Конституционное право Российской Федерации. Способы охраны Конституции РФ. Конституционные основы обеспечения безопасности в РФ (самое важное)

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Конституционное право Российской Федерации. Способы охраны Конституции РФ. Конституционные основы обеспечения безопасности в РФ (самое важное)

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21. WAYS OF PROTECTION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION. CONSTITUTIONAL BASIS FOR ENSURING SECURITY IN THE RUSSIAN FEDERATION

The protection of the Constitution of the Russian Federation is served by a rather rigid procedure for the adoption of constitutional amendments and the revision of the Constitution of the Russian Federation, defined by Ch. 9 of the Constitution of the Russian Federation.

The main order of protection of the Constitution of the Russian Federation is judicial. Everyone is guaranteed judicial protection of his rights and freedoms, decisions and actions (inaction) of state authorities, local governments, public associations and officials can be appealed to the court (Article 46 of the Constitution of the Russian Federation). The entire activity of the Constitutional Court of the Russian Federation is subordinated to the special goal of protecting the Constitution of the Russian Federation, protecting the foundations of the constitutional order, the fundamental rights and freedoms of man and citizen, ensuring the supremacy and direct effect of the Constitution of the Russian Federation throughout the territory of the Russian Federation (Article 3 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation") .

The guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen is the President of the Russian Federation (part 2 of article 80 of the Constitution of the Russian Federation), which is reflected in his oath (part 1 of article 82 of the Constitution of the Russian Federation). The Commissioner for Human Rights in the Russian Federation also stands guard over human rights and freedoms.

The purpose of protecting the Constitution of the Russian Federation is the ban on the activities of certain public associations, established by Part 5 of Art. 13 of the Constitution of the Russian Federation.

The Constitution of the Russian Federation itself determines that the Constitution of the Russian Federation has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation, laws and other legal acts should not contradict the Constitution of the Russian Federation (part 1 of article 15 of the Constitution of the Russian Federation), the seizure of power (illegal appropriation of power powers - part 4 of article 3 of the Constitution of the Russian Federation).

Legally (in the Law of the Russian Federation "On Security") safety is defined as a state of protection of the vital interests of the individual, society and the state from internal and external threats. Thus, the main objects of security are the individual, society and the state.

The subjects of security are primarily the state, as well as (to the extent of their powers) citizens, public and other organizations and associations. Article 45 of the Constitution of the Russian Federation guarantees state protection of the rights and freedoms of man and citizen, in addition, everyone has the right to protect their rights and freedoms within the framework of the law.

The security principles are legality; maintaining a balance of vital interests of the individual, society and the state and their mutual responsibility; integration with international security systems.

The security forces include the Armed Forces of the Russian Federation, federal security agencies, internal affairs, etc.

General management of state security bodies is carried out by the President of the Russian Federation, in particular, heading and forming the Security Council of the Russian Federation, introducing martial law and a state of emergency, directly supervising federal "power" departments (for example, the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation), having other powers in the specified sphere.

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