force in relation to the laws of the constituent entities of the Russian Federation, which ensures the sovereignty of the Russian Federation throughout its territory and the supremacy of federal legislation.

In the event of a more complex conflict between the legal acts of the Russian Federation and the acts of the subject of the Russian Federation, it is resolved by the Constitutional Court of the Russian Federation.

Collisions between the laws of the constituent entities of the Russian Federation and federal legislation may be:

1) on the contradiction of normative acts of government bodies of constituent entities of the Russian Federation with federal legislation;

2) on the limits of competence of the authority that adopted the normative act.

The Constitutional Court of the Russian Federation considers disputes about the competence of the authorities of the constituent entities of the Russian Federation in terms of the delimitation of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Federation, between the highest state authorities of the constituent entities of the Russian Federation established by the Constitution of the Russian Federation, federal and other agreements on the delimitation of jurisdiction and powers.

The Constitutional Court of the Russian Federation can make the following decisions:

1) confirm the authority of the relevant government body of the constituent entity of the Russian Federation to issue a controversial act or perform a controversial legal action;

2) confirm the lack of appropriate powers of a given government body to issue an act or perform an action of a legal nature that gave rise to a dispute about competence.

In the first case, the controversial act continues its effect and is recognized as adopted within the competence of the authority.

If an act of an authority of a constituent entity of the Russian Federation is recognized as not complying with federal legislation, it loses its legal force and ceases to operate. In this case, the norms of federal laws governing disputed legal relations are subject to application. If there are no relevant federal regulations, then the previous legislation of the Russian Federation or the RSFSR or an analogy of the law is applied.

If the Constitutional Court of the Russian Federation recognizes a law of a constituent entity of the Russian Federation, an agreement of a constituent entity of the Russian Federation or some of their provisions as inconsistent with the Constitution of the Russian Federation, this entails their indispensable recognition as invalid and not subject to application, the abolition by state authorities of other constituent entities of the Russian Federation of acts adopted on the basis of provisions recognized as unconstitutional. In this regard, all legal consequences that have arisen as a result of the application of unconstitutional normative acts of the subjects of the Russian Federation are canceled and the position of the subjects of legal relations is restored in their original form.

44. ADMISSION TO THE RUSSIAN FEDERATION AND THE FORMATION OF A NEW SUBJECT OF THE FEDERATION IN RUSSIA

Change in the subject composition of the Russian Federation possible in 2 cases:

1) admission of a new subject of the Russian Federation to the Russian Federation;

2) the formation of a new subject of the Russian Federation within the Russian Federation.

This is the main principle acceptance in the Russian Federation and the formation of a new subject in its composition - voluntariness.

When changing the subject composition of the Russian Federation, state interests, the principles of the federal structure of the Russian Federation, the rights and freedoms of man and citizen, the established historical, economic and cultural ties of the subjects of the Russian Federation, their socio-economic opportunities should be taken into account.

Adoption of a new subject in the Russian Federation - the procedure for changing the composition of the constituent entities of the Russian Federation as a result of the accession to the Russian Federation of a foreign state or part thereof.

Formation of a new subject within the Russian Federation - this is also a procedure for changing the composition of the subjects of the Russian Federation, but it is carried out as a result of the unification of two or more subjects of the Russian Federation bordering on each other.

A foreign state is accepted into the Russian Federation only if it expresses a voluntary desire and if there is a conclusion on the expediency for the Russian Federation of such acceptance of a new subject into the Russian Federation.

A foreign state (or part of it) may be admitted to the Russian Federation as a republic, if the international agreement on the admission of the Russian Federation into its composition of a new subject does not provide for granting this subject the status of a territory or region.

A proposal to admit a foreign state or a part of it to the Russian Federation as a new subject of the Russian Federation can only be submitted by the foreign state itself.

The authority to consider such a proposal and make a decision on this issue belongs to the President of the Russian Federation after consultation with the Federation Council of the Federal Assembly of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation.

On this issue, an international treaty between the Russian Federation and a foreign state must be signed on its admission to the Russian Federation as a new subject. Such an international treaty should regulate the following issues:

1) name and status of the new subject of the Russian Federation;

2) the procedure for acquiring Russian citizenship by citizens of a foreign state and extending to them the full legal status of a citizen of the Russian Federation;

3) succession in relation to the membership of a foreign state in international organizations, its property assets and liabilities;

4) the effect of the legislation of the Russian Federation on the territory of the new subject of the Russian Federation;

5) the functioning of state authorities and local government bodies of a foreign state on the territory of a new subject of the Russian Federation.

The international treaty of the Russian Federation on the admission of a new subject to its composition is subject to ratification by federal law after receiving the conclusion of the Constitutional Court of the Russian Federation.

A proposal from interested subjects of the Russian Federation on the formation of a new subject within the Russian Federation must contain:

1) socio-economic justification;

2) intended name and status;

3) approximate borders of the new subject of the Russian Federation.

On the issue of the formation of a new subject within the Russian Federation, referendums must be held on the territory of the interested subjects of the Russian Federation.

After that, the President of the Russian Federation considers a proposal to form a new constituent entity of the Russian Federation within the Russian Federation. He reports this to the Federal Assembly, which in turn adopts a federal constitutional law on this issue.

45. STATE SYMBOLS AND LEGAL STATUS OF THE CAPITAL OF RUSSIA

State symbols of the Russian Federation - these are special designations of Russia, which are a means of official representation of the Russian Federation in external and internal relations, due to which they are specially protected by law.

State symbols of the Russian Federation are:

1) State emblem of the Russian Federation;

2) State flag of the Russian Federation;

3) National anthem of the Russian Federation.

State symbols of the Russian Federation provide representation of the Russian Federation within the country and in other countries of the world and express the sovereignty of the Russian Federation.

They are subject special state protection, therefore it is prohibited and punishable by law:

1) desecration of the state symbols of the Russian Federation in any form (for example, public destruction of the flag of the Russian Federation, distortion of the anthem of the Russian Federation, or ridicule and mockery of the coat of arms of the Russian Federation);

2) use of state symbols in violation of the procedure established by federal legislation.

The status of symbols of state sovereignty of the Russian Federation is regulated by the Federal Law of December 25, 2000 No. 2-FKZ "On the State Emblem of the Russian Federation" (as amended on July 9, 2002, June 30, 2003), the Federal Law of December 25, 2000 No. 3 -FKZ "On the State Anthem of the Russian Federation" (as amended on March 22, 2001) and FKZ of December 25, 2000 No. 1-FKZ "On the State Flag of the Russian Federation" (as amended on July 9, 2002, June 30 2003).

The state emblem of the Russian Federation, the flag of the Russian Federation and the anthem of the Russian Federation - official state symbols of the Russian Federation, expressed respectively by means of a graphic image, colors on a fabric canvas and by means of music and text. Their forms of expression are established by federal constitutional laws.

The official state symbols of the Russian state may be used by the constituent entities of the Russian Federation, various organizations of the Russian Federation for corporate or distinctive designation only on the basis of the relevant permission of the Russian Federation and in the forms established by law.

State symbols of the Russian Federation must be (placed) in the bodies and institutions of the Russian Federation established by laws on state symbols of Russia. Subjects of the Russian Federation, municipalities, public associations, enterprises, institutions and organizations, regardless of their form of ownership, have the right to have their own emblems (heraldic signs), but these emblems should not be identical to the State Emblem of the Russian Federation.

The State Emblem cannot be used as a heraldic basis for the coats of arms of the constituent entities of the Russian Federation, municipalities, public associations, enterprises, institutions and organizations.

In addition to state symbols, the sovereignty of the Russian Federation is expressed through the presence of the capital of the Russian Federation.

Capital of the Russian Federation - Moscow city. Its legal status is characterized from 2 sides:

1) Moscow is the state capital of Russia, i.e. it has a special status of a city, close to the status of state symbols of the Russian Federation;

2) Moscow is a city of federal significance, i.e. it simultaneously has the rights and status of a subject of the Russian Federation and a city.

Thus, Moscow acts in relations with the Russian Federation as an independent entity and as the center of all of Russia, its state capital. The peculiarity of the status of the capital is that it acts as the face of the entire Russian Federation in international relations.

46. LEGAL STATUS OF LANGUAGES IN THE RUSSIAN FEDERATION

State language of the Russian Federation - Russian language.

The Russian Federation is a multinational state, therefore the Constitution of the Russian Federation enshrines the right of the peoples of Russia on their territory to use and study in educational institutions, in addition to the Russian language, the national language, to draw up documents, in addition to the Russian language, and in the language of the corresponding people of Russia.

Republics within the Russian Federation may establish their own official languages in order to preserve their historical traditions.

The Russian Federation protects the right of the peoples of the Russian Federation to use and preserve their languages, therefore the following are unacceptable in the Russian Federation:

1) propaganda of hostility and disdain for any language;

2) creating obstacles, restrictions and privileges in the use of languages;

3) other violations of the legislation of the Russian Federation on the languages of the peoples of Russia.

There are a number of language conservation principles peoples of Russia:

1) the languages of the peoples of the Russian Federation are the national heritage of the Russian Federation;

2) the languages of the peoples of the Russian Federation are under state protection;

3) the state throughout the Russian Federation promotes the development of national languages, bilingualism and multilingualism.

The main constitutional principle of preserving the languages of the peoples of Russia is their equality, i.e. all the peoples of Russia have the right to equally ensure the preservation and use of their native language. This principle ensures equal rights of all peoples and their individual representatives to the preservation and comprehensive development of their native language, freedom of choice and use of the language of communication. The right to preserve the national language and its comprehensive development, freedom to choose and use the language of communication belongs to all peoples of the Russian Federation, regardless of their numbers, and to their individual representatives, regardless of origin, social and property status, race and nationality, gender, education, attitude to religion and places of residence. Subjects of the Russian Federation have the right to adopt laws and other regulatory legal acts to protect the rights of citizens to freely choose the language of communication, education, training and creativity.

Language protection guarantees peoples of the Russian Federation:

1) the languages of the peoples of the Russian Federation enjoy state protection, that is, the legislative, executive and judicial authorities of the Russian Federation are called upon to guarantee and ensure the social, economic and legal protection of all languages of the peoples of the Russian Federation;

2) social protection of languages is ensured by the implementation of a scientifically based language policy aimed at the preservation, development and study of all languages of the peoples of the Russian Federation throughout Russia;

3) economic protection of languages includes targeted budgetary and other financial support for state and scientific programs for the preservation and development of the languages of the peoples of the Russian Federation, as well as the implementation of preferential tax policies for these purposes;

4) legal protection of languages is ensuring the liability of legal entities and individuals for violating the legislation of the Russian Federation on the languages of the peoples of Russia.

The Russian Federation, regardless of knowledge of the national language, guarantees citizens of the Russian Federation the exercise of basic political, economic, social and cultural rights, i.e., restrictions cannot be established on the territory of individual subjects depending on knowledge or ignorance of the language, and violation of the linguistic rights of peoples and individuals entails a liability under the law.

47. ELECTORAL RIGHT: CONCEPT, STRUCTURE, NORMATIVE BASE

Suffrage (in the subjective, narrow sense of the word) - the constitutional right of citizens to elect and be elected to elected bodies, state and municipal authorities and the right to participate in a referendum.

Suffrage (in the objective, broad sense of the word) - a set of legal norms governing the entire range of electoral processes in the Russian Federation, including the electoral rights of citizens.

Suffrage in the narrow sense of the word includes:

1) passive suffrage of citizens of the Russian Federation (the right to be elected to state and municipal authorities);

2) active suffrage of citizens of the Russian Federation (the right to elect to elected bodies of power).

Active suffrage belongs to every citizen of the Russian Federation who has reached the age of 18, but subject to the restrictions established by federal laws. Citizens of the Russian Federation cannot vote:

1) recognized as incompetent (limitedly capable) by a court decision that has entered into legal force;

2) in respect of whom a court sentence has entered into legal force for committing a crime for which the punishment is imprisonment.

Passive suffrage belongs to citizens from the moment they reach the age established by federal laws for holding a certain position. This right is limited in the presence of circumstances in which it is not allowed to occupy a certain position. These circumstances must be specified in federal laws.

A citizen of the Russian Federation cannot be elected to state and municipal authorities:

1) holding a public position at the time of elections, the duties of which are incompatible with the elective position;

2) sentenced to imprisonment by a court sentence passed in accordance with the established procedure;

3) recognized by a court verdict that has entered into legal force as incompetent or partially capable. Suffrage as a set of legal norms has system:

1) federal legislation on elections and referendums;

2) legislation on elections and referendums of constituent entities of the Russian Federation.

Elements of the electoral law system of the Russian Federation are distinguished depending on the level of adoption of normative acts.

Normative actsregulating electoral law:

1) Constitution of the Russian Federation of December 12, 1993;

2) federal laws (Federal Law of June 12, 2002 No. 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” (as amended on September 27, December 24, 2002, June 23, July 4 , December 23, 2003), Federal Law dated December 20, 2002 No. 175-FZ “On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation” (as amended on December 20, 2002, June 23, 2003), Federal Law dated 26 November 1996 No. 138-FZ "On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies" (as amended on June 22, 1998), Federal Law of August 5, 2000 No. 113-FZ "On the procedure formation of the Federation Council of the Federal Assembly of the Russian Federation", Federal Law of January 10, 2003 No. 19-FZ "On the elections of the President of the Russian Federation", etc.);

3) constitutions (charters) of the constituent entities of the Russian Federation;

4) laws of the constituent entities of the Russian Federation;

5) charters of municipalities.

48. PRINCIPLES OF THE RUSSIAN ELECTORAL RIGHT

Principles of electoral law in Russia - the fundamental principles of Russian legislation on the procedure for electing the highest authorities of the Russian Federation and its subjects, established by the Constitution of the Russian Federation.

Principles:

1) universality;

2) equality;

3) directness;

4) secrecy.

Universality means that all citizens of the Russian Federation, regardless of gender, race, nationality, religion and other qualities, if they have reached the age specified by the Constitution of the Russian Federation, can take part in elections as voters or candidates for one or another elective position (Article 32 of the Constitution of the Russian Federation ).

Restriction in the electoral rights of citizens is not allowed, except in cases provided for by federal laws (for example, citizens recognized by a court as incompetent or held in places of deprivation of liberty by a court verdict).

Electoral rights citizens of the Russian Federation:

1) the right to participate in the nomination of candidates, lists of candidates;

2) participate in election campaigning;

3) participate in monitoring the conduct of elections, the work of election commissions, including establishing voting results and determining election results;

4) take part in other electoral actions in the manner established by the Constitution of the Russian Federation, federal laws, constitutions (charters), laws of constituent entities of the Russian Federation.

The implementation of the principle of universal suffrage is ensured by the right of citizens to participate in the management of state affairs. Thanks to this right, citizens of the Russian Federation can influence the adoption and implementation of state decisions, state policy by determining their representatives, persons whose duties include protecting the interests of voters.

Citizens of the Russian Federation exercise their right to participate in the management of state affairs directly, since the will of voters in elections, referendums is direct, in addition, citizens of the Russian Federation can personally participate in the work of legislative, executive or judicial authorities.

Principle equalities The electoral system of the Russian Federation contains the following elements:

1) each voter has only 1 vote (the implementation of a one-time expression of the will of citizens in elections is ensured by the availability of lists of voters at their place of residence, where voters can vote only 1 time on the basis of a passport of a citizen of the Russian Federation);

2) participation in elections of citizens of the Russian Federation on an equal basis (no voter can have privileges in relation to other voters, and if someone is limited in their rights or if the votes of some voters are preferred over others, the elections may be declared invalid).

Principle directness means that voters vote directly for candidates in elections, and not for special representatives who will later be entitled to elect candidates for elective office.

Elections in the Russian Federation secret, that is, voting in elections at all levels and in all government bodies is carried out only by secret - the voter votes alone in a specially designated room, where no one can be present except the person expressing his will.

This principle ensures the free expression of the will of the citizens of the Russian Federation and excludes the possibility of pressure from other persons through threats.

49. TYPES OF ELECTORAL SYSTEMS AND THEIR USE IN THE FORMATION OF STATE AUTHORITIES OF THE RUSSIAN FEDERATION

Electoral system - this is the procedure for holding and organizing elections to the state authorities of the country at various levels of power.

Electoral system of the Russian Federation is a set of techniques and methods for organizing elections of state authorities of the Russian Federation and local self-government.

Electoral system of the Russian Federation includes:

1) the procedure for electing the President of the Russian Federation (Head of State);

2) the procedure for electing deputies to the State Duma of the Federal Assembly of the Russian Federation (the lower house of the Russian Parliament);

3) the procedure for elections to other state authorities provided for by the Constitution of the Russian Federation and elected on the basis of universal and direct suffrage;

4) the procedure for elections to government bodies of the constituent entities of the Russian Federation;

5) the procedure for elections to local government bodies.

Election types:

1) depending on what bodies are formed, elections can be for the Head of State, Parliament, local government, etc.;

2) according to the form of elections: direct, indirect (through representatives authorized by the population to carry out elections to government bodies), etc.

Most common in the world types of electoral systems, allocated according to the method of distribution of deputy mandates in a representative body of power based on election results:

1) majority;

2) proportional.

Majority electoral system is simplified. In this case, the distribution of deputy mandates is based on the majority of votes cast for a candidate or a political party. Thus, deputy mandates are received by persons for whom voters directly voted.

Majoritarian electoral systems based on the method of determining the majority can be:

1) relative (distribution is carried out according to the principle of “simple majority”);

2) absolute (in this case, an “absolute majority” of votes is required: at least 50% + 1 vote);

3) qualified (a “qualified majority of votes” is used, i.e. the candidate or political party that receives at least 2/3 of the votes wins).

Proportional electoral system - the procedure for the distribution of deputy mandates, in which each political party, bloc receives such a number of mandates that will be proportional to the number of votes cast for it.

In a proportional system, the law may establish the minimum number of votes cast in support of a particular party, bloc, in which the party, bloc can participate in the distribution of mandates.

Both of the above electoral systems are used in the Russian Federation, therefore the Russian Federation is a state with a mixed form of the electoral system, i.e. half (225) of the deputies of the highest representative body of the Russian Federation are elected according to the majoritarian system, and the other 225 - according to the proportional system based on the number of votes cast for one or another list of candidates or a political bloc.

At the same time, in the Russian Federation, the minimum number of votes (in elections to the State Duma of the Federal Assembly of the Russian Federation), upon receipt of which a party or bloc is allowed to distribute mandates, is 7% of the number of voters who took part in the elections.

50. ELECTORAL PROCESS IN RF: GENERAL CHARACTERISTICS

Election process - this is a set of forms of activity of bodies and groups of voters in the preparation and conduct of elections to state bodies and local governments.

Stages electoral process:

1) calling elections;

2) compiling voter lists;

3) formation of electoral districts and polling stations;

4) creation of election commissions;

5) nomination of candidates and their registration;

6) election campaigning;

7)voting;

8) counting of votes and determination of election results.

Elections are appointed by authorities of the appropriate level: elections of the President of the Russian Federation - the Federal Assembly, the State Duma - the President of the Russian Federation, the representative body of the subject of the Russian Federation - the head of the subject, the highest official - the representative body of this subject of the Russian Federation.

Election day is always Sunday.

All citizens of the Russian Federation who have reached the age of 18 take part in the elections.

The next step is voter registration. All citizens of the Russian Federation with active voting rights are subject to registration. Registration is carried out at the place of residence of voters by the registration authorities that compile voter lists.

The territory of the Russian Federation at the time of the elections is divided into single-seat electoral districts, and in its totality constitutes a single federal electoral district. The districts are divided into polling stations.

To organize elections, election commissions are formed, the highest of which is the Central Election Commission.

Election Commissions - collegiate bodies formed in the manner and within the time limits established by law, organizing and ensuring the preparation and conduct of elections.

The activities of all election commissions (both in preparation for elections and in the counting of votes) are carried out publicly in the presence of observers, and their decisions are subject to mandatory publication in state or municipal mass media.

Candidates and political parties must go through the registration procedure to participate in elections. Candidates in a single-mandate constituency are registered by the district election commission for the respective constituency. Political parties and blocs are registered by the Central Electoral Commission.

After registration, candidates and political parties have the right to conduct election campaigning activities that encourage voters to vote for a candidate, political party. For example, there may be calls to vote for or against a candidate, expressions of preference for one or another candidate, etc.

Election campaigning must cease completely at 0 hours local time one day before voting day. Citizens vote at the place of registration in the voter lists from 8 am to 20 pm local time. If a voter cannot vote at his place of residence, he may receive an absentee certificate from the precinct election commission where he is on the lists.

Election results are summed up by summing up the votes cast for one or another candidate and must be officially published by the Central Election Commission within 3 weeks from the election day.

51. CALLING ELECTIONS, FORMATION OF ELECTORAL DISTRICTIES AS A STAGE OF THE ELECTORAL PROCESS

Election appointment - this is the activity of authorized bodies to determine the day of voting.

The right to call elections belongs to different bodies depending on the elected body and its level:

1) elections of deputies of the State Duma are appointed by the President of the Russian Federation;

2) the day of elections of the President of the Russian Federation is appointed by the Federal Assembly of the Russian Federation;

3) the election of the highest official in the constituent entities of the Russian Federation is appointed by the relevant legislative (representative) body;

4) the head of a constituent entity of the Russian Federation calls elections for a representative body of state power of a constituent entity of the Russian Federation.

The decision to call elections shall be made no later than 65 days until the expiry date of the term for which the relevant body or official was elected.

If elections are called due to the early termination of the powers of the relevant body, then the decision to call the elections must be made no later than 14 days from the date of such termination.

If the elections are not scheduled within the specified time by the authorized body or official, then the elections are called and conducted by the relevant election commission. For example, in this case, the elections of bodies and officials of the federal level are appointed by the Central Election Commission, for the elections of bodies and officials of the subjects of the Russian Federation - by the election commission of this subject of the Russian Federation.

After the appointment of a voting day for elections on the territory of the Russian Federation, the following are formed:

1) a single federal electoral district;

2) 225 single-mandate electoral districts;

3) polling stations.

Federal constituency covers the entire territory of the Russian Federation. Deputies of the State Duma are elected in this constituency in proportion to the number of votes cast for federal lists of candidates nominated by political parties and electoral blocs.

Single-member constituencies are formed on the basis of data submitted to the Central Election Commission of the Russian Federation by the executive authorities of the constituent entities of the Russian Federation on the number of voters registered in individual regions.

Single-member electoral districts are formed in accordance with the requirements:

1) approximate equality of single-mandate electoral districts in the number of voters registered in their territories with a permissible deviation of no more than 10%, and in hard-to-reach or remote areas - no more than 15%;

2) within the territory of a constituent entity of the Russian Federation, single-mandate electoral districts are not formed from territories that do not border each other;

3) single-mandate electoral districts are not formed from the territories of two or more constituent entities of the Russian Federation;

4) at least 1 single-mandate electoral district must be formed on the territory of each subject of the Russian Federation. The scheme of single-mandate constituencies is approved by the State Duma on the proposal of the Central Election Commission of the Russian Federation.

Polling stations are formed on the basis of data on the number of voters registered in the territory of the municipality.

They are formed in compliance with the requirements:

1) no more than 3000 voters must be registered in the territory of each precinct;

2) crossing the boundaries of electoral districts with the boundaries of precincts is not allowed.

52. ELECTION COMMISSIONS FOR ELECTION OF DEPUTIES: CONCEPT, SYSTEM, ORDER OF FORMATION, COMPOSITION, TERMS OF AUTHORITY, COMPETENCE

Election Committee - these are collegiate bodies formed in the manner and within the time limits established by law, organizing and ensuring the preparation and conduct of elections.

System election commissions:

1) Central Election Commission of the Russian Federation;

2) election commissions of constituent entities of the Russian Federation;

3) district election commissions;

4) territorial (district, city, etc.) election commissions;

5) precinct election commissions.

Central Election Commission of the Russian Federation is permanent. However, the composition of the Central Election Commission is renewed every 4 years with the election of a new State Duma. It includes 15 members, 5 of whom are appointed by the State Duma from among candidates proposed by factions and other deputy associations, 5 by the Federation Council from among candidates proposed by constituent entities of the Russian Federation, 5 by the President of the Russian Federation.

Election commissions of the constituent entities of the Russian Federation are formed by the Central Election Commission of the Russian Federation.

District Electoral Commission is formed in each single-mandate constituency no later than 80 days before voting day in the amount of 8-14 voting members by the election commission of the corresponding subject of the Russian Federation.

Territorial Electoral Commissions are formed by the respective district election commissions no later than 35 days from the date of the official publication of the decision to call elections.

Precinct Electoral Commission is formed not earlier than 30 days and not later than 28 days before the voting day by the superior territorial election commission.

The number of its members is in proportion to the number of voters registered in the territory of the polling station.

Each election commission, in addition to other members, includes the chairman and members of the commission with an advisory vote, who are entrusted with control functions over the activities of the relevant commission and the procedure for holding elections.

The Central Election Commission of the Russian Federation is the highest in the system of election commissions and exercises leadership over the activities of all election commissions. The election commission of a subject of the Russian Federation is subordinate only to the Central and ensures the activities of all election commissions on the territory of a subject of the Russian Federation.

The district election commission coordinates the activities of territorial and precinct election commissions, considers complaints against decisions and actions of territorial election commissions and their officials, takes reasoned decisions on complaints, and also resolves all organizational issues at the local level. It is valid until the day of the official publication of the decision to call new elections.

The Central Election Commission, as well as the commissions of the constituent entities of the Russian Federation and district commissions, exercise their powers continuously for 4 years.

Territorial and precinct election commissions (the term of office expires 10 days after the official publication of the general election results) exercise the authority to directly work with voters in the respective territory.

53. NOMINATION OF CANDIDATES AS A STAGE OF THE ELECTORAL PROCESS

The nomination of candidates for elections may be in the following order:

1) self-nomination;

2) nomination of candidates by a political party, electoral bloc in single-mandate electoral districts;

3) nomination of a federal list of candidates by a political party, electoral bloc.

Self-nomination

Every citizen of the Russian Federation who has reached the age of passive suffrage can nominate his candidacy in a single-mandate constituency. Self-nomination is possible only in one single-seat constituency. A candidate who has put forward his candidacy in a single-mandate constituency cannot be nominated by a political party, an electoral bloc. For self-nomination, a citizen of the Russian Federation sends a written notification of self-nomination and a protocol on the collection of signatures in support of his nomination to the district election commission. Federal laws establish cases where the submission of a protocol on the collection of signatures by a candidate is not mandatory.

The notification must indicate:

1) last name, first name, patronymic of the candidate;

2) date of birth;

3) address of residence.

Nomination of candidates by a political party, electoral bloc in single-mandate constituencies

The decision to nominate candidates in single-mandate constituencies by a political party is taken by secret ballot at the congress of the political party. A political party, electoral bloc has the right to nominate no more than 1 candidate in one single-mandate constituency. Candidates in single-mandate constituencies from political parties and electoral blocs may be not only members of this party, but also persons who are not members of this political party or other political parties included in the electoral bloc. The decision of the congress of a political party, an electoral bloc on the nomination of candidates is documented in a protocol, to which a list of nominated candidates in single-mandate districts must be attached, indicating which candidate is running in which district.

Nomination of the federal list of candidates by a political party, electoral bloc

The decision to nominate a federal list of candidates by a political party is taken by secret ballot at the congress of the political party.

The decision of the congress of a political party, electoral bloc to nominate a federal list of candidates is documented in a protocol, to which the federal list of candidates nominated by this party, bloc is attached. This protocol, together with the list of candidates, is submitted to the election commission. The federal list of candidates may include candidates nominated by the same political party, the same electoral bloc in single-mandate constituencies. The federal list of candidates must not include the same person more than once. The total number of candidates nominated by a political party, electoral bloc in a federal electoral district may not exceed 1 people. Lists of candidates and other electoral documents of political parties, electoral blocs shall be submitted to the Central Election Commission of the Russian Federation not later than 270 days after the official publication of the decision to call elections.

54. REGISTRATION OF CANDIDATES. STATUS OF REGISTERED CANDIDATES

Registration of candidates, electoral lists for elections to the State Duma or to the post of President of the Russian Federation - an independent stage of the electoral process in the Russian Federation.

To register a candidate, a federal list of candidates, an authorized representative of a political party, electoral bloc submits to the Central Election Commission (district election commission - a candidate in a single-mandate constituency) the following documents:

1) signature sheets with signatures of voters collected in support of the nomination of a candidate or political party;

2) a protocol on the results of collecting voter signatures on paper in 2 copies;

3) information about changes in data about a candidate or political party previously submitted to the election commission;

4) the first financial report of a candidate or political party. These documents are submitted to the Central Election Commission of the Russian Federation (to the district election commission - a candidate in a single-mandate constituency) no earlier than 75 days and no later than 45 days before voting day by 18:XNUMX local time.

For registration, a candidate or a political party may not collect signatures in support of their nomination and may not submit the collected signatures to the election commission, but in this case, the registration of a candidate, a federal list of candidates is carried out on the basis of an electoral deposit.

Electoral pledge - funds deposited by a candidate to a special account of an election commission of a constituent entity of the Russian Federation or by a political party (electoral bloc) to a special account of the Central Election Commission of the Russian Federation.

All information received by the relevant election commissions from candidates or political parties must be verified by the election commissions for accuracy.

After the verification, the Central (district) Electoral Commission registers the candidate, political party or bloc as participating in the elections.

Status of registered candidates characterized by:

1) equality of candidates;

2) their right to state guarantees for participation in elections (candidates registered in a single-mandate electoral district and who received at least 3% of the votes based on the voting results are reimbursed for transportation costs in the amount of the cost of tickets on city, as well as suburban and intercity railway public transport use within the territory of the relevant district, except for payment for air travel, if the candidate lives and works in an area where there is no such transport, the candidate cannot be dismissed from work or service at the initiative of the employer during the period necessary to participate in the elections, expelled from an educational institution or transferred to another job without his consent, the time of participation of a registered candidate in elections is counted towards the length of service in the specialty in which he worked before registration, a registered candidate from the date of registration until the announcement of general election results cannot be involved in criminal liability, arrested or subjected to administrative punishment in court without the consent of the Prosecutor General of the Russian Federation).

55. VOTER INFORMATION AND CAMPAIGN

Voter information and election campaigning together constitute information support for elections.

Information support of elections contributes to the conscious expression of the will of voters and the principle of publicity of elections.

Voter information includes information about the place, time, day of voting, preliminary results of voting, etc. This information does not include information about candidates, political parties, or electoral blocs that nominated lists of candidates, since data on candidates are provided by the candidates themselves within the framework of election campaign.

Informing is carried out by state authorities, local self-government bodies, election commissions, organizations that issue mass media, legal entities and individuals.

Information about elections received by the mass media or disseminated in any other way must be objective, reliable and must not violate the equality of candidates, political parties, electoral blocs.

Informing citizens about preparations for elections to the State Duma or to the office of the President of the Russian Federation may include information on the results of public opinion polls.

During the period of the election campaign, candidates, political parties and electoral blocs have the right to conduct pre-election campaigning.

Election campaign includes:

1) calls to vote for a candidate, federal list of candidates or against a candidate, federal list of candidates;

2) a description of the possible consequences of the election or non-election of a candidate, the federal list of candidates;

3) dissemination of information about the candidate’s activities not related to his professional activities or the performance of his official (official) duties;

4) other actions aimed at inducing or encouraging voters to vote for or against a candidate, candidates, a list of candidates, or against all candidates (Article 57 of the Federal Law of December 20, 2002 No. 175-FZ “On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation” Federation" (as amended on December 20, 2002, June 23, 2003)).

Candidates, political parties and electoral blocs participating in elections have the right to independently determine the content, forms and methods of their election campaign.

The campaign is carried out:

1) on the channels of television and radio broadcasting organizations and in periodicals;

2) through holding public events;

3) through the release and distribution of printed, audiovisual and other propaganda materials;

4) other methods not prohibited by law.

Election campaigning may be carried out by candidates themselves, members of a political party or electoral bloc, as well as persons involved by them, with the exception of persons whose involvement is prohibited. For example, it is not allowed to use minors, officials, the Armed Forces, etc., in election campaigning.

Election campaigning is carried out from the date of nomination of a candidate, the federal list of candidates and ends at 0:XNUMX local time one day before voting day. Pre-election campaigning is prohibited on the voting day and on the day preceding it.

56. ELECTION FINANCING IN RUSSIA

Financing elections in the Russian Federation carried out from the budget of the appropriate level:

1) to federal elected bodies - from federal budget funds;

2) to the elected bodies of the constituent entities of the Russian Federation - from the budget of the constituent entity of the Russian Federation.

Funds for holding elections of federal authorities and officials go to the Central Election Commission, which distributes these funds among all electoral districts in accordance with the scheme of electoral districts.

The amount of funds received from budgets for financing elections is calculated based on the report of the Central Election Commission on spending funds during the preparation and conduct of previous elections, taking into account changes in the minimum wage.

Funds received from the federal (or constituent entities of the Russian Federation) budget to district, territorial, precinct election commissions are disposed of by the chairmen of the relevant commissions. They also submit reports on the expenditure of these funds.

The total amount of funds providing for elections to state authorities includes the election funds of candidates, political parties, and electoral blocs.

Electoral funds include funds:

1) belonging to the candidate himself (they cannot exceed 50% of the maximum amount of all expenses from the election fund);

2) allocated to the candidate by the political party that nominated him, political parties included in the electoral bloc that nominated him (they cannot exceed 50% of the maximum amount of all expenses from the candidate’s election fund);

3) voluntary donations from citizens (no more than 5% of the maximum amount of expenses from the candidate’s election fund) and legal entities (no more than 50% of the same amount).

The maximum amount of all expenses from a candidate's election fund cannot exceed 6 million rubles.

Electoral funds of candidates ensure the conduct of election campaigning and other actions of a candidate to participate in elections.

A political party is provided with federal budget funds to participate in elections if:

1) the federal list of candidates nominated by a political party or electoral bloc, as part of which the political party took part in the elections of deputies of the State Duma, received, based on the election results, at least 3% of the votes of voters who took part in voting in the federal electoral district;

2) based on the results of the elections of deputies of the State Duma in single-mandate electoral districts, at least 12 candidates nominated by a political party or electoral bloc were elected (provided that the nominated list of candidates received at least 3% of the votes of voters who took part in the voting as a result of the elections);

3) a registered candidate for the position of President of the Russian Federation, nominated by a political party or electoral bloc, in which the political party took part in the elections of the President of the Russian Federation, received, based on the election results, at least 3% of the votes of voters who took part in the voting (clause 5 of Article 33 Federal Law of July 11, 2001 No. 95-FZ “On Political Parties” (as amended on March 21, July 25, 2002, June 23, December 8, 2003)).

57. VOTING AND DETERMINING THE RESULTS OF ELECTIONS

Voting in elections to the State Duma of the Russian Federation or the President of the Russian Federation is always carried out from 8 a.m. to 20 p.m. local time on election day.

Territorial and precinct election commissions are obliged to notify voters about the time and place of voting no later than 20 days before voting day through the mass media or in any other way, and in case of early voting - no later than 5 days before the day of early voting.

Voting is underway secretly in specially equipped booths for secret voting. The voter votes in person, no one can be present at the polling station at the same time as the voter. It is not allowed to force anyone to vote for this or that candidate, as well as threats in any form for expressing the opinion of a citizen.

Each voter is given a ballot for voting, which contains the names and information about the candidates registered by the Central Election Commission and contains the line "against all federal lists of candidates." In it, the voter puts a mark in front of the name of one candidate.

Voters vote in those polling stations where they are included in the voter lists. If a citizen cannot vote at his polling station on election day, he can obtain an absentee certificate from the election commission on whose lists he is registered and vote at the nearest polling station where he will be located on election day.

Vote Counting voting is carried out from 20:XNUMX local time on the day of voting by precinct election commissions.

Further, the determination of the election results is carried out by summing up the votes in the received protocols on the voting results, respectively:

1) territorial election commissions;

2) district election commissions;

3) The Central Election Commission.

Each election commission draws up a protocol on the voting results, which is signed by members of the commission with the right to vote and sent to the higher election commission.

Protocols on voting results are available for review:

1) voters;

2) registered candidates;

3) their authorized representatives;

4) authorized representatives of registered candidates, political parties, electoral blocs;

5) observers of the Russian Federation and foreign (international) observers;

6) representatives of the media.

As a result of the counting of votes in the federal electoral district, the Central Election Commission of the Russian Federation draws up a protocol on the distribution of deputy mandates in the federal electoral district, and no later than 2 weeks after voting day announces the final general election results in the media.

General election results and data on the number of votes received by each of the registered candidates, federal lists of candidates, and the number of votes cast against all candidates, against all federal lists of candidates, must be officially published within 3 weeks from the voting day.

58. RECOGNITION OF ELECTIONS VOID AND Void

As a result of counting the votes of voters who took part in the elections, the Central Election Commission of the Russian Federation may recognize the elections in the federal electoral district (or in another electoral district) failed.

This is possible in the following cases:

1) if less than 25% of voters included in the voter lists took part in the elections in the federal electoral district;

2) if not a single federal list of candidates received 7% or more of the votes of voters who took part in voting in the federal electoral district, i.e. not a single list of candidates was allowed to distribute deputy mandates;

3)) if federal lists of candidates who received an aggregate of 50% or less of the votes of voters who took part in voting in the federal electoral district may qualify for the distribution of deputy mandates.

Invalid Election results for a federal constituency are recognized:

1) in the event that the violations committed during the conduct of voting or the establishment of voting results do not allow to reliably establish the results of the expression of the will of voters;

2) in the event that the voting results are declared invalid in part of the polling stations, the voter lists of which at the time of the end of voting collectively include at least part of the total number of voters included in them at the time of the end of voting in the federal electoral district, or if the voting results in the federal electoral district were declared invalid in at least 1/3 of single-mandate electoral districts;

3) by court decision (in case of violation of the electoral rights of citizens or the election procedure).

District (territorial, precinct) election commissions may recognize elections in the respective constituency failed in cases of:

1) if less than 25% of the number of voters included in the voter lists at the end of voting took part in the elections;

2) if the number of votes cast for the candidate who received the largest number of votes in relation to another candidate (other candidates) is less than the number of votes cast against all candidates.

District (territorial, precinct) election commissions recognize elections invalid:

1) in the event that violations committed during voting or establishing voting results do not allow reliably determining the results of the expression of the will of voters;

2) by a court decision (it is issued immediately upon a citizen’s appeal if a violation of his electoral rights is detected).

Elections in a single-mandate electoral district are declared invalid by the Central Election Commission of the Russian Federation if violations committed during the conduct of voting or the establishment of voting results, the determination of election results do not allow one to reliably determine the results of the expression of the will of voters.

In all these cases, the election commissions determine the number of voters who took part in the voting in the respective constituency based on the number of ballot papers found in the ballot boxes.

59. PROCEDURE FOR DETERMINING THE RESULTS OF ELECTIONS OF DEPUTIES OF THE STATE DUMA FOR A NATIONAL FEDERAL CONSTITUTION

Immediately after the end of voting (on the same day after 20:XNUMX local time), precinct election commissions begin counting the votes of voters by the number of ballots dropped into the ballot box, and enter the results of such a count in the minutes.

The calculation of the sums of votes given for the lists of candidates and the compilation of protocols of the relevant election commission are carried out directly by members of the district election commission with the right to vote. All voting results protocols are signed by all voting members of the relevant election commission.

The protocols with the results of voting at the polling stations are sent to the territorial election commissions, which, in turn, summarize the results and draw up protocols on the results of voting at the territorial polling stations. The protocols of the territorial election commissions on the voting results shall be sent to the district election commissions not later than on the 5th day from the voting day, where the election results for the single-mandate constituency are determined and the voting results for the federal electoral district in the territory of the single-mandate constituency are determined.

The district electoral commission draws up a protocol on the results of voting in a federal electoral district on the territory of a single-mandate electoral district.

These protocols on the results of voting in the federal electoral district are sent to the Central Election Commission of the Russian Federation.

On the basis of these protocols, by summing up the voting results for the federal electoral district, the Central Election Commission of the Russian Federation determines the results of the elections for the federal electoral district.

Based on the protocol on the results of voting in the federal electoral district, the Central Election Commission draws up protocol on the distribution of deputy mandates for the federal constituency between political parties, electoral blocs, which indicates:

1) the names of political parties, electoral blocs, the federal lists of candidates of which are admitted to the distribution of deputy mandates, and the number of deputy mandates due to each of them;

2) the names of regional groups of candidates from federal lists of candidates admitted to the distribution of deputy mandates, and the number of deputy mandates due to each of them;

3) last names, first names and patronymics of registered candidates elected as deputies from each federal list of candidates.

Registered federal lists of candidates are allowed to distribute deputy mandates, each of which received more than 7% of the votes of the voters who took part in the voting in the federal constituency. Based on the protocol of the Central Election Commission of the Russian Federation on the distribution of deputy mandates in the federal electoral district, no later than 2 weeks after voting day, the general election results are announced, as well as the results of the distribution of deputy mandates according to party lists.

60. SEPARATION OF POWERS AND UNITY OF THE SYSTEM OF STATE AUTHORITIES: IMPLEMENTATION IN THE RUSSIAN FEDERATION

“State power in the Russian Federation is exercised...” (Article 10 of the Constitution of the Russian Federation) (one power, not three powers) on the basis of its division into legislative, executive and judicial.

Principles systems of government bodies of the Russian Federation:

1) separation of powers;

2) unity of government bodies.

In the Russian Federation there are branch:

1) legislative (Federal Assembly of the Russian Federation);

2) executive (Government of the Russian Federation);

3) judicial (Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, federal courts of general jurisdiction, etc.).

The President of the Russian Federation is the head of state and does not belong to any of the branches of power, but his powers are closest to the executive.

The head of state in the Russian Federation is, as it were, a counterbalance between the legislative and executive branches. It restrains the Federal Assembly of the Russian Federation through the use of conciliatory and coercive measures if it expressed no confidence in the Government of the Russian Federation, in turn, the Federal Assembly has the right to remove the President of the Russian Federation from his post if the policy dictated by him to the Government of the Russian Federation does not meet the interests of Russia and is criminal.

The separation of powers means the differentiation of authorities in their competence, but exists in the conditions of a single system of authorities and in the presence of interaction between these bodies, mutual control, "checks and balances".

Therefore, one can single out separation of powers:

1) autonomy and independence of the branches of government in the exercise of their powers established by the Constitution of the Russian Federation;

2) the presence of interaction and mutual control of the legislative, executive and judicial authorities.

Government interaction:

1) the legislative branch issues laws on the basis of which the executive and judicial authorities act, exercises budgetary control, appoints or approves officials of the executive and judicial authorities;

2) the executive (represented by the President of the Russian Federation) approves and publishes adopted laws, submits draft laws to parliament, appoints judges, exercises the right of pardon, etc., thereby influencing the legislative and judicial authorities;

3) the judiciary applies laws and interprets the Constitution of the Russian Federation, can recognize laws, government acts or their individual regulations as invalid due to their inconsistency with the Constitution or laws, thus exercising control over decisions made by government bodies.

Each of the branches of power is independent and independent within its competence, but cannot interfere in the activities of another government, that is, it has no right to violate the independence and independence of other authorities.

The unity of state power is expressed in the unity of the nature of power: all branches receive their powers only from the people of Russia, since only they are the only bearer of state power in the Russian Federation.

The unity of public authorities also implies that their competence, formation procedure, forms of mutual control and interaction are established by the Constitution of the Russian Federation, federal constitutional and federal laws. Competence, formation procedure, etc., are established for all levels of government: federal and subjects of the Russian Federation.

61. THE PRESIDENT OF THE RUSSIAN FEDERATION AS THE HEAD OF STATE, MAIN ACTIVITIES

The President of the Russian Federation is the head of the Russian state. He represents the Russian state in relations with foreign states and constituent entities of the Russian Federation.

The President of the Russian Federation is elected by universal, equal and secret ballot. The term of office of the President of the Russian Federation is 4 years. The same person cannot be elected for more than 2 terms in a row.

A citizen of the Russian Federation who has reached the age of 35 and has been permanently residing in the territory of the Russian Federation for at least 10 years, in favor of whom the majority of citizens of the Russian Federation who have reached the age of voting right voted in the election of the President of Russia, may be elected President of the Russian Federation.

A citizen of the Russian Federation, in respect of whom a court verdict on depriving him of the right to hold public office for a certain period, has entered into force, if such punishment is provided for by federal law, or who is limited in capacity (deprived of it) by a legal force of a court decision.

The President of the Russian Federation has presidential immunity, i.e. in relation to the Head of the Russian state the following are not allowed:

1) arrest;

2) personal search;

3) search;

4) other operational measures, the use of which is limited by federal laws.

The application of these measures to the President of the Russian Federation is possible only in exceptional cases, for example, detention at the scene of a crime, personal search, if necessary for the safety of the population (FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation" (as amended from February 12, August 4, 2001, July 9, 25, 2002, January 10, June 30, December 23, 2003)).

All activities President of the Russian Federation:

1) The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, by virtue of this he is endowed with the unlimited right of legislative initiative, as well as the right of veto in relation to federal laws adopted by the State Duma if he believes that the newly adopted law does not comply with the Constitution of the Russian Federation, its principles and essence ;

2) The President of the Russian Federation guarantees compliance with the constitutional rights and freedoms of man and citizen in the Russian Federation;

3) The President of the Russian Federation is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, therefore he has the right to appoint and recall senior officials of the Armed Forces of the Russian Federation, diplomatic representatives of the Russian Federation in foreign states and international organizations, accept credentials and letters of recall of diplomatic representatives accredited to him, award state awards and carry out other functions due to his special position as head of state;

4) The President of the Russian Federation ensures the sovereignty of the Russian Federation, its independence and state integrity, in connection with which he has the right to independently make operational decisions caused by extraordinary circumstances, to introduce a state of war or a state of emergency on the territory of the Russian Federation and in its regions.

The President of the Russian Federation does not belong to any of the branches of power, he is, as it were, a "balance" in their relationship, helps to find a compromise in the event of a dispute and determines the main directions of the state policy of the Russian Federation.

The President of the Russian Federation is obliged to comply with the Constitution of the Russian Federation, federal constitutional and federal laws.

62. ELECTION OF THE PRESIDENT OF THE RUSSIAN FEDERATION

Elections of the President of the Russian Federation are regulated by the Constitution of the Russian Federation, Federal Law No. 10-FZ of January 2003, 19 "On the Election of the President of the Russian Federation" and Federal Law No. 12-FZ of June 2002, 67 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens Russian Federation".

The President of the Russian Federation is elected by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage by secret ballot. The right to elect the President of the Russian Federation belongs to every citizen of the Russian Federation who has reached the age of 18 on the voting day, unless this right is restricted by law.

Candidate in the presidential elections maybe a citizen of the Russian Federation who has reached the age of 35 and has been permanently residing in the Russian Federation for at least 10 years.

A person recognized by a court as legally incompetent or held in places of deprivation of liberty by a court verdict does not have the right to elect the President of the Russian Federation and be elected President of the Russian Federation, to participate in other electoral actions. A candidate for the President of the Russian Federation cannot be a citizen of the Russian Federation, in respect of whom a court sentence has entered into force depriving him of the right to hold public office for a certain period, if such punishment is provided for by federal law.

Presidential elections in the Russian Federation are held at least once every 1 years, unless special elections are scheduled. Elections of the President of the Russian Federation are appointed by the Federation Council of the Federal Assembly. The decision to call elections is made within 4-100 days before voting day. This decision must be published in the media no later than 90 days from the date of its adoption. From this moment begins the registration of candidates for the post of President of the Russian Federation.

Happy voting in the elections of the President of the Russian Federation is the second Sunday of the month in which voting was held in the previous general elections of the President of the Russian Federation.

Elections of the President of the Russian Federation may be held ahead of schedule in the event of the resignation of the President of the Russian Federation, a persistent inability for health reasons to exercise his powers, or removal from his post before the expiration of his term of office.

Voting in the elections of the President of the Russian Federation is carried out by citizens at the place of permanent residence, where information about voters is entered into special lists. If a voter is not able to vote in the respective polling station on the voting day, he/she must receive an absentee certificate.

Territorial and precinct election commissions are obliged to notify voters of the day, time and place of voting in the elections of the President of the Russian Federation no later than 20 days before voting day through the mass media or in any other way, and in case of early voting - no later than 5 days before voting day. early voting.

Vote in the elections of the President of the Russian Federation is held from 8 am to 20 pm local time. It is carried out by citizens personally in a special closed room by marking on the ballot.

Vote Counting voting begins immediately after the end of voting and is carried out without interruption until the establishment of the voting results.

The counting of votes is conducted openly and publicly.

All members of the precinct election commission and persons present at the counting of votes shall be notified of the results of the count.

63. POWERS OF THE PRESIDENT OF THE RUSSIAN FEDERATION

Basic powers President of the Russian Federation:

1) appointment, with the consent of the State Duma, of the Chairman of the Government of the Russian Federation, other members of the Government of the Russian Federation, the direction of its policy and the adoption of a decision on the resignation of the Government of the Russian Federation;

2) presenting to the State Duma a candidacy for the post of Chairman of the Central Bank of the Russian Federation, resolving before it the issue of dismissal of the Chairman of the Central Bank of the Russian Federation;

3) presenting to the Federation Council candidates for appointment to the positions of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as the candidacy of the Prosecutor General of the Russian Federation, submitting to the Federation Council a proposal for his dismissal from office;

4) appointment of judges of federal courts;

5) formation of the Security Council of the Russian Federation and its leadership;

6) approval of the military doctrine of the Russian Federation;

7) formation of the Administration of the President of the Russian Federation;

8) appointment and dismissal of authorized representatives of the President of the Russian Federation;

9) appointment and dismissal of the highest command of the Armed Forces of the Russian Federation;

10) appointment and recall of diplomatic representatives of the Russian Federation in foreign states and international organizations;

11) calling elections to the State Duma;

12) dissolution of the State Duma in cases and in the manner provided for by the Constitution of the Russian Federation;

13) setting the date of the referendum in the manner established by federal constitutional law;

14) introducing bills to the State Duma;

15) signing and promulgation of federal laws;

16) appeal to the Federal Assembly with annual messages on the situation in the country, on the main directions of the domestic and foreign policy of the state;

17) resolving issues of Russian citizenship and granting political asylum;

18) awarding state awards of the Russian Federation and conferring honorary titles of the Russian Federation, highest military and highest special ranks;

19) pardon;

20) management of the foreign policy of the Russian Federation, participation in international relations with heads of foreign states;

21) negotiating and signing international treaties of the Russian Federation;

22) signing of instruments of ratification;

23) acceptance of credentials and letters of recall of diplomatic representatives accredited to him.

In the field of political relations President of the Russian Federation:

1) determines the main directions of the domestic and foreign policy of the Russian Federation;

2) represents the Russian Federation within the country and in international relations.

In the field of interaction with executive authorities President of the Russian Federation:

1) may use conciliation procedures to resolve disagreements between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation, as well as between government bodies of the constituent entities of the Russian Federation;

2) suspend the action of acts of executive authorities of constituent entities of the Russian Federation in case of their contradiction to constitutional norms and federal laws, as well as international obligations of the Russian Federation or in case of violation of human and civil rights and freedoms until this issue is resolved by the appropriate court;

3) submit a candidacy for the Chairman of the Government of the Russian Federation for approval by the Federal Assembly, independently appoint other officials of the Government of the Russian Federation, etc.

64. TERMINATION OF THE POWERS OF THE PRESIDENT OF THE RUSSIAN FEDERATION AND GUARANTEES TO THE PRESIDENT OF THE RUSSIAN FEDERATION THAT TERMINATED THE EXERCISION OF HIS POWERS

The powers of the President of the Russian Federation are terminated in cases of:

1) expiration of the term of office;

2) resignation of the President of the Russian Federation due to the inability to exercise his powers for health reasons;

3) death of the President of the Russian Federation;

4) removal of the President from office by the Federal Assembly of the Russian Federation in the prescribed manner.

With the expiration of the term of office, new elections of the President of the Russian Federation are scheduled. This is the most natural way to terminate the powers of the President of the Russian Federation.

Even during the exercise of powers by the current President of the Russian Federation, elections of a new President of the Russian Federation are appointed and held. With his entry into office, the moment of the end of the powers of the former President of the Russian Federation is associated.

end moment term of office of the President of the Russian Federation, the moment of taking the oath by the newly elected President of the Russian Federation is recognized.

The voluntary resignation of the President of the Russian Federation is possible due to the difficult physical condition of the Head of State. In this case, the President of the Russian Federation notifies the population of the country in advance of his resignation.

The dismissal of the President of the Russian Federation from his position is carried out in accordance with the procedure strictly established by federal law.

The decision to dismiss the President of the Russian Federation is made by the Federation Council of the Federal Assembly of the Russian Federation with 2/3 of the votes of the total number of members of the chamber of the Federal Assembly. The Federation Council must take this decision within 3 months from the day the State Duma charges against the President of the Russian Federation. If within this period the decision of the Federation Council is not adopted, the accusation against the President of the Russian Federation is considered dismissed.

The question of the removal of the President of the Russian Federation from office is submitted for discussion by the Federation Council on the basis of an accusation brought by the State Duma of high treason or the commission of another serious crime.

The accusation of the State Duma against the President of the Russian Federation is brought forward in the presence of the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation and the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges on the basis of the initiative of at least 1/3 of the total number of deputies of the State Duma.

The decision of the State Duma to bring charges against the President of the Russian Federation is adopted by 2/3 of the votes of the total number of deputies of the State Duma of the Russian Federation.

In all cases of termination of powers (except for cases of removal from office for committing high treason or another serious crime), the former President of the Russian Federation is guaranteed:

1) immunity for opinions and actions expressed in connection with the duties performed as President of the Russian Federation, unless they contain insult or other elements of a crime;

2) payment of the established pension to the President in an amount corresponding to his position;

3) preservation of all his personal property, with the exception of those provided to him in connection with and for the term of execution of the powers of the President of the Russian Federation;

4) other rights established by federal legislation.

In the event of the death of the President of the Russian Federation, his family and relatives are guaranteed the payment of appropriate benefits and pensions, as well as the preservation of all property, with the exception of that provided to the President of the Russian Federation for the exercise of powers and for their term.

65. BODIES UNDER THE PRESIDENT OF THE RUSSIAN FEDERATION. ADMINISTRATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION. RF SECURITY COUNCIL

The President of the Russian Federation, in order to exercise his powers, creates special bodies, engaged in the execution of orders and decrees of the President of the Russian Federation and exercising special powers. These primarily include:

1) Administration of the President of the Russian Federation;

2) Security Council of the Russian Federation.

The procedure for the formation and competence of the Administration of the President of the Russian Federation is established by Decree of the President of the Russian Federation of March 25, 2004 No. 400 "On the Administration of the President of the Russian Federation".

These bodies carry out their direct duties, and also execute decrees of the President of the Russian Federation. They are directly accountable to the Head of the Russian Federation.

Administration of the President of the Russian Federation - This is a state body, it ensures the activities of the President of the Russian Federation and exercises control over the execution of decisions of the President of the Russian Federation.

Administration structure President of the Russian Federation:

1) head of the Administration of the President of the Russian Federation;

2) two deputy heads of the Administration of the President of the Russian Federation;

3) assistants to the President of the Russian Federation;

4) press secretary of the President of the Russian Federation;

5) head of the protocol of the President of the Russian Federation;

6) authorized representatives of the President of the Russian Federation in federal districts;

7) advisers to the President of the Russian Federation;

8) authorized representatives of the President of the Russian Federation in the chambers of the Federal Assembly of the Russian Federation, the Constitutional Court of the Russian Federation;

9) senior referents;

10) referents of the President of the Russian Federation;

11) other officials.

The structure of the Administration of the President of the Russian Federation includes independent units, which in turn are subdivided into departments.

The Presidential Administration and its structural subdivisions report directly to the President of the Russian Federation and the head of the Administration.

Decree of the President of the Russian Federation of March 28, 1998 No. 294 "On the apparatus of the Security Council of the Russian Federation" (as amended on March 15, 1999, May 31, December 28, 2000, June 19, 2001, April 30, November 25, 2003 d) an independent body under the President of the Russian Federation, the Security Council of the Russian Federation, was established.

В structure of the Security Council includes:

1) Secretary of the Security Council of the Russian Federation;

2) his 8 deputies (2 of them are first deputies).

The President of the Russian Federation forms the apparatus of the Council in the Security Council of the Russian Federation. The Office of the Security Council of the Russian Federation is part of the Administration of the President of the Russian Federation and has the status of the Main Directorate of the President of the Russian Federation.

85 servicemen and commanding officers of the internal affairs bodies of the Russian Federation are seconded to the apparatus of the Security Council within the established staffing.

The Office of the Security Council is engaged in organizational, technical, information and analytical support for the activities of the Security Council of the Russian Federation in the implementation of its powers in the field of security of the individual, society and the state.

It is administered by the Secretary of the Security Council. He is appointed and dismissed by the President of the Russian Federation. The Secretary of the Security Council has 2 First Deputies and Deputy Secretaries of the Security Council. He submits to the President of the Russian Federation for approval the structure of the apparatus of the Security Council, previously agreed with the head of the Administration of the President of the Russian Federation. The staff list of the Security Council apparatus is approved by the head of the Presidential Administration of the Russian Federation on the proposal of the Secretary of the Security Council.

66. STATE COUNCIL OF THE RUSSIAN FEDERATION. INSTITUTE OF AUTHORIZED REPRESENTATIVES OF THE PRESIDENT OF THE RUSSIAN FEDERATION

State Council of the Russian Federation - this is an advisory body created under the President of the Russian Federation in order to exercise the powers of the head of state on issues of ensuring the coordinated functioning and interaction of state authorities.

The activities of the State Council of the Russian Federation are regulated by the Regulations on the State Council of the Russian Federation (approved by Decree of the President of the Russian Federation of September 1, 2000 No. 1602).

The State Council includes:

1) Chairman of the State Council (he is the President of the Russian Federation);

2) members of the State Council (these are senior officials or heads of the highest executive bodies of state power of the constituent entities of the Russian Federation).

The work of the State Council is carried out on a voluntary basis, that is, the activities of officials for work in this State Council are not paid.

As part of the State Council, a presidium is formed to resolve operational issues, which includes 7 members of the State Council. The composition of the presidium is determined by the President of the Russian Federation and is replaced once every six months.

The powers of the Presidium of the State Council include consideration of the work plan of the State Council, the agenda of its next meeting, analysis of the implementation of the work plan of the State Council and its decisions. Meetings of the Presidium of the State Council are held at least once a month. If necessary, extraordinary meetings of the Council of State may be held.

The State Council and its presidium within their structure may create permanent and temporary working groups to prepare issues submitted to the meeting of the State Council. These groups can attract scientists and specialists for the implementation of certain works, both on a paid basis and on a voluntary basis.

Organization of the activities of the State Council is carried out by special divisions of the Administration of the President of the Russian Federation and the Administration of the President of the Russian Federation.

Plenipotentiaries of the President of the Russian Federation - these are officials specially authorized by the Head of the Russian Federation, included in the structure of the Administration of the President of the Russian Federation.

Plenipotentiary representatives of the President of the Russian Federation may be:

1) in federal districts (their activities are coordinated by the head of the Administration of the President of the Russian Federation);

2) in the State Duma (the activities of these representatives are coordinated by the Deputy Head of the Administration of the President of the Russian Federation - Assistant to the President of the Russian Federation);

3) in the Federation Council (they are directed by the Deputy Head of the Administration of the President of the Russian Federation - Assistant to the President of the Russian Federation);

4) in the Constitutional Court of the Russian Federation (the activities of these representatives of the President of the Russian Federation are also carried out by the Deputy Head of the Administration of the President of the Russian Federation - Assistant to the President of the Russian Federation).

Plenipotentiary representatives of the President of the Russian Federation in the chambers of the Federal Assembly and the Constitutional Court monitor the activities of the relevant bodies, attend their meetings, prepare and send reports on their work to the President of the Russian Federation, and exercise other powers.

Plenipotentiary representatives of the President of the Russian Federation in the federal districts control the activities of the authorities of the constituent entities of the Russian Federation and inform the President of the Russian Federation about it.

67. ACTS OF THE PRESIDENT OF THE RUSSIAN FEDERATION: PROCEDURE FOR PUBLICATION AND ENTRY INTO FORCE

The President of the Russian Federation, on matters within his jurisdiction, adopts the following regulations:

1) decrees of the President of the Russian Federation are normative legal acts issued on issues of appointment and dismissal of heads of federal executive authorities, citizenship, granting political asylum, awards, pardons, etc.;

2) orders of the President of the Russian Federation are acts of an individual nature, issued in relation to specific or specific persons, i.e. on operational, organizational and personnel issues, as well as on the work of the Administration of the President of the Russian Federation.

Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation, federal constitutional and federal laws.

They are wearing domineering, direct character and obligatory throughout the territory of the Russian Federation for all subjects of legal relations.

Decrees and orders have less legal force than the laws of the Russian Federation and regulate relations in the organization and functioning of the executive power in the Russian Federation. The main difference between the decrees and orders of the President of the Russian Federation lies in the subject of regulation of the act: the decree - on the appointment of persons, citizenship, pardon, etc., and the order - on operational issues. Acts of the President of the Russian Federation are issued by him independently and do not have to be approved in the Federal Assembly, ratified or otherwise approved in the constituent entities of the Russian Federation. They can be supplemented, changed or invalidated only by the President of the Russian Federation.

Decrees of the President of the Russian Federation are subject to mandatory official publication. Acts of the President of the Russian Federation are not subject to official publication if they contain information constituting a state secret or information of a confidential nature.

Official publication - this is the publication of the text of the decrees of the President of the Russian Federation in the edition signed by the Head of State in Rossiyskaya Gazeta and the Collection of Legislation of the Russian Federation. Acts of the President of the Russian Federation may be published in other printed publications or made public on television and radio, distributed by mail to state bodies, local governments, officials, enterprises, institutions, organizations.

The texts of acts of the President of the Russian Federation are published within 10 days from the date of their signing.

Decrees of the President of the Russian Federation come into force 7 days after the day of their first official publication. If acts of the President of the Russian Federation are not subject to official publication, then they come into force from the date of their signing or at another time, if it is established by the President of the Russian Federation.

Control over the execution of decrees of the President of the Russian Federation by federal executive authorities and executive authorities of the constituent entities of the Russian Federation is exercised by the Government of the Russian Federation in accordance with the Federal Law "On the Government of the Russian Federation".

Decrees and orders of the President of the Russian Federation on matters within the jurisdiction of the Russian Federation or joint jurisdiction of the Russian Federation and its subjects may be recognized by the Constitutional Court of the Russian Federation as inconsistent with the Constitution of the Russian Federation. In this case, these acts cease to have effect, and the acts adopted on the basis of this unconstitutional act of the President of the Russian Federation also cease to have effect.

Acts of the President of the Russian Federation on complaints from citizens and non-normative acts of the President of the Russian Federation are not subject to verification by the Constitutional Court.

68. CONSTITUTIONAL AND LEGAL STATUS OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION

The supreme legislative power in the state is exercised by the parliament.

Parliament - This is a representative body of the country, endowed with the authority to exercise legislative power in the state and personifying it.

Parliament of the Russian Federation - this is the Federal Assembly of the Russian Federation, it is the highest representative and legislative body of the Russian Federation (Article 94 of the Constitution of the Russian Federation). The Federal Assembly exercises legislative power in the Russian Federation independently of other state authorities of the Russian Federation.

The Federal Assembly consists of two chambers:

1) the Federation Council (it includes 2 representatives from each constituent entity of the Russian Federation: one is a representative of the legislative branch of the constituent entity of the Russian Federation, and the other is a representative of the executive branch);

2) the State Duma (deputies are elected to its composition by universal open voting).

Members of the Federation Council and deputies of the State Duma have a special status of representatives of the people.

Principles their activities:

1) the principle of “imperative mandate” (i.e., the obligation to carry out the orders of voters and reporting to them);

2) the principle of “free mandate” (i.e. free expression of one’s will without influence from any authority or official).

Features of the Federal Assembly of the Russian Federation:

1) The Federal Assembly is a collegial body consisting of representatives of the population;

2) this is the highest legislative body in the Russian Federation, i.e. acts of the Federal Assembly and the laws adopted by it must comply only with the Constitution of the Russian Federation, but in relation to all other normative acts these acts have the highest legal force.

Business principles Federal Assembly of the Russian Federation:

1) the procedure for the formation and competence of the chambers of the Federal Assembly are established by the Constitution of the Russian Federation;

2) The Federal Assembly is a representative of the people of Russia and defends their interests;

3) The Federal Assembly is the only body with the right to adopt the state budget and control its implementation;

4) elections of the President of the Russian Federation are appointed by the Federal Assembly.

The main function of the Federal Assembly is the adoption (by the lower house) and approval (by the upper house) of federal constitutional and federal laws.

The Federal Assembly of the Russian Federation carries out:

1) disposal of federal funds from the state treasury (adopts the federal budget and exercises control over its implementation);

2) control over the executive branch.

The powers of the Federal Assembly include the procedure for removing the President of the Russian Federation from office on the basis of the conclusion of the Prosecutor General of the Russian Federation on the presence of corpus delicti in the actions of the President of the Russian Federation and the procedure for announcing a "vote of no confidence" in the Government of the Russian Federation, as well as control over the judiciary by giving consent to the appointment of judges of the highest state Russian courts.

The Federal Assembly is independent in the exercise of its powers, but its lower house (State Duma of the Russian Federation) can be dissolved by the President of the Russian Federation in cases of:

1) three times disapproval by the Federal Assembly of the candidacy of the Chairman of the Government of the Russian Federation proposed by the President of the Russian Federation;

2) announcing a “vote of no confidence” in the Government of the Russian Federation, with which the President of the Russian Federation twice disagreed.

69. STRUCTURE AND COMPETENCE OF THE STATE DUMA OF THE RUSSIAN FEDERATION

The State Duma of the Russian Federation consists of 450 deputies (Article 95 of the Constitution of the Russian Federation), of which 225 deputies receive deputy mandates based on the number of votes cast for the party list, which includes the candidate, in proportion to the number of votes cast for the party. Parties for which at least 7% of the voters who took part in the elections voted are allowed to distribute deputy mandates.

The remaining 225 seats are filled directly by those candidates who received the majority of votes in a single-mandate constituency.

Deputies of the State Duma work on a professional basis and cannot hold public office, engage in other paid activities, except for teaching, scientific and other creative activities.

Structure of the State Duma includes:

1) the Chairman of the State Duma, his first deputies and deputies (they are elected from among the deputies of the State Duma at the first meeting of the State Duma);

2) Council of the State Duma (carries out the main current work of the State Duma);

3) deputy associations (factions and deputy groups);

4) committees and commissions (they are created to solve specific problems of the State Duma).

Chairman State Duma:

1) conducts meetings of the chamber;

2) is in charge of internal regulations of the chamber;

3) organizes the work of the State Duma;

4) represents the chamber in relations with the Russian Federation, foreign states, government bodies and officials;

5) exercises other organizational powers.

The Chairman of the State Duma and his deputies are members of the Council of the State Duma and have the right of a decisive vote in the adoption of a decision by the Council.

The Council of the State Duma carries out preliminary preparation and consideration of organizational issues of the activities of the chamber, and also prepares draft laws for discussion at a meeting of the chamber.

All deputy associations have equal rights. They are created in order to defend the interests of the party and, as a rule, are represented by its members.

Deputies' associations have the right to make decisions on the issues under discussion at their meetings, deputies inform the Chairman and the Council of the State Duma about these decisions. Such decisions are advisory in nature. Deputy associations, the number of which is more than 50 people, are subject to state registration in accordance with the procedure established by federal laws.

Main function State Duma of the Russian Federation - discussion and adoption of federal constitutional and federal laws.

Other authority State Duma (Article 103 of the Constitution of the Russian Federation):

1) introduction by the Duma or its deputies of bills for discussion by the chamber;

2) consideration of the candidacy of the Chairman of the Government of the Russian Federation proposed by the President of the Russian Federation;

3) resolving the issue of trust in the Government of the Russian Federation;

4) the appointment and dismissal of the Chairman of the Central Bank of the Russian Federation, the Chairman of the Accounts Chamber and half of its auditors, the Commissioner for Human Rights;

5) announcement of amnesty;

6) bringing charges against the President of the Russian Federation for his removal from office.

70. ORDER OF WORK OF THE STATE DUMA OF THE RUSSIAN FEDERATION

The procedure for the activities of the State Duma of the Federal Assembly of the Russian Federation is determined by the Constitution of the Russian Federation, federal constitutional and federal laws and the Regulations of the Chamber.

Basic principles organization of activities of the State Duma:

1) political diversity of parliamentary groups and multi-party system;

2) free discussion and collective resolution of the assigned tasks.

The State Duma works during periods sessions:

1) spring (from January 12 to June 20);

2) autumn (from September 1 to December 25).

Session of the State Duma - this is the period during which the work of the lower house of the Federal Assembly is carried out, meetings of the chamber, committees of the State Duma, its Council are convened, parliamentary hearings are held, parliamentary factions, committees, working groups work.

The State Duma of the new convocation gathers for the first session on the 30th day after the elections. The President of the Russian Federation may convene the deputies for the first meeting before this date. The first meeting is always opened by the oldest of the deputies.

According to the Regulations of the State Duma, subsequent meetings of the chamber are opened by the chairman of the State Duma.

At their first meeting of the State Duma, deputies elect Chamber bodies:

1) Chairman of the State Duma;

2) Counting commission;

3) Temporary Commission on the Rules and Organization of the Work of the State Duma;

4) Interim Secretariat. These decisions of the State Duma are formalized regulations.

Sessions of the lower house of the Federal Assembly of the Russian Federation are held openly and are covered in the mass media, except for the cases established by the Rules of Procedure of the State Duma, or in the event of a decision to hold a closed session by a majority of votes from the number of deputies present at the session. The President of the Russian Federation, the Chairman and members of the Federation Council, the Chairman of the Government of the Russian Federation and its members, as well as other persons listed in the Regulations of the State Duma, may attend closed meetings.

Meetings of the State Duma are held separately from meetings of the upper house of the Federal Assembly, however, members of the Federation Council may attend meetings of the State Duma.

Decisions at meetings of the State Duma are made by voting (open or secret) at the rate of one vote per deputy. Voting can be secret and open (by direct voting). Each deputy votes independently, the governing bodies of political parties cannot force their members to vote for this or that decision.

A session of the lower house of the Federal Assembly is competent if it is attended by a majority of the total number of deputies (ie, 226 deputies or more).

At meetings of the State Duma the following are held:

1) minutes (they are signed by the chairman of the meeting);

2) transcripts (they are subject to official publication, with the exception of transcripts of closed meetings).

The regulations of the State Duma establish periods for the work of deputies with voters - every last week of the month.

The activity of the State Duma ends from the moment the work of the State Duma of a new convocation begins (its first meeting).

71. PROCEDURE FOR FORMING THE COUNCIL OF THE FEDERATION OF THE RUSSIAN FEDERATION

The Federation Council of the Federal Assembly of the Russian Federation includes 2 representatives from each constituent entity of the Russian Federation, so the total number of members of the Federation Council should be 178, but this number is not fixed by law.

The Federation Council of the Federal Assembly of the Russian Federation is formed according to the principle of parity representation of the constituent entities of the Russian Federation, according to which representation in the Federation Council is the right of every subject of the Russian Federation, none of which can be deprived of this right.

The Federation Council includes one representative each from the legislative (representative) and executive bodies of state power of a constituent entity of the Russian Federation.

A representative from the legislative (representative) body of state power of a constituent entity of the Russian Federation may be elected by the relevant body of state power of a constituent entity of the Russian Federation for the term of office of this body, and if the legislative (representative) body of state power of a constituent entity of the Russian Federation is bicameral, then elected in turn from each chamber for half the term of office of the relevant chamber.

The decision of the legislative (representative) body of state power of a constituent entity of the Russian Federation to elect a representative to the Federation Council is taken by secret ballot and formalized by a resolution of the relevant body. It takes effect immediately.

A representative of the executive body of state power of a subject of the Russian Federation is a person appointed by the highest official of a subject of the Russian Federation (head of the highest executive body of a subject of the Russian Federation) for the term of his powers.

The decision of the highest official of a constituent entity of the Russian Federation on the appointment of a representative from the executive body of state power of a constituent entity of the Russian Federation is formalized by a decree (decree) of the highest official of a constituent entity of the Russian Federation, which must be sent within 3 days to the legislative (representative) body of state power of a constituent entity of the Russian Federation.

The decree of the highest official of the subject of the Russian Federation on the appointment of a representative in the Federation Council from the executive body of state power of the subject of the Russian Federation enters into force after approval by the legislative (representative) body of state power of the relevant subject of the Russian Federation, if at its meeting on the consideration of this decree, it did not vote against its approval 2 /3 or more of the total number of deputies.

Member of the Federation Council may be elected (appointed) a citizen of the Russian Federation not younger than 30 years old, who, in accordance with the Constitution of the Russian Federation, has the right to elect and be elected to state authorities, i.e. persons recognized as incompetent, engaged in any other activity, cannot be members of the Federation Council, except services in a government body serving a criminal sentence of imprisonment (Article 1 of the Federal Law of August 5, 2000 No. 113-FZ "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation").

The resolution of the legislative (representative) body of state power of a constituent entity of the Russian Federation on the election and the Decree of the highest official of the constituent entity of the Russian Federation (the head of the highest executive authority of the constituent entity of the Russian Federation) on the appointment of representatives of the constituent entity of the Russian Federation in the Federation Council are sent to the Federation Council by the bodies that adopted them no later than 5 days after entry into the Federation Council. the force of those decisions.

72. STRUCTURE AND COMPETENCE OF THE COUNCIL OF THE FEDERATION OF THE RUSSIAN FEDERATION

Structure of the Federation Council includes 2 representatives from each subject of the Russian Federation: one from the representative and executive bodies of state power (Article 95 of the Constitution of the Russian Federation).

Term of office representatives of the constituent entities of the Russian Federation in the Federal Assembly is not established by law, they are constantly reappointed by the highest officials of the relevant constituent entities of the Russian Federation, therefore this term, as a rule, is equal to the term of office of the head of the represented constituent entity of the Russian Federation.

Since the Federation Council does not have a clearly defined number of members, the composition of the Federation Council is flexible and new representatives of the authorities of the constituent entities of the Russian Federation are constantly appointed.

Structure of the Federation Council:

1) Chairman of the Federation Council and his deputies (they are elected by members of the chamber and cannot represent the same subject of the Russian Federation);

2) committees of the Federation Council on certain issues of the activities of the Federation Council (their number cannot be less than 10 people, and all members of the chamber must be included in one of the committees);

3) permanent (on regulations and parliamentary procedures) and temporary (on any particularly significant issue or event) commissions. The Chairman of the Federation Council conducts meetings of the chamber of the Federal Assembly and manages the internal regulations, as well as sends bills to the State Duma and carries out the representative functions of the chamber in relations with other authorities of the Russian Federation and foreign countries.

Competence - this is the scope of powers of state bodies and officials established by the Constitution of the Russian Federation and federal laws.

Competence of the Federation Council of the Russian Federation - this is the scope of powers and duties established by the Constitution of the Russian Federation.

The Federation Council is the upper house of the Federal Assembly of the Russian Federation, therefore its main function is the approval (disapproval) of federal laws adopted by the State Duma.

Other authority Federation Council of the Federal Assembly of the Russian Federation:

1) appointment and dismissal of higher state officials: judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Prosecutor General of the Russian Federation, as well as the Chairman of the Accounts Chamber, etc.;

2) resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside its borders;

3) approval of Decrees of the President of the Russian Federation on the introduction of a state of emergency and martial law on the territory of the Russian Federation;

4) approval of changes in the boundaries of constituent entities of the Russian Federation;

5) introducing bills or amendments to laws to the State Duma of the Russian Federation;

6) calling elections for the President of the Russian Federation;

7) removal of the President of the Russian Federation from office.

According to Art. 106 of the Constitution of the Russian Federation Federation Council necessarily considers and makes a decision on approval (disapproval) newly adopted federal laws on the following issues:

1) federal budget;

2) federal taxes and fees;

3) financial, currency, credit, customs regulation, money issue;

4) ratification and denunciation of international treaties of the Russian Federation;

5) status and protection of the state border of the Russian Federation;

6) war and peace.

All decisions on issues within the competence of the Federation Council are taken at meetings of the chamber and within its working committees and groups.

73. ORDER OF WORK OF THE COUNCIL OF THE FEDERATION OF THE FA OF THE RUSSIAN FEDERATION

Council of the Federation is currently permanent body of power, while earlier it met periodically to solve its immediate problems. Therefore, the Federation Council today includes not the highest officials of the constituent entities of the Russian Federation, but their authorized representatives.

The direct work of the upper house of the Federal Assembly of the Russian Federation is carried out during periods sessions (from October 1 to July 31 of each year) with breaks for parliamentary recess.

In the work of the Federation Council, there are also breaks in the sessions of the chamber, which are procedural breaks in work due to the need for rest of parliamentarians or the elimination of obstacles in work (shortcomings, ambiguities in the issues raised at the meeting). In this case, the work of the chamber of the Federal Assembly is considered ongoing and uninterrupted.

The procedure for the activities of the Federation Council, its bodies and officials is determined by the Constitution of the Russian Federation, federal laws, its Regulations and decisions.

Meetings Federation Council always open, with the exception of cases provided for by the Rules of the House, when closed meetings may be held.

They always pass separate from the lower house of the Federal Assembly, with the exception of hearing messages from the President of the Russian Federation and the Constitutional Court of the Russian Federation, as well as speeches by heads of foreign states. In these cases, the work of the chambers of the Federal Assembly of the Russian Federation is carried out within the framework of a joint session.

Federation Council meetings competent, if they are attended by more than half of the members of the chamber from the total number of members of the chamber.

The Federation Council makes decisions at a general meeting of the chamber by direct secret or open voting on each issue submitted for discussion. However, the main work on preparing issues for discussion in the Federation Council is carried out by special committees, for example, on the consideration of a federal law newly adopted by the State Duma.

All direct work of the Federation Council of the Russian Federation is carried out within the framework of the meetings of the chamber and the work of specially formed in its composition working groups.

A special procedure is provided for such activities as approval of federal lawsadopted by the State Duma.

The Federation Council must express its approval by a special resolution within 14 days from the date of receipt of the federal law by the Council, or express its disapproval within the same period. If such disapproval is not expressed within a 14-day period, then the Federation Council is considered to have expressed its tacit consent.

The responsible committee of the Federation Council must prepare and submit accompanying documents for discussion within 14 days from the day the federal law is received by the Federation Council. If the responsible committee has not prepared the relevant documents, the Federation Council immediately sends the federal law for signing to the President of the Russian Federation, thus ensuring the speedy adoption of the federal law. For the same purposes, the deadline for sending a resolution of the Federation Council to the State Duma on the rejection of an incoming federal law or on its approval is 5 days.

74. STATUS OF A DEPUTY OF THE STATE DUMA AND A MEMBER OF THE COUNCIL OF THE FEDERATION OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION

The status of parliamentarians is characterized by their inviolability during the entire term of exercising powers, i.e., the inadmissibility of certain actions by the authorities in relation to these persons.

The following cannot be applied to parliamentarians:

1) personal search;

2) detention;

3) arrest (detention);

4) search as a criminal and administrative procedural measure.

Bringing parliamentarians to criminal or administrative liability for expressing an opinion or expressing a position when voting in the corresponding chamber of the Federal Assembly and other similar actions related to the exercise of their powers is not allowed if these actions did not have the character of an insult or did not contain a different offense.

Coercive measures may be applied to parliamentarians:

1) if a member of the Federation Council or a deputy of the State Duma is detained at the scene of a crime;

2) in cases where this is required by the security of the Russian Federation or other citizens.

Members of the Federation Council and deputies of the State Duma may be deprived of parliamentary immunity. This is possible if there is a decision of the relevant chamber of the Federal Assembly, made on the proposal of the Prosecutor General of the Russian Federation for the guilty behavior of a parliamentarian and adopted by a majority vote of the total number of parliamentarians of the chamber of the Federal Assembly.

Deputies of the State Duma and members of the Federal Assembly enjoy parliamentary immunity during their entire term of office.

Term of office of deputies of the State Duma of the Russian Federation begins on the day of their election and ends on the day the Duma of a new convocation begins its work, unless the term of office of the State Duma is terminated ahead of schedule in accordance with the procedure established by law.

The powers of a member of the Federation Council begin on the day the decision on his election (appointment) enters into force and terminate on the day the decision on the election (appointment) of a newly elected member of the Federation Council of the Russian Federation enters into force.

Early termination of powers parliamentarians are possible in the following cases:

1) filing a written application by a member of the Federation Council to resign his powers;

2) election of a member of the chamber of the Federal Assembly by an official whose powers are incompatible with the powers of a parliamentarian;

3) appointment of a member of the chamber of the Federal Assembly (or engagement in commercial activities) to a state or municipal service that is incompatible with membership in the Federal Assembly of the Russian Federation;

4) loss of citizenship of the Russian Federation or acquisition of citizenship of a foreign state;

5) entry into force of a court conviction against a member of the House of the Federal Assembly;

6) the entry into force of a court decision to limit the legal capacity of a member of the chamber of the Federal Assembly or to recognize him as incompetent;

7) death, recognition of a member of the chamber of the Federal Assembly as missing or declaring him dead on the basis of a court decision that has entered into legal force;

8) conscription of a member of the House of the Federal Assembly for military service with his consent;

9) early termination of the powers of the State Duma of the Russian Federation in the order of dissolution.

75. LEGISLATIVE PROCESS IN THE RUSSIAN FEDERATION: GENERAL CHARACTERISTICS

Legislative process in the Russian Federation - this is a set of certain actions of the Federal Assembly of the Russian Federation aimed at the adoption of regulatory legal acts.

Stages legislative process:

1) legislative initiative;

2) preliminary consideration of bills;

3) consideration of the bill in the State Duma;

4) adoption of the law;

5) consideration and approval of the law by the Federation Council;

6) signing by the President of the Russian Federation and promulgation of the law.

There is a special stage in the legislative process - overcoming disagreements between the Federation Council and the State Duma of the Russian Federation. This stage is not always present in the legislative process, but only in the event of such disagreements over the content of the text of the law.

The subjects listed in the Constitution of the Russian Federation have the right to initiate legislation. All subjects of legislative initiative in the Federal Assembly of the Russian Federation have the right to submit bills on issues within their jurisdiction, and within the limits of their competence. A bill is considered submitted to the State Duma from the date of its registration in the Documentation Support Department of the State Duma Staff, where an electronic registration card is created, which reflects all stages of the legislative process.

Preliminary consideration of the bill in the State Duma begins after 14 days. Preliminary consideration of the bill is carried out by a special committee for the consideration of the bill. At this stage, the bill must undergo legal examination.

After preliminary consideration, the bill is submitted to the Council of the State Duma for submission to the Duma no later than 14 days in advance.

Consideration of the bill can take place in three readings. The bill can be adopted in the first reading only if there are no disagreements on the text of the bill. Otherwise, a dispute resolution procedure must be carried out.

After passing through all conciliation procedures (or in their absence after the first reading), the bill must be adopted. Since then, the bill has been considered federal law.

A federal law adopted by the State Duma cannot be signed by the President of the Russian Federation and promulgated unless it has been approved by the Federation Council.

Federation Council approval may be expressed (in the form of a resolution of the Federation Council) and tacit (in the form of the absence of any answer to the draft law within 14 days from the date of its receipt for consideration by the Federation Council).

The signing and promulgation of a federal law adopted by the State Duma and approved by the Federation Council is carried out by the President of the Russian Federation within 14 days from the date of its receipt.

The President of the Russian Federation has suspensive veto in relation to federal laws that have come to him for signature. A suspensive veto means that the President of the Russian Federation does not have an absolute right to prevent the promulgation of "objectionable" federal laws, but a limited one, since the Federal Assembly can override the veto of the President of the Russian Federation in the prescribed form (in this case, the President is obliged to sign the law within 7 days).

76. RIGHT OF LEGISLATIVE INITIATIVE IN THE RF AND THE SUBJECTS OF THE RUSSIAN FEDERATION

Right of legislative initiative - this is the right of the subjects defined by the Constitution of the Russian Federation (the basic laws of the constituent entities of the Russian Federation) to submit their draft laws and legislative proposals for consideration by the State Duma of the Russian Federation (the legislative body of the constituent entities of the Russian Federation) in accordance with the procedure established by law.

Bill - this is a properly executed text (in the form of a finished document containing articles, chapters, etc.) of a possible future law.

A properly drafted bill must have the following:

1) an explanatory note to the bill, which indicates the subject of legislative regulation and sets out the concepts of the proposed bill;

2) the text of the bill indicating on the title page the subject of the law of legislative initiative who introduced the bill;

3) a list of acts of federal legislation that are subject to repeal, suspension, amendment, addition or adoption in connection with the adoption of this law;

4) financial and economic justification (all bills submitted to the State Duma of the Russian Federation must first be approved by the Government of the Russian Federation on the issue of the economic justification of the bill);

5) the conclusion of the Government of the Russian Federation in cases where bills of a financial nature are introduced (on the introduction or abolition of taxes, on exemption from their payment, on the issuance of government loans, on changes in the financial obligations of the state) or bills providing for budgetary expenditures.

Requirements for bills submitted for consideration by the legislative body of the subjects of the Russian Federation are established by the laws of the respective subjects of the Russian Federation.

bill proposal is an unfinished idea, a concept of a future law, which can be embodied in a bill already in the legislature itself, if it agrees with the bill proposal.

The same subjects of legislative initiative have the right to submit a law proposal as the right to submit bills for consideration by the State Duma.

Legislative initiative is the first stage of the legislative process in the Russian Federation. All bills and law proposals submitted by the eligible subjects as a legislative initiative must be considered at meetings of the State Duma of the Federal Assembly of the Russian Federation.

Subjectshaving the right legislative initiative to the Federal Assembly of the Russian Federation:

1) President of the Russian Federation;

2) the Federation Council and its members;

3) deputies of the State Duma of the Russian Federation;

4) the Government of the Russian Federation;

5) legislative (representative) bodies of the constituent entities of the Russian Federation;

6) the Constitutional Court of the Russian Federation;

7) the Supreme Court of the Russian Federation;

8) The Supreme Arbitration Court of the Russian Federation.

The list of entities that have the right to initiate legislation in the legislative bodies of the subjects of the Russian Federation is established by the constitutions (charters) of the respective subjects of the Russian Federation.

The subjects of the legislative initiative in the State Duma of the Russian Federation have the right to submit draft laws and legislative proposals on any issue related to the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and its subjects. The exception is the highest judicial bodies of the Russian Federation, which can introduce bills and legislative proposals only on issues within their jurisdiction.

77. PROCEDURE FOR CONSIDERATION, ADOPTION AND APPROVAL OF FEDERAL LAWS

The procedure for consideration, adoption and approval of laws is covered by the stages of the legislative process in the Russian Federation, starting with the preliminary consideration of the bill in the State Duma and ending with the submission of the federal law to the President of the Russian Federation for signing. After introduction of a bill to the State Duma, its Council appoints a special committee to consider the bill that has arrived, which sends this document to the competent authorities to receive feedback, suggestions and comments on it and conducts the entire preparatory procedure for considering the bill in the first reading.

Consideration prepared bill in the State Duma of the Russian Federation passes after 14 days from the date of its submission.

Consideration of a bill can take place in no more than 3 readings, and at the end of the third reading, the bill must be adopted or completely rejected.

First reading consideration of the bill is as follows: the concept of the future law is discussed, an assessment is made of the compliance of its main provisions with the Constitution of the Russian Federation, its relevance and practical significance. As a result of the discussion in the first reading of the bill, the State Duma may make one of the following decisions:

1) adopt the bill in the first reading and continue work on it, taking into account proposals and comments in the form of amendments;

2) reject the bill;

3) adopt a law (a law can be adopted in the first reading only if a majority of the total number of deputies of the State Duma votes for its adoption).

Second reading the bill must pass within 4 months from the date of the decision on the bill in the first reading. During the second reading, the bill must be presented together with a table of amendments approved by the special committee of the State Duma for work on the bill and included in the text of the bill, as well as a table of amendments recommended by the responsible committee for rejection, and a table of amendments on which no decisions were made. As a result of the discussion in the second reading, the State Duma may make one of the following decisions:

1) return the bill for revision to the responsible committee;

2) adopt the bill in the second reading;

3) reject the bill and withdraw it from consideration;

4) return the bill to the first reading procedure;

5) adopt the federal law as a whole in the second reading (this is possible if the final text of the bill is available and provided that the legal and linguistic examination of the bill has already been carried out). After adoption in the second reading, the bill is sent to the responsible committee to eliminate technical deficiencies and finalize it.

В third reading amendments to the bill are no longer allowed, it is considered with already prepared amendments.

According to its results, the State Duma is obliged to either adopt the bill in the form of the final version of the federal law and send it to the Federation Council for approval, or completely reject the bill and stop its consideration.

From the moment of adoption by the State Duma, the bill is considered to be an adopted federal law.

78. PROCEDURE FOR THE PUBLISHING AND ENTRY INTO FORCE OF FEDERAL LAWS AND ACTS OF THE CHAMBER OF THE FEDERAL ASSEMBLY

The procedure for the publication and entry into force of federal constitutional laws, federal laws and acts of the chambers of the Federal Assembly is established by the Federal Law of June 14, 1994 No. 5-FZ "On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly" (as amended October 22, 1999).

The legal force of laws and acts of the Federal Assembly in the Russian Federation is associated with their official publication, i.e. only those federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly that are officially published can be applied.

The general rule for the entry into force of normative acts, regardless of their form, is after the expiration of 10 days from the date of their official publication.

Not only newly adopted federal constitutional laws, federal laws and acts of the chambers of the Federal Assembly, as well as all amendments or additions made to them, are subject to official publication, while the entire amended normative act can be officially re-published in full.

Official publication of laws and acts of the chambers of the Federal Assembly - their first publication (in the wording adopted by the Federal Assembly of the Russian Federation, without any changes and amendments) in Rossiyskaya Gazeta or the Collection of Legislation of the Russian Federation. It is allowed to publish federal constitutional and federal laws and acts of the chambers of the Federal Assembly in other print media, inform law enforcement officers through the computer systems "Garant" and "Consultant Plus", as well as their publication on television and radio, sending them to state bodies, officials, enterprises, institutions, organizations, their publication in the form of a separate book edition.

It is the day of official publication that is recognized as the day of adoption of federal laws and acts of the Federal Assembly. The date of adoption of the FKZ is the day of approval by the chambers of the Federal Assembly.

Deadline for official publication federal constitutional laws, federal laws, acts of the Federal Assembly and international treaties of the Russian Federation are different:

1) all laws are subject to mandatory official publication within 7 days from the date of their signing by the President of the Russian Federation, it is he who sends federal constitutional laws and federal laws for official publication;

2) acts of the chambers of the Federal Assembly are published within 10 days after the day of their adoption; they are sent for official publication by the chairman of the relevant chamber or his deputy;

3) international treaties ratified by the Federal Assembly are published simultaneously with federal laws on their ratification. Laws and acts of the chambers of the Federal Assembly come into force after 10 days from the date of their official publication in the above-mentioned printed publications simultaneously throughout the entire territory of the Russian Federation, unless the laws or acts of the chambers themselves establish a different procedure for their entry into force (entry of a law or act from the date of publication , upon the occurrence of certain events or after a longer period).

79. CONTROL POWERS OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION

Federal Assembly of the Russian Federation entitled to exercise control powers in relation to the President of the Russian Federation and the Government of the Russian Federation. The Federal Assembly exercises these powers in the form of:

1) the established procedure for removing the President of the Russian Federation from office;

2) exercising control powers over the execution of the budget of the Russian Federation;

3) announcing a “vote of no confidence” to the Government of the Russian Federation.

The dismissal of the President of the Russian Federation from office is possible only on the basis of an accusation of high treason or other grave crime brought forward by the State Duma of the Russian Federation, confirmed by the conclusion of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the President of the Russian Federation and the conclusion of the Constitutional Court of the Russian Federation on compliance with the established procedure for bringing charges.

The decision of the State Duma to bring charges and the decision of the Federation Council to dismiss the President of the Russian Federation from office must be adopted by at least 2/3 of the total number of votes in each of the chambers on the initiative of at least 1/3 of the deputies of the State Duma and subject to the conclusion of a special commission, formed by the State Duma.

After an accusation is made against the President of the Russian Federation by the State Duma, the Federation Council must decide on the removal of the President of the Russian Federation within 3 months, if within this period the decision to remove the President of the Russian Federation from office is not made, then the accusation against the Head of State is considered dismissed.

If a decision is made in accordance with the established procedure to remove the President of the Russian Federation from office, early presidential elections are scheduled no later than 3 months of removal.

In the area budget control lower house of the Federal Assembly of the Russian Federation:

1) considers the federal budget submitted by the Government of the Russian Federation and the report on its execution;

2) hears reports on the progress of execution of the federal budget.

"Vote of no confidence" in the Government of the Russian Federation - Fundamental disagreement of the State Duma with government policy in general or on some very important issue, as a result of which their further interaction is impossible.

The decision of the State Duma of no confidence in the Government of the Russian Federation is considered adopted if the majority of votes of the total number of deputies of the State Duma of the Russian Federation, i.e. at least 226 votes, voted for this decision.

A vote of no confidence in the Government of the Russian Federation entails the obligation of the President of the Russian Federation to agree with the opinion of the Federal Assembly and dismiss the Chairman of the Government of the Russian Federation (and hence the entire composition of the Government, since all members are obliged to resign if the Chairman leaves) or disagree and dissolve the State Duma with the appointment of early elections.

Moreover, if the President of the Russian Federation did not agree with the State Duma on the issue of no confidence in the Government, then the President should propose to the State Duma to reconsider the issue of confidence in the Government. If the State Duma within 3 months repeatedly expresses no confidence in the Government, then only in this case the President of the Russian Federation has the right to dissolve the State Duma if he still does not agree with the opinion of the deputies.

If the President of the Russian Federation agreed with the opinion of the State Duma, he must nominate a new Chairman of the Government of the Russian Federation.

80. CONSTITUTIONAL FRAMEWORK FOR THE ORGANIZATION OF THE SYSTEM OF EXECUTIVE AUTHORITIES IN THE RUSSIAN FEDERATION

The executive bodies of state power in the Russian Federation are independent and independent from other branches of power. Them main function is the enforcement and enforcement of federal laws.

В the structure of the system of executive power of the Russian Federation includes: federal and regional executive authorities.

Federal executive authorities consist of:

1) federal ministries, federal services and federal agencies, the activities of which are managed by the President of the Russian Federation; federal services and federal agencies subordinate to these federal ministries;

2) federal ministries under the jurisdiction of the Government of the Russian Federation; federal services and federal agencies subordinate to these federal ministries.

The formation of public authorities is carried out on the basis of the principle of vertical subordination, i.e. executive authorities of the constituent entities of the Russian Federation represented by a similar structure, but they are directly subordinate to the relevant federal authorities.

Character traits systems of executive authorities of the Russian Federation:

1) unity of the system of government bodies;

2) centralization of this system.

Unity means that all bodies included in this system must be formed and have powers in accordance with the Constitution of the Russian Federation and federal laws.

Centralization The system of executive bodies of state power means that the Government of the Russian Federation is at the head of the entire system, to which the federal executive bodies are subordinate and accountable, to which, in turn, the executive bodies of the constituent entities of the Russian Federation are accountable.

The Government of the Russian Federation directs the activities of lower executive bodies of the Russian Federation, approves regulations on federal ministries and other federal executive bodies, sets the maximum number of employees in their apparatus and the amount of appropriations for their maintenance within the limits of the federal budget, appoints deputy federal ministers, heads of federal bodies executive authorities who are not federal ministers, and their deputies, heads of bodies and organizations under the Government of the Russian Federation, members of collegiums of federal executive authorities.

The Government of the Russian Federation has the right to cancel acts of federal and regional executive authorities accountable to it, as well as to create its own territorial bodies and appoint appropriate officials in the constituent entities of the Russian Federation.

The government is the direct head of most other federal and regional executive authorities, however, in accordance with the Constitution of the Russian Federation, federal constitutional and federal laws, some of them report directly to the President of the Russian Federation, for example, federal executive authorities dealing with issues of defense, security, internal affairs, foreign affairs , prevention of emergencies and elimination of consequences of natural disasters and other issues of particular importance to the state. However, the President of the Russian Federation is not included in the system of executive authorities.

81. CONSTITUTIONAL BASES OF THE STATUS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION: PROCEDURE FOR FORMATION, POWERS, ACTS

The Russian government - the highest executive body of the Russian Federation.

The government is a collegiate body. In his structure includes:

1) officials (Chairman of the Government of the Russian Federation (he is appointed to the position by the President of the Russian Federation with the approval of the State Duma of the Russian Federation, while the President of the Russian Federation has the right to propose the candidacy of the Chairman of the Government for approval of the State Duma no more than 3 times, if the lower house of the Federal Assembly rejects this candidacy three times, then after the third rejection by the Duma of the candidacy presented by the President, the President is obliged to independently appoint the Chairman of the Government and dissolve the Duma with the appointment of new elections), Deputy Prime Ministers of the Russian Federation (they are appointed to the position by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation), federal ministers (appointed to the position by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation));

2) structural divisions (in accordance with Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the system and structure of federal executive bodies”) (federal ministries, federal services, federal agencies).

Term of office of the Government of the Russian Federation is equal to 4 years and begins to flow (expires) with the acceptance of his powers by the newly elected President of the Russian Federation. The Government of the Russian Federation resigns its powers before the newly elected President of the Russian Federation.

Powers of the Government of the Russian Federation (Article 114 of the Constitution of the Russian Federation):

1) development and submission to the State Duma of the Russian Federation of a draft federal budget and ensuring its execution;

2) ensuring the implementation of a unified state policy in the Russian Federation in the field of culture, science, education, healthcare, social security, and ecology;

3) implementation of measures to ensure the country’s defense, state security, and implementation of the foreign policy of the Russian Federation;

4) the implementation of measures to ensure the law, rights and freedoms of citizens, protection of property and public order, the fight against crime;

5) management of federal property;

6) implementation of measures to ensure the rule of law and combat crime;

7) other powers assigned to the Government of the Russian Federation by the Constitution of the Russian Federation, federal laws, and decrees of the President of the Russian Federation.

The Government of the Russian Federation exercises control over the activities of executive authorities - both federal and constituent entities of the Russian Federation - on issues related to the jurisdiction of the Russian Federation, the joint jurisdiction of the Russian Federation and its constituent entities. The Government of the Russian Federation has the right of legislative initiative to the State Duma of the Russian Federation, i.e., the Government of the Russian Federation has the right to submit draft laws to the State Duma of the Russian Federation, prepared on behalf of the President of the Russian Federation, and to send official reviews of federal laws and bills under consideration to the chambers of the Federal Assembly.

The government, within its powers, issues:

1) resolutions (are normative in nature and are adopted on issues affecting the main issues of the activities of the Government of the Russian Federation);

2) orders (adopted on operational and current issues that are not of a regulatory nature).

Decrees and orders The governments of the Russian Federation are legal and binding in nature for execution throughout the territory of the Russian Federation.

82. CONSTITUTIONAL BASES OF THE JUDICIARY IN RUSSIA

The Constitution of the Russian Federation establishes: "The rights and freedoms of a person and a citizen determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice." Justice is achieved by the activity of the courts.

Judicial branch in the Russian Federation, according to the principle of separation of powers, is independent branch of government. The task of the judiciary - administration of justice.

Administration of Justice - the procedural activity of the courts established by law, aimed at resolving disputes about the actual or alleged violation of the law in civil, administrative, criminal proceedings.

Judicial power in the Russian Federation is exercised through constitutional, civil, administrative and criminal proceedings in collegiate or sole (in the court of first instance) compositions.

Direct administration of justice is carried out by judges who are independent in their activities, subject only to the Constitution of the Russian Federation and federal laws and have a special status of a judge.

Judges in the Russian Federation operate in accordance with principles:

1) justice is administered only by the court;

2) the administration of justice is carried out only on behalf of the Russian Federation.

The Constitution of the Russian Federation establishes the main principles of justice in the Russian Federation:

1) publicity of legal proceedings;

2) direct consideration of cases by the courts;

3) competition and equality of the parties.

Publicity means that the courts consider cases openly, i.e. in the courtroom during the consideration of the case, all interested persons can be present, if the case being heard does not affect personal, official, commercial, state and other secrets protected by law (in these cases, a closed session is held) .

Constitutional principle of direct consideration by the court of cases means the inadmissibility of holding trials in absentia of criminal and civil cases in the event that the trial of the case is not scheduled in the absence of those interested as a sanction for their guilty behavior.

The principle of litigation based on competition and equality of the parties means that the parties are equal in their rights to defense and obligations to prove.

The Constitution of the Russian Federation establishes a special right of persons accused of committing a crime and subject to criminal liability to have a criminal case considered by a court with the participation of jurors. The trial of the case with the participation of jurors is carried out on the basis of the defendant’s petition.

The courts of the Russian Federation form the judicial system of the Russian Federation, which is a combination of federal courts and courts of the constituent entities of the Russian Federation.

Federal courts:

1) the Constitutional Court of the Russian Federation;

2) the Supreme Court of the Russian Federation, supreme courts of the constituent entities of the Russian Federation, district courts, military and specialized courts that make up the system of federal courts of general jurisdiction;

3) The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts (arbitration courts of cassation), arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation, constituting the system of federal arbitration courts.

Courts of the subjects of the Russian Federation:

1) constitutional (statutory) courts of the constituent entities of the Russian Federation;

2) justices of the peace.

83. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION: FUNCTIONS, STRUCTURE, MAIN PRINCIPLES OF ACTIVITY

Constitutional Court of the Russian Federation - a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings (Article 1 of the FKZ of July 21, 1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation" as amended on February 8, December 15, 2001).

The Constitutional Court of the Russian Federation is of 19 judges, one of whom is the presiding judge and one is his deputy.

These judges are elected at the plenary session of the Constitutional Court for a term of 3 years, while the general term of office of judges is 15 years.

Judges of the Constitutional Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation.

A citizen of the Russian Federation who has reached the age of 40, has an impeccable reputation, has a higher legal education and at least 15 years of experience in the legal profession, and also has a recognized high qualification in the field of law, can be appointed as a judge of the Constitutional Court of the Russian Federation.

Judges of the Constitutional Court of the Russian Federation are independent and have immunity.

Structure of the Constitutional Court of the Russian Federation includes two chambers, one of which consists of 10, and the second of 9 judges of the Constitutional Court. At each of its meetings, the Chambers elect a chairman from among their members, who performs his duties of leadership within the framework of this meeting.

Business principles Constitutional Court:

1) independence of judges of the Constitutional Court of the Russian Federation;

2) collegial nature of consideration of cases;

3) publicity of the court session (transmission of sessions of the Constitutional Court of the Russian Federation is allowed);

4) competitiveness and equality of the parties (this principle is conditional for constitutional proceedings, since decisions are made on the basis of documents and there are no parties themselves).

The Constitutional Court of the Russian Federation has the right:

1) resolve cases on the compliance of federal laws, Decrees of the President of the Russian Federation, acts of the Government of the Russian Federation with the Constitution of the Russian Federation; constitutions of republics, charters, as well as laws and other normative acts of constituent entities of the Russian Federation; agreements between public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation, agreements between public authorities of the constituent entities of the Russian Federation; international treaties of the Russian Federation that have not entered into legal force;

2) resolve disputes about competence: between federal government bodies; between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation; between the highest government bodies of the constituent entities of the Russian Federation;

3) give an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime;

4) take legislative initiatives on issues within their jurisdiction;

5) give an interpretation of the Constitution of the Russian Federation (at the request of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, legislative bodies of the constituent entities of the Federation);

6) check the constitutionality of the law applied or to be applied in a specific case resolved by the court based on complaints from citizens and requests from the courts;

7) exercise other powers granted to him by the Constitution of the Russian Federation, the Federal Treaty and federal constitutional laws.

84. CONSTITUTIONAL PROCEEDINGS IN THE RUSSIAN FEDERATION

constitutional jurisprudence - procedural activities of the Constitutional Court of the Russian Federation to resolve cases within its competence.

Constitutional legal proceedings begin with a request from authorized persons to the Constitutional Court of the Russian Federation.

The right to appeal to the Constitutional Court of the Russian Federation have:

1) President of the Russian Federation;

2) Federation Council of the Federal Assembly of the Russian Federation;

3) State Duma of the Federal Assembly of the Russian Federation;

4) members of the Federation Council or deputies of the State Duma of the Federal Assembly of the Russian Federation in the amount of 1/5 of the total number of members of the corresponding chamber of the Federal Assembly;

5) the Government of the Russian Federation;

6) the Supreme Court of the Russian Federation;

7) Supreme Arbitration Court of the Russian Federation;

8) legislative and executive authorities of the constituent entities of the Russian Federation.

Constitutional proceedings are carried out within the framework of plenary sessions and sessions of chambers Constitutional Court of the Russian Federation. Decisions of the Constitutional Court of the Russian Federation, adopted at the meetings, are valid only in the presence of at least one of the total number of judges of the Constitutional Court of the Russian Federation.

The Constitutional Court of the Russian Federation exercises its powers within the framework of plenary sessions and sessions of the chambers of the Constitutional Court.

On the plenary sessions Constitutional Court of the Russian Federation:

1) resolves cases regarding the compliance of the Constitution of the Russian Federation with the basic laws of the constituent entities of the Russian Federation;

2) gives an interpretation of the Constitution of the Russian Federation;

3) gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime;

4) decides on the issue of putting forward a legislative initiative on issues within its jurisdiction;

5) resolves other issues related to regulating the activities of the Constitutional Court of the Russian Federation.

On the meetings of the chambers Constitutional Court of the Russian Federation:

1) resolves cases on compliance with the Constitution of the Russian Federation: federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation; laws and other normative acts of constituent entities of the Russian Federation, issued on issues related to the jurisdiction of government bodies of the Russian Federation and the joint jurisdiction of government bodies of the Federation and government bodies of its constituent entities; agreements between public authorities of the Russian Federation and public authorities of the constituent entities of the Federation, agreements between public authorities of the constituent entities of the Russian Federation; international treaties of the Russian Federation that have not entered into force;

2) resolves disputes about competence: between federal government bodies; between government bodies of the Russian Federation and government bodies of its subjects; between the highest government bodies of the constituent entities of the Russian Federation;

3) upon complaints of violation of the constitutional rights and freedoms of citizens and upon requests from the courts, checks the constitutionality of the law applied or to be applied in a particular case.

Constitutional proceedings are always carried out by a collegial composition of judges in open court sessions. Broadcasting of meetings of the Constitutional Court of the Russian Federation on particularly significant issues is allowed.

As a result of the trial, the Constitutional Court issues decree. The decisions of the Constitutional Court of the Russian Federation are normative in nature and are a source of constitutional law, that is, all subjects of legal relations must rely on them when interpreting the Constitution and laws of the Russian Federation.

85. DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

In order to exercise constitutional control over the compliance with the Constitution of the Russian Federation of legal acts of various state authorities of the Russian Federation and subjects of the Russian Federation, the Constitutional Court of the Russian Federation has the right, on issues of its competence, to issue rulings on cases on the interpretation of articles of the Constitution of the Russian Federation.

The Constitutional Court of the Russian Federation is the only source of official interpretation of the Constitution of the Russian Federation and other federal laws of the Russian Federation. It is he who adopts acts (decrees of the Constitutional Court of the Russian Federation) to be applied on the territory of the whole of Russia, explaining the constitutional norms and other normative acts of state authorities of the Russian Federation and its subjects.

Decisions of the Constitutional Court of the Russian Federation, in order for them to have the listed properties (mandatory, competent), must be adopted in the manner prescribed by law, i.e.

the decision of the Constitutional Court of the Russian Federation is considered accepted, if at least the total number of judges of the Constitutional Court of the Russian Federation was present at the meeting and a majority of the number of judges present voted for the decision.

The Constitutional Court of the Russian Federation issues its rulings on the basis of requests that must contain information about the actual case in which the act under review was applied and the circumstances that resulted in doubts about the conformity of this act with the Constitution of the Russian Federation.

In this case, the Constitutional Court of the Russian Federation resolves exclusively questions of law, i.e., the acts of the Constitutional Court of the Russian Federation do not establish the factual side upon request, but only the compliance of the normative acts used in a particular case with the norms of the Constitution of the Russian Federation.

Decisions of the Constitutional Court of the Russian Federation may contain 2 types of solutions:

1) the normative act complies in full or in part with the Constitution of the Russian Federation;

2) the normative act does not comply in whole or in part with the Constitution of the Russian Federation.

In these cases, the legal consequences for these regulations are different.

In the first case, the audited act, in accordance with the decision of the Constitutional Court of the Russian Federation, remains valid in full or in part that does not contradict the Constitution of the Russian Federation, which means that it is subject to application in the relevant part by courts and other subjects of legal relations throughout the territory of the Russian Federation or a separate subject of the Russian Federation (if the normative act of public authorities of the constituent entities of the Russian Federation), i.e. the court decision (or a legal act issued by authorities) is recognized as lawful, and its legal consequences are binding on interested parties.

In the event that the reviewed normative act (or its individual provisions) is recognized by the Constitutional Court of the Russian Federation as not complying with the Constitution of the Russian Federation (unconstitutional), then in the relevant part (or in full) it loses its legal force and is not subject to application, and, accordingly, legal consequences, generated by this act must be canceled and the original position of the interested parties restored.

Only the Constitutional Court of the Russian Federation has the right to cancel the operation of laws and by-laws of the authorities of the Russian Federation and subjects of the Russian Federation due to their inconsistency with the Constitution of the Russian Federation and thereby exercise constitutional control over the implementation of legislation and the legality of decisions by authorities at the federal and regional levels.

86. GENERAL PRINCIPLES OF THE ORGANIZATION OF THE SYSTEM OF STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION

Principles of organizing the system of government bodies in the constituent entities of the Russian Federation:

1) state and territorial integrity of the Russian Federation (i.e., subjects of the Russian Federation do not have the right to form government bodies not established by the Constitution of the Russian Federation and other federal laws; it is unacceptable to establish any other boundaries between individual subjects of the Russian Federation than administrative-territorial ones, and it is unacceptable for subjects of the Russian Federation to establish border signs, customs and customs duties);

2) Russian sovereignty extends to the entire territory of the Russian Federation (i.e. the Russian Federation exercises its exclusive powers in any of its subjects and in all subjects at the same time equally, no government body has the right to limit the sovereignty of the Russian Federation);

3) supremacy of the Constitution of the Russian Federation (i.e., when forming public authorities in the constituent entities of the Russian Federation and establishing their competence, it is necessary to comply with the provisions of the Constitution of the Russian Federation concerning the relevant bodies. And this principle also means that all acts adopted by the authorities of the constituent entities of the Russian Federation must comply with the Constitution of the Russian Federation and should not concern issues that are not within the competence of the relevant authority);

4) unity of the system of state power both at the federal level and in the constituent entities of the Russian Federation (i.e., within the jurisdiction of the Russian Federation and its powers on subjects of joint jurisdiction of the Russian Federation and its constituent entities, federal government bodies and public authorities of constituent entities of the Russian Federation form a unified system of state power of the Russian Federation, thus the competence of these bodies is similar to each other, but is limited by the territorial boundaries of the corresponding constituent entity of the Russian Federation and the subjects of their jurisdiction fixed in the Constitution of the Russian Federation);

5) division of power into three branches: legislative, executive and judicial (i.e. the principle of separation of powers into legislative, executive and judicial must be observed not only in relation to the highest federal bodies of state power, but also in the regions when forming the relevant bodies);

6) delimitation of subjects of jurisdiction of the Russian Federation, subjects of the Russian Federation and local governments (i.e., federal authorities are given the right, by agreement with the authorities of the constituent entities of the Russian Federation, to transfer to the latter part of their powers. In turn, the authorities of the constituent entities of the Russian Federation, by agreement with the federal authorities, have the right to transfer their powers to them, thus carrying out correspondence of powers within a unified system state power of the Russian Federation. There are a number of powers that cannot be transferred, excluded or otherwise redistributed between different levels of government: subjects of jurisdiction of the Russian Federation; subjects of joint jurisdiction of the Russian Federation and its subjects; subjects of jurisdiction of subjects of the Russian Federation);

7) non-intervention of state authorities of the constituent entities of the Russian Federation in the competence of state authorities of the Russian Federation (i.e., despite the unity of the system of state authorities, neither the federal authorities nor the authorities of the constituent entities of the Russian Federation have the right to exercise powers outside the limits of their competence established by the Constitution of the Russian Federation, laws or agreements on the delimitation of subjects of jurisdiction between these bodies).

87. LEGISLATIVE BODIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION

Legislative (representative) body of state power of a constituent entity of the Russian Federation - the permanent supreme and the only legislative body of the constituent entity of the Russian Federation, the legal status of which is fixed by law.

Legislatures are formed on the basis of universal, equal and direct suffrage by secret ballot.

The structure and procedure for the formation of representative bodies of the constituent entities of the Russian Federation is established by the constitution (charter) of the corresponding constituent entity of the Russian Federation. The structure of the legislative (representative) body of state power of a constituent entity of the Russian Federation may include permanent deputies (their number is established by the laws of the corresponding constituent entity of the Russian Federation), who form working groups from among their members to resolve issues of organizational, legal, informational, logistical and financial support of nature.

Order of formation representative bodies of the constituent entities of the Russian Federation: at least 50% of the deputies of the legislative (representative) body of state power of the constituent entities of the Russian Federation are elected in a single constituency, and in a bicameral legislative (representative) body of state power of the constituent entity of the Russian Federation - at least 50% of the deputies of one of the chambers of the said body in proportion the number of votes cast for the lists of candidates for deputies nominated by electoral associations, electoral blocs.

The status of deputies, including deputy immunity, extends to deputies of representative bodies of power of the constituent entities of the Russian Federation.

Citizens of the Russian Federation who have reached the age specified by the law of the constituent entity of the Russian Federation and have not been recognized by a court as having limited or incapacitated capacity may be elected as deputies of the representative body of a constituent entity of the Russian Federation in accordance with the procedure established by the constituent entity of the Russian Federation.

Competence legislative (representative) body of state power of a constituent entity of the Russian Federation:

1) adoption of the constitution (charter) of the subject of the Russian Federation and amendments to it, unless otherwise established by the constitution of the subject of the Russian Federation;

2) publication of laws on the subjects of jurisdiction of the subject of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and its subjects within the powers of the subject of the Russian Federation;

3) monitoring compliance with and execution of the laws of the constituent entity of the Russian Federation, execution of the budget of the constituent entity of the Russian Federation, execution of the budgets of territorial state extra-budgetary funds of the constituent entity of the Russian Federation, compliance with the established procedure for disposing of the property of the constituent entity of the Russian Federation;

4) other powers established by the Constitution of the Russian Federation, federal laws, the constitution (charter) and laws of the subject of the Russian Federation.

The representative (legislative) body of power of a constituent entity of the Russian Federation has the right to take at its meetings legislation subject of the Russian Federation and regulations.

Acts of a legislative (representative) body of state power of a constituent entity of the Russian Federation are considered adopted if at the time of the adoption of the acts at least 2/3 of the established number of deputies were elected to this body, and at the meeting there were at least the number of deputies established by the laws of the constituent entity of the Russian Federation.

Financing legislative (representative) bodies of state power of the subjects of the Russian Federation and their activities are carried out from the budget of the respective subjects of the Russian Federation.

88. EXECUTIVE AUTHORITIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION

Executive authorities of the constituent entities of the Russian Federation - bodies formed in accordance with the Constitution of the Russian Federation and the laws of the constituent entity of the Russian Federation, exercising powers within the limits of their competence and powers of the executive authorities of the Russian Federation within the limits established by agreements on the delimitation of the subjects of jurisdiction of the Russian Federation and its subjects.

The system of executive authorities of the constituent entities of the Russian Federation is part of the unified system of executive power of the Russian Federation and includes:

1) the head of the highest executive body of state power of a constituent entity of the Russian Federation (highest official of a constituent entity of the Russian Federation);

2) the highest executive body, including: bodies that make up the apparatus of the head of the administration; directorates, committees, departments and other administration services that are dually subordinate to the head of the administration and the relevant federal bodies; territorial bodies of federal ministries and departments.

The head of the highest executive body of a constituent entity of the Russian Federation is simultaneously the head of the corresponding constituent entity of the Russian Federation. This position is filled on the basis of universal, equal and direct suffrage by secret ballot. The procedure for elections is established by the laws of the corresponding subject of the Russian Federation.

The head of the executive power of a constituent entity of the Russian Federation may be a citizen of the Russian Federation who, in accordance with federal laws, the constitution (charter) and (or) the law of a constituent entity of the Russian Federation, has a set of certain age, educational and other mandatory features.

The highest official of the subject of the Russian Federation in accordance with its competence has the right:

1) подписывать договоры и соглашения от имени субъекта РФ в сфере регулирования отношений с федеральными органами государственной власти, органами государственной власти иных субъектов РФ, органами местного самоуправления и при осуществлении внешнеэкономических связей;

2) подписывать и обнародовать законы субъекта РФ;

3) формировать высший исполнительный орган государственной власти субъекта РФ;

4) осуществлять иные полномочия в соответствии с федеральными законами, конституцией (уставом) и законами субъекта РФ.

Acts of the highest official of the subject of the Russian Federation:

1) указы (постановления) - они носят нормативный характер;

2) распоряжения - издаются по конкретным вопросам.

The head of a constituent entity of the Russian Federation may be removed from office for failure to fulfill his duties by the highest legislative (representative) body of the corresponding constituent entity of the Russian Federation, the President of the Russian Federation, the population of the corresponding constituent entity of the Russian Federation by way of recall.

The highest executive body of state power of a constituent entity of the Russian Federation in accordance with its competence has the right:

1) осуществлять в пределах своих полномочий меры по реализации, обеспечению и защите прав и свобод человека и гражданина, охране собственности и общественного порядка, борьбе с преступностью;

2) обеспечивать исполнение бюджета субъекта Федерации и готовить отчет об исполнении указанного бюджета;

3) формировать иные органы исполнительной власти субъекта РФ;

4) осуществлять иные полномочия, установленные федеральными законами, конституцией (уставом) и законами субъекта РФ.

The highest executive body of state power of the subject issues resolutions and other acts established by the laws of the corresponding subject of the Russian Federation.

89. INTERACTION OF THE LEGISLATIVE AND EXECUTIVE AUTHORITIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION

The interaction between the legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation is carried out in forms:

1) законодательной инициативы;

2) издания законов субъектов РФ;

3) осуществления контроля за соблюдением и исполнением Конституции и законов РФ, законов субъекта РФ, исполнением бюджета субъекта РФ, исполнением федеральных и региональных программ развития, исполнением бюджетов территориальных государственных внебюджетных фондов субъекта РФ, соблюдением установленного порядка распоряжения собственностью субъекта РФ;

4) формирования органов власти субъекта РФ;

5) права высшего должностного лица участвовать в работе высшего законодательного органа субъекта РФ с правом совещательного голоса и требовать созыва внеочередного заседания этого органа, а также созыва вновь избранного законодательного органа власти;

6) иных формах.

Submit bills for discussion by the legislative (representative) authorities of the constituent entity of the Russian Federation they have a right:

1) депутаты законодательного органа субъекта РФ;

2) высшее должностное лицо субъекта РФ (руководитель высшего исполнительного органа государственной власти субъекта РФ);

3) представительные органы местного самоуправления;

4) иные органы власти;

5) общественные объединения граждан;

6) граждане, проживающие на территории соответствующего субъекта РФ (численность граждан, выступающих с законодательной инициативой в законодательные органы власти субъектов РФ, устанавливается уставом этого субъекта).

The right of legislative initiative to specific bodies is granted by the constitution (charter) of the constituent entity of the Russian Federation. In this case, the interaction is expressed in the fact that the head of the supreme executive body of a constituent entity of the Russian Federation has the right to submit draft laws prepared by individual ministries and departments to the legislative body of the corresponding constituent entity of the Russian Federation on issues within their jurisdiction.

The highest official has the right to sign and promulgate laws adopted by the legislative body of a constituent entity of the Russian Federation.

Control over observance and execution of the Constitution and laws of the Russian Federation, laws of the constituent entity of the Russian Federation, execution of the budget of the constituent entity of the Russian Federation, execution of federal and regional development programs, execution of the budgets of territorial state non-budgetary funds of the constituent entity of the Russian Federation, compliance with the established procedure for disposing of the property of the constituent entity of the Russian Federation is carried out simultaneously by the legislative and executive bodies of the constituent entity of the Russian Federation . In order to exercise this control, the supreme executive body prepares reports on the implementation of the laws of the Russian Federation and its constituent entities, federal and regional development programs, the execution of the budget of a constituent entity of the Russian Federation and the budgets of territorial state non-budgetary funds of a constituent entity of the Russian Federation, and the legislative (representative) body of a constituent entity of the Russian Federation hears these reports.

Interaction between representative and executive authorities of a constituent entity of the Russian Federation в формировании органов власти выражается в следующем:

1) право представительного органа власти выражать недоверие высшему должностному лицу субъекта РФ и подотчетному ему исполнительному органу;

2) право представительного органа власти назначать выборы высшего должностного лица и т. д.

90. LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION: GENERAL PRINCIPLES OF ORGANIZATION AND ACTIVITY

The principles of organization and activities of local governments are enshrined in Art. 130-133 of the Constitution of the Russian Federation of 1993

Local government - independent activity of the population to address directly or through local governments issues of local importance based on the interests of the population, its historical and other local traditions.

Elements местного самоуправления:

1) главный субъект местного самоуправления - население, которому предоставлены права: избирать и быть избранными в органы местного самоуправления; участвовать в местном референдуме; обращаться лично, а также направлять индивидуальные и коллективные обращения в органы местного самоуправления; знакомиться с документами и материалами органов местного самоуправления, непосредственно затрагивающими права и свободы гражданина; определять структуру органов местного самоуправления; выражать мнение по поводу изменения границ территорий местного самоуправления; защищать право на местное самоуправление и образующие его права в судебном порядке;

2) компетенция и пределы осуществления местного самоуправления ограничиваются вопросами местного значения, к ним относятся вопросы непосредственного обеспечения жизнедеятельности населения муниципального образования (жилищное строительство и распределение жилья, муниципальное здравоохранение и образование, управление муниципальной собственностью, охрана общественного порядка и другие), отнесенные к таковым уставом муниципального образования в соответствии с Конституцией РФ, федеральными законами, законами субъектов Федерации;

3) муниципальное образование обладает правом собственности на муниципальное имущество.

Structure органов местного самоуправления:

1) выборные органы, образуемые в соответствии с федеральными законами, законами субъектов РФ, уставами муниципальных образований (представительные органы местного самоуправления);

2) другие органы, образуемые в соответствии с уставами муниципальных образований (глава муниципального образования, исполнительные органы местного самоуправления).

Органы местного самоуправления независимы от федеральных органов власти и органов власти субъектов РФ в решении вопросов, отнесенных Конституцией РФ к их ведению. К таким вопросам относятся:

1) management of municipal property;

2) формирование, утверждение и исполнение местного бюджета;

3) установление местных налогов и сборов;

4) охрана общественного порядка;

5) иные вопросы местного значения.

Local self-government bodies are not entitled to exercise powers assigned to the exclusive competence of the Russian Federation and its subjects.

The competence of the legislative (representative) and executive bodies, as well as the head of the municipality, is established by the charter of the municipality.

By agreement between local self-government bodies and state authorities of the Russian Federation or constituent entities of the Russian Federation, part of the powers of state authorities may be transferred to local self-government bodies. In this case, they must be given the necessary material and financial resources for the implementation of the relevant federal programs and programs of the constituent entities of the Russian Federation.

Author: Kakovkina Ye.N.

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Microbiology. Crib

▪ Labor protection and safety. Crib

▪ Pricing. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive

Men should not drink after the gym 17.08.2016

Researchers from the University of North Texas set up the following experiment: they asked several men and women, regularly, at least twice a week, "pumping muscles", perform 10 squats with heavy weight. Then they were given either water or vodka diluted with water (however, those who drank water believed that they were also given alcohol - a glass of water was specially smeared with alcohol for smell). All participants in the experiment took a muscle biopsy three times: once before strength exercises and twice after - after three hours and after five hours.

In both men and women, exercise activated signal chains associated with the mTOR protein, which controls cell growth. After exercise, mTOR molecules received a stimulating modification and accelerated overall protein synthesis, thereby pushing cells to divide. But if a person drank a portion of alcohol after a squat session, mTOR activated worse, and the signal for cell growth and division turned out to be weak.

The most curious thing was that alcohol attenuation of this molecular signal occurred only in men. Why it is in men and not in women is not yet completely clear, but, obviously, it's all about testosterone: in the male body, physical activity causes a surge of testosterone, which triggers muscle growth.

In women, testosterone is low, the signal for muscle growth is generally weaker, and therefore the effect of alcohol is almost absent. One way or another, alcohol, as it turned out, quite successfully suppresses the effect of strength exercises, so if a man wants to pump up quickly, he should be moderate with alcohol, otherwise he will have to spend more time and effort on it.

Other interesting news:

▪ Coded information on the phone screen

▪ Smart alarm clock EzLarm

▪ Ultrasound will dry the laundry

▪ ATA5558 Low Frequency RFID Device

▪ Bacteria tape recorder

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the website job descriptions. Article selection

▪ article Fiberglass for an aircraft model. Tips for a modeller

▪ article Who was initially going to be treated with doctor's sausage? Detailed answer

▪ Pangola article. Legends, cultivation, methods of application

▪ article Refinement of the acoustic system 35AC-1. Encyclopedia of radio electronics and electrical engineering

▪ article USB charger for LiIon batteries. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews