Constitutional law of the Russian Federation. Fundamentals of the constitutional system in the Russian Federation (the most important)

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Constitutional law of the Russian Federation. Fundamentals of the constitutional system in the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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12. FOUNDATIONS OF THE CONSTITUTIONAL ORDER IN THE RUSSIAN FEDERATION

Fundamentals of the constitutional system - the fundamental provisions of the constitution, which determine the main characteristics of the form of the state and the legal status of the individual.

Allocate 4 groups of foundations of the constitutional system:

1. Legal foundations of the relationship between the individual and the state. Article 2 of the Constitution of the Russian Federation proclaims a person, his rights and freedoms to be the highest value. At the same time, the state is entrusted with the main responsibility of recognizing, observing and protecting the rights and freedoms of man and citizen. Citizenship is a stable political and legal connection between the state and the individual. Citizenship is free, united, equal. The principle of the welfare state enshrines the human right to social security. The state protects the labor and health of people, sets the minimum wage, provides support for family, motherhood, paternity and childhood, disabled people and elderly citizens. State pensions, benefits and other means of social protection are guaranteed.

2. Principles of interaction between state and society. The Constitution of the Russian Federation defines the democratic characteristics of the Russian state. The people exercise their power both directly and through state authorities and local self-government. The activities of the state in the economic sphere are determined. Land and other natural objects may be owned, including privately owned.

The state regulates economic processes only indirectly, leaving a wide space for market mechanisms of self-regulation. A plurality of ideas competing with each other is recognized, i.e., ideological diversity, ideological and political pluralism. It is prohibited to create and operate public associations whose goals or actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national and religious hatred. Russia is a secular state; no religion can be recognized as a state or obligatory one.

3. Principles of the relationship between state and law: the principle of the rule of law, the supremacy of the Constitution of the Russian Federation and the Federal Law throughout the territory of the Russian Federation, the highest legal force, universal validity, the direct effect of the Constitution of the Russian Federation throughout the territory of the Russian Federation, the mandatory official publication of laws and other regulatory legal acts affecting rights , freedoms and duties of a person and a citizen, the priority of the norms of international treaties of the Russian Federation over domestic legislation, as well as the inclusion of generally recognized principles and norms of international law in the Russian legal system.

4. Constitutional principles of internal organization and exercise of state power: republican form of government, federal form of government, the principle of state sovereignty, the principle of separation of powers, the principle of independence of local self-government.

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