Constitutional law of the Russian Federation. Constitutional-legal relations: essence and elements (the most important)

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Constitutional law of the Russian Federation. Constitutional-legal relations: essence and elements (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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2. CONSTITUTIONAL AND LEGAL RELATIONS: ESSENCE AND ELEMENTS

Constitutional legal relations - these are social relations regulated by the norms of constitutional law, representing a bilateral specific connection between special subjects. The fundamentals of relations such as state - state, state - citizen, federation - subject of the federation, president - parliament, deputy - voter, as well as relations and forms of interaction of various structures, institutions and branches of government are regulated by constitutional law and constitute constitutional legal relations.

Elements of constitutional legal relations are subjects, object, content, legal fact.

Subjects of constitutional and legal relations are divided into individual (individuals) and collective.

К individual subjects relate:

a) citizens of the Russian Federation;

b) foreign citizens;

c) stateless persons;

d) persons with dual citizenship.

Foreign citizens are limited in some rights (primarily of a political nature), but they are guaranteed all personal rights at the constitutional level. Also, foreign citizens fulfill the corresponding obligations (in particular, to pay taxes and fees legally established in the Russian Federation). The legal status of foreigners varies depending on the type of residence in Russia: permanent residents and temporary residents have different rights.

have a broader classification collective subjects constitutional and legal relations.

They are divided into the following types:

1. State.

2. Subjects of the Russian Federation.

3. Government bodies and institutions.

4. Local government bodies.

5. Public associations (in particular, political parties).

6. Some other entities (for example, district election commissions that are not state bodies).

Universal constitutional and legal entity is the multinational people of the Russian Federation, who adopted the Constitution of the Russian Federation at an all-Russian referendum.

Legal facts - these are specific life circumstances with which the rule of law associates the occurrence of certain legal consequences. Legal facts are varied.

Based on volition, legal facts are divided into events and actions. Events are circumstances that objectively do not depend on the will and consciousness of people. Actions are facts that depend on the will of people. Actions are divided into legal and illegal. Legitimate legal facts include, in particular, numerous acts - documents of various state bodies (local self-government bodies) and officials, both normative (containing legal norms designed for an indefinite number of persons) and individual in nature.

Based on the type of consequences that occur, the following categories of legal facts are distinguished:

a) law-formers;

b) law-changing;

c) law-terminating.

Often, for the legal consequences provided for by a legal norm to arise, not one legal fact is necessary, but a combination of them, which is called the legal composition.

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