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Конституционное право Российской Федерации. Понятие, предмет и метод конституционного права РФ. Его место в системе российского права (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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1. CONCEPT, SUBJECT AND METHOD OF THE CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION. ITS PLACE IN THE SYSTEM OF RUSSIAN LAW

Constitutional law of the Russian Federation - the fundamental branch of law that regulates fundamental social relations:

▪ constitutional system, forms and methods of exercising state power;

▪ legal status of the individual;

▪ state (national-territorial) structure of the state;

▪ organization and activities of state authorities and local self-government. The constitutional law of the Russian Federation regulates fundamental provisions in all spheres of life of Russian society and the state. The content of this regulation reflects the qualitative characteristics of the state through the definition of the form of the state in accordance with theoretical and legal developments.

State shape - this is the structure of state power, including the methods and methods of exercising state power (a form of political regime), the procedure for the formation and organization of higher bodies of state power and administration (form of government), as well as the order of relations between central and regional authorities (form of government).

Object of constitutional law, i.e. the sphere of social relations regulated by the norms of constitutional law (the subject of this branch of law) is a special cross-section of social relations existing in all spheres of society: political, economic, social and spiritual. These are actual relations regarding the structure of the state and the organization of state power, including the relationship between an individual and the state.

Constitutional law does not have its own special method of legal regulation. In the constitutional and legal regulation of social relations, as in most other branches of law, there is often a method of binding and a method of prohibition, which together form the so-called imperative method. For example, Art. 58 of the Constitution of the Russian Federation establishes the obligation of everyone to preserve nature and the environment, to take care of natural resources, and Part 5 of Art. 13 of the Constitution of the Russian Federation prohibits the creation and activities of public associations whose goals or actions are aimed at violently changing the foundations of the constitutional system and violating the integrity of the Russian Federation, undermining the security of the state, creating armed groups, inciting social, racial, national and religious hatred.

Also often used method of permission (dispositive method). For example, subjects of the right of legislative initiative, named in Part 1 of Art. 104 of the Constitution of the Russian Federation, they can either exercise or not exercise this right.

>> Forward: Constitutional and legal relations: essence and elements

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