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

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

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

Lecture notes, cheat sheets

Table of contents

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.

2. CONSTITUTIONAL AND LEGAL RELATIONS: ESSENCE AND ELEMENTS

Constitutional legal relations - these are public relations regulated by the norms of constitutional law, which are a two-way concrete connection between special subjects. The foundations 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 between 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 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, for the payment of taxes and fees legally established in the Russian Federation). The legal status of foreigners differs depending on the type of residence in the territory of 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, which adopted the Constitution of the Russian Federation at the All-Russian referendum.

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

On the basis of will, 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. Lawful legal facts include, in particular, numerous acts - documents of various state bodies (local governments) and officials, both normative (containing legal norms designed for an indefinite circle of persons) and individual.

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 occurrence of legal consequences provided for by a legal norm, not one legal fact is necessary, but their totality, which is called the legal composition.

3. SOURCES OF CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION

1. The Constitution of the Russian Federation.

2. Generally recognized principles and norms of international law, international treaties of the Russian Federation.

3. Federal constitutional laws adopted on issues provided for by the Constitution of the Russian Federation.

4. Federal laws adopted on constitutional and legal issues (for example, the Federal Law "On the principles and procedure for delimiting the 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" adopted in 1999).

5. Decisions of the Constitutional Court of the Russian Federation (in particular, on the interpretation of the Constitution of the Russian Federation).

6. Resolutions of the chambers of the Federal Assembly of the Russian Federation (in particular, regulations of the chambers of the Federal Assembly of the Russian Federation).

7. Decrees of the President of the Russian Federation adopted on constitutional and legal issues (for example, the decree of the President of the Russian Federation adopted in 1997, which approves the Regulations on the procedure for granting political asylum by the Russian Federation).

8. Decrees of the Government of the Russian Federation adopted on constitutional and legal issues, issued in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation (for example, the Decree of the Government of the Russian Federation adopted in 2002, which approves the Regulation on extradition to foreign citizens and stateless persons, temporary residence permits).

9. Normative acts of federal executive bodies adopted in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation and Decrees of the Government of the Russian Federation (for example, in 1999, the Ministry of Justice of the Russian Federation, in accordance with the Decree of the Government of the Russian Federation, were Clarifications on the application of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration were published). Some researchers also consider the resolutions of the Central Election Commission of the Russian Federation of a normative nature as a source of constitutional law.

10. Constitutions (charters) of subjects of the Russian Federation.

11. Laws of the constituent entities of the Russian Federation of constitutional and legal content (for example, laws of the constituent entities of the Russian Federation on constitutional (charter) courts of the constituent entities of the Russian Federation).

12. Decisions of the constitutional (charter) court of a constituent entity of the Russian Federation (in particular, on the interpretation of the constitution (charter) of a constituent entity of the Russian Federation).

13. Some normative legal acts of state authorities of subjects of the Russian Federation (for example, the decision of the highest executive body of state power of a subject of the Russian Federation on the structure of the executive bodies of state power of a subject of the Russian Federation).

14. Charters of municipal formations.

15. Some normative acts of local self-government bodies (for example, the rules of meetings of the representative body of local self-government, approved by its resolution).

4. NORMS, INSTITUTIONS AND SUB-SECTORS OF CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION. SCIENCE OF CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION

Rule of constitutional law in its traditional sense, it is a rule of conduct for the subjects of legal relations, expressed in the form of their rights and obligations. There are norms-principles, norms-definitions, norms-tasks, as well as regulatory (binding, empowering and prohibitive) and law enforcement norms of constitutional law.

There are usually the following sub-branches of constitutional law (and the most important legal institutions within these sub-sectors):

1. Parliamentary law (institutions of the law of legislative initiative, readings of a bill, adoption of a law, approval of a law, imposition of a "veto" by the head of state, deputy status, deputy request, etc.).

2. Judicial law (institutions for the appointment of judges, bodies of the judiciary, the status of judges, the removal of a judge into retirement, etc.).

3. Suffrage (institutions of election commissions, candidate registration, election campaigning, election financing, repeat voting, etc.).

4. Municipal law (institutions of forms of direct expression of the will of citizens, responsibility of bodies and officials of local self-government, financial and economic basis of local self-government, etc.).

5. There are also a number of legal institutions of constitutional law, which are usually not included in one or another sub-branch of constitutional law (for example, institutions for the revision of the Constitution of the Russian Federation, the Commissioner for Human Rights in the Russian Federation, etc.).

The science of constitutional law of the Russian Federation studies constitutional legislation, both domestic and foreign, as well as ways and possibilities of its optimization.

The developments of constitutionalists find their expression in practice, in particular, in the activities of the Constitutional Court of the Russian Federation, constitutional (charter) courts of the subjects of the Russian Federation. Most of the judges of these courts have academic degrees of doctors and candidates of legal sciences, are professors and associate professors of leading law schools (faculties).

5. THE CONCEPT AND SOCIAL VALUE OF THE CONSTITUTIONAL ORDER

constitutional order - a type of national system of law, in which the supremacy belongs to the constitution, that is, the basic law, adopted and changed in a special manner and having the highest legal force.

For the first time, the constitutional system is formed in the conditions of the bourgeois revolutions of the XNUMXth-XNUMXth centuries, in the countries of Western Europe and North America, when capitalist production and the bourgeois social order are rapidly developing. In this regard, there was an urgent need to introduce and consolidate political and other rights and freedoms of the individual, including formal legal equality before the law and the courts, equal citizenship, universal suffrage, etc. As a result of the social structuring of society, a representative elected legislative body (parliament) appears .

Signs of the modern constitutional order are the formal legal equality of citizens before the law and the court; recognition and consistent constitutional consolidation of the principle of separation of powers; priority of human and civil rights and freedoms; equal and single citizenship.

Under the conditions of the constitutional system, the state is limited by law in the interests of the individual and society.

At the present stage, the constitutional system is an integral attribute of a democratic state. Such a system of organization of power orients the state to the protection of the rights and freedoms of the individual.

The constitutional system establishes the necessity and possibility of participation of every citizen in the administration of the state, puts the state at the service of the law and legitimate interests of the individual.

It is with the help of the constitutional system that the state in its activities is forced to take into account the diverse public interests, while the state does not turn into a force that opposes society.

The constitutional system, along with human rights and democracy, should be attributed to the most important universal achievements of human civilization.

6. CONSTITUTION: ESSENCE, CONTENT, FORM AND FUNCTION. SUBJECT AND METHOD OF CONSTITUTIONAL REGULATION

The essence of the constitution - limiting state intervention in the affairs of society and the individual with the help of law.

The Constitution has its own specific normative content, which necessarily includes the following structural elements: the institution of human and civil rights and freedoms (constitutional status of the individual); institute of state (territorial) structure; institution (system) of state bodies; state symbols; mechanism for protecting the constitution. In the formal legal aspect, the constitution (charter, ordinance, code) is a special fundamental law of the state.

Usually, at the beginning of the text of the constitution, a declarative preamble of a political and moral introductory character is highlighted. The Constitution may be divided into parts, sections, chapters, articles, paragraphs, paragraphs, parts and subparagraphs of parts, sections, chapters, articles and paragraphs.

The content and form of the constitution are interdependent.

The form of the constitution in a narrow (formal-legal) aspect - the basic Law.

The form of the constitution in a broad (substantive) aspect - the entire normative structure that makes up the constitutional order of the country (all sources of norms of constitutional law).

From the essence of the constitution follow its main functions:

1. Social - is the social compromise that society has reached (social contract).

2. Political - reflects the fundamental influence of the constitution on the political sphere of public life (gives the state a legal form).

3. Legal - expresses social compromise in generally binding fundamental legal norms.

4. Constituent - has constituent power, establishing state legal institutions and relations.

The main social features of the constitution are legitimacy, reality, stability.

The main legal properties of the constitution are supremacy, supreme legal force, direct action.

The subject of constitutional regulation are social relations that arise in connection with the determination of the legal status of an individual and regarding the organization and exercise of state power, which are divided into the following semantic blocks:

1. Relations between society and the state (institutions of elections, referendum).

2. Relationships between the individual and the state (institutions of human and civil rights and freedoms, participation of citizens in public administration).

3. Relationships between government agencies, institutions and organizations.

4. Relationship between law and the state (legal restrictions on state power).

In constitutional law, common law methods permission, obligation, prohibition.

Most of the constitutional norms are stated in a general form (norms-principles), therefore, the method of constitutional law is also associated with the task of determining the general foundations (principles) of the state and the position of a person in society.

7. CONSTITUTIONAL AND LEGAL RESPONSIBILITY: CONCEPT AND MAIN FEATURES

The basis constitutional-legal liability is a violation of the norms of constitutional law.

Subjects constitutional and legal responsibility are state bodies (local governments) and officials.

Typical measure constitutional and legal responsibility - early termination of powers (removal from office) of a state body or local self-government body (official).

They also single out constitutional responsibility of a political nature, which occurs without the fault of the subject of responsibility (for example, an expression of no confidence in the government).

In Russia, legally there is no such form of legal liability as constitutional. At the same time, the Constitution of the Russian Federation provides for a mechanism for removing the President of the Russian Federation from office (although there is an element of criminal liability here), a typical constitutional and legal liability can be seen in the recently adopted Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (dissolution of an election commission for non-execution of a court decision or a decision of a higher election commission) and the Federal Law "On the Basic Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (early termination of the powers of the legislative (representative) body of state power of a subject of the Russian Federation and positions of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) in the event that they do not cancel (change) within a certain time an act recognized by the court as not complying with the normative clause legal act of higher legal force). A similar mechanism is provided for by the charters of a number of constituent entities of the Russian Federation.

8. CONSTITUTION OF THE RSFSR 1918 CONSTITUTION OF THE USSR 1924

First constitutional act The Soviet state was adopted in January 1918 by the Declaration of the Rights of the Working and Exploited People, later incorporated into the text Constitution of the RSFSR of 1918 The Constitution of the RSFSR established the dictatorship of the working class and the poorest peasantry, established Soviet power (councils of workers', peasants', laborers' and soldiers' deputies). The exploiters were supposed to be eliminated as a class. A course was taken for a world revolution - the creation of a world Soviet socialist republic. The electoral system was also purely class-based (for example, persons who used hired labor, businessmen, former gendarmerie employees and members of the royal family were deprived of voting rights), suffrage was unequal (in favor of the workers - the hegemon of the revolution - before the peasants). The deputies of the higher councils were elected by the deputies of the lower ones from among themselves. By abolishing the exploitation of man by man, the Constitution of the RSFSR of 1918 actually introduced the exploitation of man by the state. At the same time, the Constitution of the RSFSR of 1918 turned out to be the first fundamental law in the history of domestic law, which had a significant impact on society and political and legal thought. Thus, for the first time, the republican form of government and the federal form of government of the Russian state were constitutionally fixed, which have been preserved to this day. Despite the class character of the electoral procedures, for the first time huge masses of people were involved in them.

On January 31, 1924, the All-Union Congress of Soviets adopted first constitution of the USSR, union government bodies were established, and powers were delineated between them and the government bodies of the union republics. The Constitution consisted of two parts - the Declaration on the Formation of the USSR and the Treaty on the Formation of the USSR. In it, the USSR was proclaimed as a free and voluntary union of sovereign and equal republics, and the latter were recognized as having the right to secession (free secession from the USSR). The supreme body of state power of the USSR was declared to be the All-Union Congress of Workers' and Peasants' Deputies, forming the All-Union Central Executive Committee (VTsIK), which was led by the bicameral Presidium of the All-Union Central Executive Committee. The congress also formed the executive structure (Soviet government) - the Council of People's Commissars (SNK). There were union, union-republican and republican people's commissariats (sectoral bodies of government). To resolve the most important disputes about law, the Supreme Court of the USSR was established, which was also endowed with the right of constitutional supervision in relation to regulatory legal acts of state authorities of the Union republics. The status of the Soviet intelligence service - the United State-Political Directorate - was constitutionally enshrined. The subjects of jurisdiction and powers between the union and republican bodies of government in the USSR were delimited.

9. CONSTITUTION OF THE USSR 1936 CONSTITUTION OF THE RSFSR 1937

In 1936, the next All-Union Congress of Soviets (after preliminary approval by the Plenum of the Central Committee of the All-Union Communist Party (Bolsheviks) and personally by I.V. Stalin) approved a new The Constitution of the USSR, called "Stalinist". In the new Constitution of the USSR, elements of declarativeness were minimized and the progressive development of Soviet constitutionalism was enshrined. The official social basis of Soviet power was expanded - all workers were included in it, and therefore councils at all levels (except for the union and republican) were renamed councils of workers' deputies. Supreme councils were created at the republican and union levels. The highest body of state power of the Soviet Union became the bicameral Supreme Council of the USSR - a permanent representative body elected directly by all citizens. One chamber was formed on a territorial basis (the Council of the Union), the other on a national basis (the Council of Nationalities). Deputies of the councils worked without interruption from their main place of work, so the councils (including the Supreme Council of the USSR) met sessionally. The Supreme Council of the USSR, from among its members, formed a truly permanent Presidium of the Supreme Council of the USSR, which issued decrees on current issues that actually had the force of law.

In the Constitution of the USSR of 1936, a separate chapter appeared on the rights and obligations of citizens (rights were assigned only to Soviet citizens). A block of socio-economic rights, equality of citizens was fixed. The working people of the country were declared to be the bearers of state power, exercising it through the soviets of working people's deputies. Formally, the rather democratic Stalinist Constitution covered the monstrous repressions of the totalitarian regime against the Soviet people. The Soviet state considered a citizen (and the rights granted to him) as a derivative of himself, having lost citizenship (and the deprivation of Soviet citizenship was carried out not on the basis of a court decision, but by decree of the Presidium of the Supreme Soviet of the USSR), a person was deprived of all rights and legal status as such. Political rights could only be used in the interests of the Soviet government. The Communist Party was declared the vanguard of the working people and the leading link in all public and state organizations (in fact, one of the political parties became state-owned). Socialist property received priority protection from the state. Treason to the motherland, interpreted in the criminal law very broadly, was recognized as the gravest atrocity. Extrajudicial forms of reprisals were practiced (through the People's Commissariat of Internal Affairs of the Russian Federation). Since 1936, in connection with the adoption of the Stalinist Constitution, a new public holiday appeared in the USSR - Constitution Day.

In 1937, following the model and likeness of the Stalinist Constitution of the USSR of 1936, a new Constitution of the RSFSR was adopted. The Supreme Soviet of the RSFSR also became bicameral.

10. CONSTITUTION OF THE USSR 1977 CONSTITUTION OF THE RSFSR 1978 THE PERESTROIKA PERIOD

In 1977 was adopted Brezhnev's Constitution of the USSR (the constitution of "developed socialism"). The USSR was declared a nationwide state. A new social community was constitutionally recognized - a single Soviet people. Accordingly, in 1978 a new Constitution of the RSFSR was adopted, which was in force (with numerous amendments and additions) until 1993.

The Soviets received a new name - Soviets of People's Deputies. The Communist Party of the Soviet Union was declared the leading and guiding force of Soviet society, the core of the political system. In fact, the Constitution of the USSR, due to the abundance of program norms, was not considered as a legal law of direct action (rather as a political program). The chapter "Fundamental Rights, Freedoms and Duties of Citizens" first lists the socio-economic and cultural rights, and only then - the political and personal rights of citizens. Political rights are conditioned by their use only for the purpose of developing and strengthening the socialist system. There is a possibility of judicial protection of rights, compensation for damage, appeal to the court of actions of state bodies and their officials. The defense of the Fatherland was seen as a "sacred duty" of the individual. The spirit of the Constitution as a whole emphasized that the state determines the position of the individual, and not vice versa. The USSR Constitution of 1977 established state arbitration.

In 1988, during the period of perestroika, significant changes were made to the Constitution of the USSR. The electoral system was democratized, elections to the councils of people's deputies became alternative. The Congress of People's Deputies of the USSR became the supreme body of state power, and the Committee for Constitutional Supervision of the USSR was established. The first alternative election campaign for the election of deputies of the First Congress of People's Deputies of the USSR took place in the spring of 1989. 750 people's deputies were elected by territorial districts, 750 - by national-territorial districts, 750 - from public organizations (which clearly contradicted the constitutional principles of suffrage, later this system no longer used). Laws of the USSR were adopted on the referendum of the USSR, the Committee for Constitutional Supervision of the USSR, the procedure for appealing to the court against illegal actions of state bodies and their officials.

In 1990, the post of the President of the USSR was established, which was due to the actual liquidation of the CPSU monopoly on political power in the country, the III Congress of People's Deputies of the USSR elected General Secretary of the Central Committee of the CPSU M.S. Gorbachev.

Political and economic pluralism was introduced. In fact, the citizen's right to free enterprise was recognized. The President of the USSR was declared the head of state; the Vice-President of the USSR, the Presidential Council, and the Federation Council acted under him; the possibility of introducing direct presidential rule in part of the territory of the USSR was provided for.

11. A period of perestroika. ADOPTION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION 1993

In 1990, laws of the USSR were adopted on the citizenship of the USSR (the practice of depriving Soviet citizenship by decree of the Presidium of the Supreme Soviet of the USSR was stopped), on the principles of delimitation of powers between the USSR and the union republics, on the procedure for secession of a union republic from the USSR.

In 1991, a new Union Treaty was being prepared for signing, but the plans for its adoption were not destined to come true. In fact, in 1991 the USSR began to fall apart, turning into a confederal structure. In the spring of 1991, at a referendum, the citizens of the USSR spoke in favor of preserving the USSR as a single state. Meanwhile, centrifugal tendencies were intensifying. In August 1991, the nomenklatura union elite, headed by the Vice-President of the USSR G. Yanaev, went on a putsch - an extra-constitutional State Committee for the State of Emergency of the USSR was created, but the putsch was suppressed by the Russian authorities, headed by the President of the RSFSR elected on June 12, 1991 B .N. Yeltsin. In September 1991, the Baltic republics (Estonia, Latvia, Lithuania) left the USSR, in December 1991 the Soviet Union ceased to exist at all, on its ruins, at the initiative of the leadership of Russia, Belarus and Ukraine, the CIS was created.

Back in the spring of 1990, on the basis of alternative elections, the First Congress of People's Deputies of the RSFSR was formed, which on June 12, 1990 adopted the Declaration on State Sovereignty of the RSFSR, then amendments to the Constitution of the RSFSR were adopted, as a result of the referendum of the RSFSR (March 1991), the post President of the RSFSR. In April 1991, the laws of the RSFSR on the President of the RSFSR and the election of the President of the RSFSR were adopted. In June 1991, Chairman of the Supreme Soviet of the RSFSR B.N. Yeltsin. Political pluralism and pluralism of forms of ownership in the RSFSR were constitutionally fixed. In 1991 the Constitutional Court of the RSFSR was established. At the same time, the Constitution of the RSFSR did not consistently proclaim the principle of separation of powers, which provoked a conflict between the Supreme Council of the Russian Federation and the President of the Russian Federation in 1992-1993 On March 31, 1992, in order to avoid the collapse of Russia, the Federal Treaty was signed in Moscow.

In September 1993, the President of the Russian Federation dissolved the Congress of People's Deputies of the Russian Federation, the Supreme Council of the Russian Federation and scheduled elections to the Federal Assembly of the Russian Federation for December 1993.

December 12, 1993 At the national referendum, the Constitution of the Russian Federation was adopted, at the same time deputies of the State Duma and members of the Federation Council (they were elected in the first convocation) of the Federal Assembly of the Russian Federation were elected for 2 years. In 1994, a new FKZ "On the Constitutional Court of the Russian Federation" was adopted.

With the adoption in 1993 of the new Constitution of the Russian Federation, the constitutional reform did not end, but moved to another stage, the adoption of new FKZ and FZ began, supplementing and developing the constitutional provisions. New constitutional and legal institutions were created, such as, for example, the institution of the Commissioner for Human Rights in the Russian Federation.

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.

13. CONSTITUTIONAL PRINCIPLES OF A SOCIAL AND LEGAL STATE, SEPARATION OF POWERS

The Constitution of the Russian Federation (Article 7) determines that the Russian Federation is a social state, i.e. the policy of the state is aimed at creating conditions that ensure a decent life, namely, the state protects the work and health of people, establishes and guarantees the minimum wage, provides state support families, motherhood, fatherhood and childhood, disabled and elderly citizens, develops a system of social services, establishes state pensions and benefits, and other guarantees of social protection of citizens.

The Constitution of the Russian Federation (Article 1) determines that the Russian Federation is a legal state. The concept of the rule of law is multidimensional and includes, in particular, the priority of human and civil rights and freedoms, the separation of powers, the supremacy of the Constitution of the Russian Federation and federal legislation, the inclusion of generally recognized principles and norms of international law and international treaties of the Russian Federation in the Russian legal system.

The principle of separation of powers enshrined in Art. 10 of the Constitution of the Russian Federation: state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Separately, it is noted that the legislative, executive and judicial authorities are independent.

The President of the Russian Federation is not included in any of the three indicated branches of state power, being the head of state, forming (together with the Administration of the President of the Russian Federation, the Security Council of the Russian Federation and other similar structures) a special "presidential power".

1. Laws have the highest legal force and are adopted only by legislative (representative) bodies (the Federal Assembly of the Russian Federation and legislative (representative) bodies of state power of the constituent entities of the Russian Federation).

2. The implementation of laws is carried out by executive authorities, accountable to the head of state and, in some respects, to parliament.

3. Between the legislative and executive bodies, a balance of powers is ensured, which excludes the transfer of the center for making state-power decisions, and even more so the entirety of state power, to one of the indicated branches of state power in the Russian Federation.

4. Judicial bodies are independent, act independently, within the limits of their competence.

5. None of the three branches of state power should interfere with the prerogatives of another branch, much less merge with it.

6. Disputes about competence are resolved within the framework of the relevant legal procedure by the Constitutional Court of the Russian Federation.

The specific content of the principle of separation of powers in Russian conditions includes the following.

It should be noted that the division of state power and, accordingly, state authorities in Russia is carried out not only horizontally, but also vertically - into federal state authorities and state authorities of the constituent entities of the Russian Federation.

At the level of local self-government, the principle of separation of powers is not implemented.

14. SOVEREIGNTY OF THE PEOPLE OF THE RUSSIAN FEDERATION AND THE RIGHT TO SELF-DETERMINATION OF THE PEOPLES OF THE RUSSIAN FEDERATION. STATE SOVEREIGNTY

As follows from the preamble of the Constitution of the Russian Federation (“We, the multinational people of the Russian Federation ... accept the Constitution of the Russian Federation”), as well as from Part 1 of Art. 3 of the Constitution of the Russian Federation (“the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people”), in Russia at the constitutional level it is proclaimed and recognized principle of popular sovereignty, the people (i.e. the entire population of Russia - the totality of citizens and other persons permanently residing on the territory of the Russian Federation) are the supreme sovereign; in this aspect, the multinational people of Russia appear as a single constitutional and legal subject of a special kind.

At the same time, in the Constitution of the Russian Federation, the concept of "people" is also used in another sense - as a historically established social community, self-identifying itself as such, united according to national, territorial, everyday, linguistic and other characteristics (for example, indigenous peoples of the Far North) . In this sense, in accordance with Part 3 of Art. 5 of the Constitution of the Russian Federation, the peoples in the Russian Federation are recognized as equal in rights and the right to self-determination (i.e., influence on the process of public administration). It should be noted that the right to self-determination is not sovereignty, the bearer of which is only the entire multinational people of the Russian Federation. The forms of national self-determination in the Russian Federation, in particular, are the subjects of the Russian Federation formed on a national basis, i.e. republics, autonomous districts and autonomous regions, as well as national-cultural autonomy, special forms of self-government of indigenous peoples. At the same time, secession (that is, the withdrawal of a subject of the Russian Federation from the Federation) is not allowed.

As follows from Art. 4 of the Constitution of the Russian Federation, state sovereignty of the Russian Federation extends to its entire integral and inviolable territory, in particular, the Constitution of the Russian Federation and federal legislation have supremacy throughout the entire territory of the Russian Federation. The subjects of the Russian Federation do not have state sovereignty. This was confirmed, in particular, by the decision of the Constitutional Court of the Russian Federation of June 7, 2000 No. 10P, which recognized the provision of the Constitution of the Republic of Altai on the sovereignty of this subject of the Russian Federation as inconsistent with the Constitution of the Russian Federation. This position was also confirmed in other decisions of the Constitutional Court of the Russian Federation. The Constitution of the Russian Federation does not allow the existence of two levels of state sovereignty in a single system of state power in the Russian Federation.

Article 67 of the Constitution of the Russian Federation determines that the territory of the Russian Federation includes the territories of the constituent entities of the Russian Federation, internal waters and the territorial sea, and the airspace above them. Russia also has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive economic zone in the manner determined by the norms of international law and federal legislation.

15. THE PRINCIPLE OF DEMOCRACY IN THE RUSSIAN FEDERATION. REPRESENTATIVE BODIES OF STATE POWER. THE RIGHT OF LEGISLATIVE INITIATIVE IN THE RUSSIAN FEDERATION AND THE SUBJECTS OF THE RUSSIAN FEDERATION

As noted in Art. 3 of the Constitution of the Russian Federation, the multinational people of Russia, who are the only source of power in Russia, exercise their power both directly (through referendums and free elections) and through representation in government bodies and local self-government.

According to the traditional point of view, representative bodies of state power are those elected bodies that are engaged in lawmaking, i.e., the Federal Assembly of the Russian Federation and the legislative (representative) bodies of state power of the constituent entities of the Russian Federation.

Sometimes, in addition to those indicated, all other elected bodies (that is, also the President of the Russian Federation and the highest official (head of the highest executive body of state power) of a constituent entity of the Russian Federation) are referred to as representative bodies of state power.

Representative bodies are also necessarily formed in the system of local self-government bodies.

The right of legislative initiative at the federal level have the President of the Russian Federation, the Federation Council as a whole, members of the Federation Council separately, deputies of the State Duma, the Government of the Russian Federation, legislative (representative) bodies of state power of the subjects of the Russian Federation, as well as the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on matters within their jurisdiction .

Bills on the introduction (cancellation) of taxes, exemption from their payment, on the issuance of state loans, on changing the financial obligations of the state, other bills providing for expenses covered from the federal budget, can only be introduced if there is a conclusion of the Government of the Russian Federation (part 3 of Art. 104 of the Constitution of the Russian Federation).

The right of legislative initiative at the level of the subject of the Russian Federation without fail belongs to the deputies of the legislative (representative) body of state power of a subject of the Russian Federation, the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation), representative bodies of local self-government formed on the territory of this subject of the Russian Federation. The range of subjects of legislative initiative at the level of a constituent entity of the Russian Federation can be expanded by the constitution (charter) of a constituent entity of the Russian Federation (Article 6 of the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation"). This right is often granted to judicial bodies (in particular, the constitutional (charter) court of a constituent entity of the Russian Federation), some other bodies and officials (in particular, the Commissioner for Human Rights of a constituent entity of the Russian Federation).

16. LEGISLATIVE PROCESS AT THE FEDERAL LEVEL

The subject of the legislative initiative submits the bill to the State Duma.

Then the draft is discussed in the profile committee of the State Duma, if necessary, parliamentary hearings (“zero reading”) are held on it, and a legal examination of the bill is also carried out. Then the bill is adopted (rejected) in the first reading, if adopted, it is finalized, work is underway on the proposed amendments, which are accepted (rejected) in the second reading, after that the text of the bill is edited, then it is adopted as a whole in the third reading.

Bills on the federal budget are adopted in four readings. In each of the readings, the bill is adopted by an ordinary majority of votes from the total number of deputies of the State Duma (at least 226 votes). The Federal Law adopted by the State Duma is submitted to the Federation Council for consideration within 5 days. There it is worked out in the profile committee (permanent commission). The Federation Council within 14 days approves (rejects) the Federal Law adopted by the State Duma. If within 14 days the Federation Council has not considered the Federal Law adopted by the State Duma, it is considered approved by the Federation Council, except for federal laws on the federal budget, federal taxes and fees, financial, currency, credit, customs regulation, money emission, ratification and denunciation of international treaties RF, status and protection of the state border of the Russian Federation, war and peace.

If the Federation Council rejects a federal law adopted by the State Duma, a conciliation commission may be created with the participation of members of the Federation Council and deputies of the State Duma, designed to create a compromise text of the bill, which will again go through all readings in the State Duma, or the veto of the Federation Council may be overcome by the lower house if at least ²/₃ deputies of the State Duma. The adopted Federal Law (after approval by the Federation Council) is sent to the President of the Russian Federation within 5 days for signing and promulgation (he has 14 days for this). The President of the Russian Federation has the right not to sign the adopted Federal Law (to veto it), in which case either the chambers of the Federal Assembly of the Russian Federation adopt a new Federal Law, or override the presidential veto, i.e. ²/3 deputies of the State Duma and not less than ²/3 members of the Federation Council. In the latter case, the adopted Federal Law must be signed and promulgated by the President of the Russian Federation within 7 days.

FKZ must be adopted at least ²/3 deputies of the State Duma, approved by at least ³/₄ members of the Federation Council. The adopted FKZ must be signed and promulgated by the President of the Russian Federation within 14 days.

17. CONSTITUTIONAL STATUS OF THE EXECUTIVE POWER IN THE RUSSIAN FEDERATION

The unified system of executive power in the Russian Federation, in accordance with the Federal Law "On the Government of the Russian Federation", is headed by the Government of the Russian Federation, which operates on the basis of the Constitution of the Russian Federation, federal legislation, regulatory decrees of the President of the Russian Federation, guided by the principles of the supremacy of the Constitution of the Russian Federation and federal legislation, democracy, federalism, separation of powers, publicity and ensuring the rights and freedoms of man and citizen. The Government of the Russian Federation directs the work of federal ministries and other federal executive bodies (federal services, federal agencies), controls their activities. A number of departments report directly to the President of the Russian Federation (Ministry of Internal Affairs of the Russian Federation, Ministry of Foreign Affairs of the Russian Federation, etc.). Federal executive authorities have the right to create their own territorial bodies in the constituent entities of the Russian Federation (federal districts).

The Government of the Russian Federation, in addition to the Chairman and his deputies, includes federal ministers - heads of federal ministries, the main federal bodies of state power. A member of the Government of the Russian Federation with the rank of a federal minister is also the head of the apparatus of the Government of the Russian Federation. Federal ministers may also head other federal executive bodies. The Deputy Prime Minister of the Russian Federation and federal ministers are appointed and dismissed by the President of the Russian Federation (candidates may be proposed by the Prime Minister of the Russian Federation). Heads of federal executive bodies who are not federal ministers are appointed and dismissed by the Government of the Russian Federation.

The system and structure of federal executive bodies is determined by the President of the Russian Federation. Currently, the relevant Decree of the President of the Russian Federation of March 9, 2004 No. 314 is in force, with subsequent changes and additions.

Federal executive authorities and executive authorities of the subjects of the Russian Federation form a unified system of executive power on issues of the exclusive jurisdiction of the Russian Federation and issues of joint jurisdiction of the Russian Federation and subjects of the Russian Federation. On matters of exclusive jurisdiction of the constituent entities of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation act independently. For example, when managing the federal property transferred to them, the relevant executive authorities of the constituent entities of the Russian Federation are subordinate to the federal executive authorities of the Russian Federation, and when managing the state property of a constituent entity of the Russian Federation, the relevant executive authority of the constituent entity of the Russian Federation acts independently, in accordance with the legislation of this constituent entity of the Russian Federation.

In the subjects of the Russian Federation, the highest executive body of state power of the subject of the Russian Federation is created, which manages other executive bodies of state power of the subject of the Russian Federation (both sectoral and territorial). If a position of the highest official of a subject of the Russian Federation is established in a subject of the Russian Federation (which is done in the vast majority of subjects of the Russian Federation), then he heads the highest executive body of state power of the corresponding subject of the Russian Federation.

18. CONSTITUTIONAL MECHANISM FOR PROVIDING THE RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN IN THE RUSSIAN FEDERATION

The rights and freedoms of man and citizen, as follows from Art. 2 of the Constitution of the Russian Federation, are the highest social value.

Constitutionally (Part 1, Article 45 of the Constitution of the Russian Federation) state protection of the rights and freedoms of man and citizen is guaranteed. The guarantor of the rights and freedoms of man and citizen on behalf of the state is its head - the President of the Russian Federation.

Separately (Article 46 of the Constitution of the Russian Federation), judicial protection of the rights and freedoms of man and citizen is constitutionally guaranteed, decisions and actions (inaction) of state authorities and local self-government, public associations, officials can be appealed to the court. Moreover, if all available domestic remedies have been exhausted, there is the possibility of applying (in accordance with the international treaties of the Russian Federation) to interstate bodies for the protection of human rights and freedoms (for example, the European Court of Human Rights or the UN Human Rights Committee).

Everyone has the right to protect their rights and freedoms by all legal means. For example, in accordance with Art. 37 of the Criminal Code of the Russian Federation, it is allowed (in a state of necessary defense) to cause harm to a person who infringes on the personality and rights of the defender (other persons), the legally protected interests of society and the state (taking into account the nature and danger of the specified encroachment).

In accordance with Art. 52 and 53 of the Constitution of the Russian Federation, the state provides victims of crimes and abuses of power with access to justice and compensation for the damage caused, everyone has the right to compensation by the state for harm caused by illegal actions (inaction) of public authorities or their officials.

In Russia, laws should not be issued that abolish (diminish) the rights and freedoms of man and citizen (Part 2, Article 55 of the Constitution of the Russian Federation).

19. PRINCIPLES OF SUPERIORITY AND DIRECT APPLICATION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION

In accordance with Art. 15 of the Constitution of the Russian Federation, 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, state authorities, local governments, officials, citizens and their associations are required to comply with the Constitution of the Russian Federation .

The rights and freedoms of man and citizen directly operate (Article 18 of the Constitution of the Russian Federation).

In the resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 No. 8 "On some issues of the application of the Constitution of the Russian Federation by the courts in the administration of justice" it is noted that the court, resolving the case, directly applies the Constitution of the Russian Federation, in particular:

a) when the provisions enshrined in the Constitution of the Russian Federation, based on its meaning, do not require additional regulation and do not contain an indication of the possibility of its application subject to the adoption of a federal law regulating the rights, freedoms, duties of a person and a citizen and other provisions;

b) when the court comes to the conclusion that the Federal Law, which was in force on the territory of the Russian Federation before the entry into force of the Constitution of the Russian Federation, contradicts it;

c) when the court comes to the conclusion that the Federal Law, adopted after the entry into force of the Constitution of the Russian Federation, is in conflict with the relevant provisions of the Constitution;

d) when a law or other normative legal act adopted by a constituent entity of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation contradicts the Constitution of the Russian Federation, and there is no federal law that should regulate the legal relations considered by the court.

In accordance with the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", an act or part thereof, recognized by the Constitutional Court of the Russian Federation as inconsistent with the Constitution of the Russian Federation, shall not be applied. In the event that a gap in the law is formed as a result of such a decision, the Constitution of the Russian Federation is subject to direct application.

20. POLITICAL SYSTEM (PS) RF: PRINCIPLES OF CONSTITUTIONAL REGULATION. LEGAL STATUS OF A POLITICAL PARTY

PS subjects - citizens with political rights, public associations (primarily political parties), the state.

Such principles of regulation of PS as ideological diversity (parts 1 and 2 of article 13 of the Constitution of the Russian Federation), political pluralism (part 3 of article 13 of the Constitution of the Russian Federation), equality of public associations before the law (part 4 of article 13 of the Constitution of the Russian Federation) are constitutionally enshrined. ), a ban on the creation and activities of public associations dangerous to society and the state (part 5 of article 13 of the Constitution of the Russian Federation).

In more detail, the legal status of political parties is determined by the Federal Law "On Political Parties".

Separately, among public associations, political parties are distinguished, created for the 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, elections and referendums, representation of the interests of citizens in state authorities and local self-government.

Basic requirements for a political party: regional offices in more than half of the constituent entities of the Russian Federation; at least 50 thousand members. The ban on the creation of regional parties and the limitation of the minimum number of party members were recognized as consistent with the Constitution of the Russian Federation by a resolution of the Constitutional Court of the Russian Federation dated February 1, 2005 No.

The activities of political parties are based on the principles of voluntariness, equality, self-government, legality and publicity.

A political party is created freely, subject to state registration as a legal entity (public association). In addition to the charter, a political party must have a program that defines the principles of the activities of a political party, its goals and objectives, methods for achieving goals and solving problems.

Only able-bodied citizens of the Russian Federation who have reached the age of 18 can be members of a political party.

In the event of a successful performance of a political party in the elections (they scored at least 3% in the elections of deputies of the State Duma in a federal electoral district, or at least 12 deputies were elected in single-mandate districts to the State Duma, or a candidate nominated by the party for the President of the Russian Federation won at least 3% of the votes ) a political party has the right to receive state financial support (from the federal budget).

Only a political party (out of all types of public associations) has the right to independently nominate candidates (lists of candidates) for deputies and other elective positions in government bodies (this rule came into force in the summer of 2003).

A political party may be liquidated by decision of the highest governing body or (in some cases) by decision of the Supreme Court of the Russian Federation.

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.

22. PROCEDURE FOR ADOPTING AND AMENDING THE CONSTITUTION OF THE RUSSIAN FEDERATION

Proposals for amendments and revision of the provisions of the Constitution of the Russian Federation may be submitted by the President of the Russian Federation, the chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the legislative (representative) bodies of state power of the constituent entities of the Russian Federation, a group of at least ¹/₅ deputies of the State Duma (members of the Federation Council). Amendments (to Chapters 3-8 of the Constitution of the Russian Federation) are adopted in the manner prescribed for the adoption of federal constitutional laws, come into force after approval by the legislative (representative) bodies of state power for at least ²/₃ subjects of the Russian Federation.

In this order, the provisions of Ch. 1, 2 and 9 of the Constitution of the Russian Federation; if, nevertheless, the proposal to revise them is supported ³/₅ votes of deputies of the State Duma and members of the Federation Council, then the Constitutional Assembly of the Russian Federation is convened (in accordance with the federal constitutional law, which has not yet been adopted). This body either confirms the invariance of the Constitution of the Russian Federation, or develops a draft of a new Constitution of the Russian Federation, which is adopted ²/ 3 members of the Constitutional Assembly of the Russian Federation, after which it is submitted to a popular vote, where it can be adopted by a majority vote of citizens.

Changes to Art. 65 of the Constitution of the Russian Federation (nominal composition of the subjects of the Russian Federation) are introduced on the basis of the federal constitutional law on the adoption in the Russian Federation of a new subject of the Russian Federation (the formation of a new subject of the Russian Federation within the Russian Federation), on changing the constitutional and legal status of the subject of the Russian Federation. If the name changes (but not the constitutional and legal status of the subject of the Russian Federation), such a change is made to the text of Art. 65 of the Constitution of the Russian Federation by decree of the President of the Russian Federation at the request of the relevant subject of the Russian Federation.

For the entire period of the Constitution of the Russian Federation (since 1993), only amendments were made to Part 1 of Art. 65 of the Constitution of the Russian Federation (decrees of the President of the Russian Federation in connection with changes in the names of several subjects of the Russian Federation).

23. STATE SYMBOLS AND LEGAL STATUS OF THE CAPITAL OF THE RUSSIAN FEDERATION

State symbols of the Russian Federation are the State Flag of the Russian Federation (in 2000 adopted by the Federal Law "On the State Flag of the Russian Federation"), the State Emblem of the Russian Federation (in 2000 adopted by the Federal Law "On the State Emblem of the Russian Federation") and the National Anthem of the Russian Federation (in 2000 adopted by the Federal Law "On the State Anthem of the Russian Federation).

State flag of the Russian Federation It is a rectangular panel of three equal horizontal stripes: the top one is white, the middle one is blue and the bottom one is red. The ratio of the flag's width to its length is 2:3.

It is raised on the buildings of state bodies and local governments, on public holidays it is hung out on other buildings and residential buildings. The State Flag of the Russian Federation is also flown at diplomatic and other official representative offices (consular offices) of the Russian Federation abroad, residences of their heads, on Russian sea and river vessels (on aircraft and space vessels - the image of the State Flag of the Russian Federation), as well as on foreign ships located in internal waters of the Russian Federation (at the parking lot in the Russian port). It is installed in the meeting rooms of the chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, public authorities of the constituent entities of the Russian Federation, courts, etc.

State Emblem of the Russian Federation It is a quadrangular, with rounded lower corners, a red heraldic shield pointed at the tip with a golden double-headed eagle, which raised its spread wings. The eagle is crowned with two small crowns and - above them - one large crown, connected by a ribbon. In the right paw of the eagle is a scepter, in the left - orb. On the chest of the eagle, in a red shield, there is a silver horseman in a blue cloak on a silver horse, striking with a silver spear a black dragon overturned and trampled on his horse. It is placed on forms of official documents of state bodies, on identity documents of a citizen of the Russian Federation, and other documents, on the facades of a number of buildings of state bodies, in the offices of a number of senior officials, in the meeting rooms of the chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, courts, state bodies authorities of the constituent entities of the Russian Federation, representative bodies of local self-government, on banners, warships, state awards of the Russian Federation, banknotes, etc.

Abuse over the State Flag of the Russian Federation or the State Emblem of the Russian Federation is a crime under the Criminal Code of the Russian Federation.

In 2001, the text of the National Anthem of the Russian Federation was approved (lyrics by S.V. Mikhalkov).

State anthem of the Russian Federation performed when the President of the Russian Federation, other officials take office, during the official ceremony of hoisting the State Flag of the Russian Federation and other state ceremonies, at the opening and closing of sessions of the State Duma and meetings of the Federation Council, during military rituals, and other solemn events.

Status of the capital of the Russian Federation - the city of Moscow - determined by the Law of the Russian Federation "On the status of the capital of the Russian Federation". In the capital of the Russian Federation there are federal government bodies, representative offices of the constituent entities of the Russian Federation, diplomatic missions of foreign states in the Russian Federation.

24. FEDERAL AUTHORITIES OF THE RUSSIAN FEDERATION

System of public authorities - an interconnected set of subjects specially created by the state to perform its functions and endowed with authority for this.

According to the level of their activities, state authorities in the Russian Federation are divided into federal state authorities and state authorities of the constituent entities of the Russian Federation.

Federal bodies of state power include (Part 1, Article 11 of the Constitution of the Russian Federation) the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other federal courts.

Federal legislature of government - The Federal Assembly of the Russian Federation - consists of two chambers: the Federation Council and the State Duma. The Federal Assembly of the Russian Federation has the exclusive right to adopt the FKZ, the Federal Law, laws on amendments to the Constitution of the Russian Federation, and is also vested with some other powers in accordance with the Constitution of the Russian Federation and federal legislation (for example, appointing members of the Central Election Commission of the Russian Federation).

The highest federal executive body is the Government of the Russian Federation, consisting of the Chairman of the Government of the Russian Federation appointed by the President of the Russian Federation (with the consent of the State Duma), deputies of the Chairman of the Government of the Russian Federation and federal ministers (heads of federal ministries). The Government of the Russian Federation manages the activities of federal executive bodies - federal ministries, state committees, federal services, federal agencies, federal commissions, federal supervision. Federal executive authorities act on the principles of both collegiality (the Government of the Russian Federation) and unity of command (federal ministry).

federal courts form three independent systems: RF Constitutional Court; courts of general jurisdiction headed by the Supreme Court of the Russian Federation; arbitration courts headed by the Supreme Arbitration Court of the Russian Federation.

There are also a number of federal state bodies with a special status (the Prosecutor's Office of the Russian Federation, the Central Bank of the Russian Federation, the Accounts Chamber of the Russian Federation, etc.).

25. FEDERAL GOVERNMENTS WITH SPECIAL STATUS

Prosecutor's Office of the Russian Federation, headed by the Prosecutor General of the Russian Federation. The Prosecutor General is appointed and dismissed by the Federation Council on the recommendation of the President of the Russian Federation.

The issue of the national currency of the Russian Federation is carried out exclusively the Central Bank of the Russian Federation - the federal monetary authority. The Chairman of the Central Bank of the Russian Federation is appointed and dismissed by the State Duma on the proposal of the President of the Russian Federation. The Central Bank of the Russian Federation is not subordinate to the Government of the Russian Federation, although it acts in close cooperation with it. Federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation and local governments do not have the right to interfere in the activities of the Central Bank of the Russian Federation in the implementation of its constitutionally and legally fixed functions and powers. Normative legal acts of the Central Bank of the Russian Federation are obligatory for all subjects.

Commissioner for Human Rights in the Russian Federation (federal ombudsman), appointed by the State Duma and acting on the basis of a special FKZ (1997). It is called upon to provide guarantees of state protection of the rights and freedoms of citizens, from which it follows that in the exercise of its functions it must remain independent and not accountable to any state bodies, local governments, their officials, public associations.

Central Election Commission of the Russian Federation supervises the activities of lower election commissions (in particular, election commissions of constituent entities of the Russian Federation), ensures the holding of elections and referendums at the federal level. The CEC of the Russian Federation consists of 15 voting members appointed by the State Duma, the Federation Council and the President of the Russian Federation (5 members each). The instructions and clarifications issued by the CEC are obligatory for all election commissions in the Russian Federation, in essence they are of a normative nature, regulating various areas of preparation and conduct of elections in the Russian Federation. The special status of the CEC of the Russian Federation is also manifested in the complete absence of control and accountability of this federal state body to any state authority, local government, public association, official.

The permanent federal body of parliamentary control over the execution of the budget and the procedure for spending budgetary funds is Accounts Chamber of the Russian Federation. The Chairman and Deputy Chairman of the RF Federal Assembly are appointed by the corresponding chambers of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation, who also submits to the corresponding chambers of the RF Federal Assembly proposals for the dismissal of the Chairman of the RF Federal Assembly and his deputy. Half of the auditors of the RF SP, including its Chairman, are appointed by the State Duma. The remaining half, including the deputy chairman, are appointed by the Federation Council. The SP of the Russian Federation ensures parliamentary control over the implementation of the Federal Law on the country's federal budget for the current financial year.

26. STATE AUTHORITIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION

A single legislative (representative) body of state power of a constituent entity of the Russian Federation is created in a constituent entity of the Russian Federation, which adopts laws of a constituent entity of the Russian Federation, as well as other powers vested in it by federal legislation, the constitution (charter) and legislation of a constituent entity of the Russian Federation (for example, appointing half of the members of the election commission subject of the Russian Federation). In most constituent entities of the Russian Federation, there are unicameral legislative (representative) bodies of state power (although in the Sverdlovsk region and some other constituent entities of the Russian Federation, these bodies are bicameral).

In the subject of the Russian Federation, executive bodies of state power are created, headed by the highest executive body of state power of the subject of the Russian Federation. The head of the highest executive body of state power of a constituent entity of the Russian Federation is the highest official of a constituent entity of the Russian Federation, represents the constituent entity of the Russian Federation outside (in particular, in relations with the federal center and other constituent entities of the Russian Federation). The highest official of a constituent entity of the Russian Federation signs the laws of a constituent entity of the Russian Federation, has the right to initiate legislation, and exercises the powers vested in him by federal legislation, the constitution (charter) and legislation of a constituent entity of the Russian Federation.

In the constituent entity of the Russian Federation, judicial bodies of state power are also being created, which include justices of the peace (judges of general jurisdiction of the constituent entities of the Russian Federation) and constitutional (charter) courts of the constituent entities of the Russian Federation. The constitutional (charter) courts of the subjects of the Russian Federation act on the basis of the constitution (charter) of the subject of the Russian Federation, the law of the subject of the Russian Federation on the constitutional (charter) court of the subject of the Russian Federation. The constitutional (charter) courts of the constituent entities of the Russian Federation check the laws of the constituent entity of the Russian Federation, the regulatory legal acts of state authorities of the constituent entity of the Russian Federation and local governments formed on the territory of this constituent entity of the Russian Federation for compliance with the constitution (charter) of the constituent entity of the Russian Federation, carry out an official interpretation of the constitution (charter) of the constituent entity of the Russian Federation . The constitutional (charter) courts of the subjects of the Russian Federation, unlike all other courts of the Russian Federation, are financed from the budget of the subject of the Russian Federation. Decisions of the constitutional (charter) courts of the constituent entities of the Russian Federation are final, not subject to appeal, come into force after the proclamation (in some constituent entities of the Russian Federation - after official publication), act directly.

The names of state authorities of the constituent entities of the Russian Federation are determined by them independently.

27. INSTITUTE OF RIGHTS AND FREEDOM OF HUMAN AND CITIZEN UNDER THE CONSTITUTION OF THE RUSSIAN FEDERATION

Chapter 2 is devoted to the rights and freedoms of man and citizen. 2 of the Constitution of the Russian Federation, which cannot be amended without revising the entire Constitution of the Russian Federation. Chapter XNUMX of the Constitution of the Russian Federation defines the constitutional and legal status of the individual in Russia, expressed through his rights, freedoms, and duties.

General legal status - all rights and obligations are the same for all people who are within the scope of Russian legislation.

Individual legal status - the rights and obligations of this particular individual in their dynamics.

Special legal status - the rights and obligations of individuals belonging to one or another special category (citizens of the Russian Federation, civil servants, members of a political party, etc.).

Industry legal status - the rights and obligations of an individual within one of the branches of law (for example, the presence or absence of a criminal record in criminal law).

The constitutional status of the individual includes fundamental (constitutional) rights and obligations, creates the basis for other personality statuses. The constitutional status of the individual is one, equal for all people from birth, least of all dynamic (changes only in connection with the revision of the Constitution of the Russian Federation), historically changes in the direction of expanding the constitutional freedom of the individual.

The constitutional status of the individual has its own structure, consists of the basic principles of the legal status of the individual in society, the institution of citizenship, the fundamentals of the legal status of foreign citizens and stateless persons, fundamental rights and constitutional obligations, constitutional guarantees for ensuring rights and obligations.

28. BASIC PRINCIPLES OF THE CONSTITUTIONAL STATUS OF A HUMAN AND A CITIZEN OF THE RUSSIAN FEDERATION

The basic principles of the constitutional status of a person and a citizen form the basis of the legal status of an individual in the Russian Federation, are enshrined in Ch. 1 and 2 of the Constitution of the Russian Federation:

1. Recognition of a person, his rights and freedoms as the highest social value (Article 2).

2. The principle of the welfare state (art. 7).

3. The principle of equal, free and single Russian citizenship (Article 6).

4. The principle of priority of international standards in the field of human rights (Part 1, Article 17).

5. The principle of inalienability and the natural nature of human rights (Part 2, Article 17).

6. The principle of direct action of the rights and freedoms of man and citizen (Article 18).

7. The rights and freedoms of man and citizen determine the meaning, content and application of laws, all the activities of state power and local self-government (Article 18).

8. The principle of formal legal equality (Article 19).

9. The principle of the possibility of expanding human rights and freedoms beyond the constitutional circle (part 1 of article 55).

10. The principle of the impossibility of issuing laws that abolish or diminish the rights and freedoms of man and citizen (part 2 of article 55).

11. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons (Part 3, Article 17).

The rights and freedoms of a person and a citizen can be limited by the state (in the form of a federal law) in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state (part 3 of article 55 of the Constitution of the Russian Federation) , in a state of emergency (part 1 of article 56 of the Constitution of the Russian Federation). A number of rights and freedoms are not subject to restriction (part 3 of article 56 of the Constitution of the Russian Federation). Restriction of rights and freedoms is carried out in two modes - temporary suspension of the use of a certain right (under special temporary legal regimes of a state of emergency and martial law), a ban on the use of certain forms (methods) of exercising the right (for example, restriction on the dissemination of state secrets).

The Constitution of the Russian Federation prohibits the abolition or derogation of the rights and freedoms of man and citizen in the process of lawmaking (part 2 of article 55). In the practice of the Constitutional Court of the Russian Federation, it was stated that the law that encroaches on the main content of the right, or introduces restrictions on constitutional rights that are not caused by the need to protect the above social values, should be considered derogatory to the rights and freedoms of a person and citizen.

29. PERSONAL RIGHTS UNDER THE CONSTITUTION OF THE RUSSIAN FEDERATION

Personal rights - basic and inalienable human rights, which form the basis of the constitutional status of the individual.

Among personal rights by subject, human rights and civil rights are distinguished; by source - constitutional rights, rights arising from international acts and treaties; by level - basic and derivative (derivative rights follow from the basic ones, for example, the right to freedom of information follows from the right to freedom of speech); according to the subject of implementation - individual and collective (for example, the right to association).

1. The right to live. No one has the right to end a person’s life; the right to life is associated with the problems of the death penalty, suicide and euthanasia.

2. The right to personal dignity and its protection. Any acts that cause physical or moral suffering or degrade human dignity, including torture and experiments, are prohibited.

3. The right to freedom and personal security. Arrest, detention and detention are permitted only by court decision. Pending a court decision, a person cannot be detained for more than 48 hours.

4. The right to protection of honor and good name.

5. The right to privacy, personal and family secrets; the secrecy of correspondence, telephone conversations, postal, telegraph and other messages can only be limited by a court decision. The collection, storage, use and dissemination of information about the private life of a person without his consent is unacceptable.

6. The inviolability of the home can be violated only in cases established by the Federal Law and on the basis of a court decision.

7. The right of a person to freely determine and indicate his nationality. Everyone has the right to use their native language, free choice of the language of communication, education, training and creativity.

8. Freedom of movement, choice of place of residence and stay. Back in 1991, the institution of registration was declared unconstitutional. Citizens of the Russian Federation enter the territory of the Russian Federation freely, and foreign citizens and stateless persons are required to obtain appropriate permits to stay on the territory of the Russian Federation (Federal Law "On the right of citizens to freedom of movement, choice of place of residence and stay within the Russian Federation", Federal Law "On the procedure for leaving RF and entry into the RF"). At the same time, there are institutions for permanent and temporary registration of persons living (staying) in the Russian Federation.

9. The right to freedom of conscience and freedom of religion.

10. The right to freedom of thought and freedom of speech. Freedom of speech may be limited; Propaganda (agitation) that incites social, racial, national or religious hatred (enmity), propaganda of social, racial, national, religious or linguistic superiority is prohibited, a ban is established on the disclosure of state secrets, etc. Freedom of speech includes the right of everyone to freely seek, receive, transmit, produce and disseminate information in any legal way; freedom of mass information and the prohibition of censorship are separately guaranteed; more details can be found in the Federal Law “On the Mass Media”.

11. Right to freedom of association.

30. POLITICAL RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION

Political rights - the rights of citizens associated with their participation in the management of public affairs.

Subject of political rights as a general rule, an adult (who has reached the age of 18) is a capable citizen of the Russian Federation.

Political rights of Russian citizens according to the Constitution of the Russian Federation:

1. Active and passive suffrage (part 2 of article 32).

2. The right to participate in a referendum (part 2 of article 32).

3. The right to equal access to public service (part 4 of article 32).

4. The right to participate in the administration of justice (part 5 of article 32) as a professional judge, people's, arbitration or juror.

5. The right to assemble peacefully, without weapons, to hold mass events, namely meetings, rallies, demonstrations, processions and picketing (Article 31). Meetings, unlike other public events, are held indoors. The holding of mass events is regulated by the Federal Law "On meetings, rallies, demonstrations, processions and pickets" adopted in 2004.

6. The right to apply personally, as well as to send individual and collective appeals to state bodies and local governments (Article 33). In the absence of an appropriate federal law, the implementation of this right is regulated by the Decree of the Presidium of the Supreme Soviet of the USSR "On the Procedure for Considering Proposals, Applications and Complaints from Citizens" (1968, as amended in 1980). Among the appeals of citizens, statements, complaints and appeals stand out. A written statement declares that a citizen has a right and his desire to exercise this right. The proposal contains information on how to effectively solve a problem. The complaint contains information about the violation of the right and a request to restore the violated right and bring the perpetrators to justice. All appeals of citizens must be registered, according to the facts stated in them, appropriate checks should be carried out. As a general rule, a written response to the applicant must be given within 30 days, if necessary, the appeal can be transferred to the appropriate authority. Separate rules on the consideration of complaints are contained in the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (2002), the Law of the Russian Federation "On Appeal to Court of Actions and Decisions Violating the Rights and Freedoms of Citizens" (1993). ., revised in 1995). It is forbidden to consider anonymous appeals, except for appeals about upcoming and past crimes, which are mandatory transferred to the relevant law enforcement agencies.

31. SOCIO-ECONOMIC AND CULTURAL RIGHTS. CONSTITUTIONAL DUTIES OF THE INDIVIDUAL IN THE RUSSIAN FEDERATION

Socio-economic rights - human rights in the sphere of formation, distribution, redistribution and consumption of material goods.

The following socio-economic and cultural rights:

1. The right to entrepreneurial activity.

2. The right to private property, including land.

3. Right of inheritance.

4. The right to work, a constitutional ban on forced labor is established, working conditions must meet safety and hygiene requirements, remuneration for work must be carried out without any discrimination and not lower than the minimum wage established by the relevant Federal Law, the right to individual and collective labor disputes, including the right to strike.

5. Right to rest.

6. The right to protection of motherhood and childhood by the state.

7. Right to social security.

8. Right to housing.

9. The right to health protection and medical care.

10. The right to a favorable environment.

11. The right to education, and basic general education is compulsory.

12. The right to freedom of literary, artistic, scientific, technical and other types of creativity and teaching.

13. The right to participate in cultural life and use cultural institutions.

14. The right to equal access to cultural property. The state should help familiarize people with the cultural values of modern society, support and develop cultural institutions, protect historical and cultural monuments, and create preferential conditions for access to cultural values for poor citizens.

15. The right to alternative civil service, arising from the duty of citizens to defend the Fatherland, in accordance with the Federal Law “On Alternative Civil Service” (2002). The term of alternative civil service is 1,75 times longer than the term of service in the Armed Forces of the Russian Federation - 42 months (for persons with higher education - 21 months).

The following constitutional provisions stand out: duties personalities in the Russian Federation:

1. Compliance with the Constitution of the Russian Federation and laws.

2. Respect for the rights and freedoms of others.

3. Duty of parents to take care of children and their upbringing.

4. The duty of able-bodied children who have reached the age of 18 to take care of disabled parents.

5. The obligation of parents (persons replacing them) to ensure that children receive basic general education.

6. Take care of the preservation of cultural and historical heritage, protect historical and cultural monuments.

7. Pay legally established taxes and fees.

8. Preserve nature and the environment, treat natural resources with care.

9. Defense of the Fatherland.

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

In modern constitutional and legal science Citizenship means a stable legal connection between a person and the state, characterized by mutual rights and obligations, mutual responsibility.

The legal foundations of citizenship of the Russian Federation are determined by Art. 6, 61-63 of the Constitution, the norms of international treaties of the Russian Federation (for example, international treaties of the Russian Federation on dual citizenship), the Federal Law "On citizenship of the Russian Federation" (2002), the Regulations on the procedure for considering issues of citizenship of the Russian Federation, approved by decree of the President of the Russian Federation.

Some republics within the Russian Federation have their own citizenship, which does not limit the rights of a single Russian citizenship.

Principles of Russian citizenship:

1. Free, equal and uniform citizenship, regardless of the grounds and time of its acquisition.

2. Recognition of the human right to acquire, change and withdraw from citizenship. A citizen of the Russian Federation cannot be deprived of Russian citizenship, expelled from the Russian Federation, or extradited to a foreign state.

3. The principle of independence of citizenship from marriage - the change of citizenship by one of the spouses, the dissolution of marriage, as a general rule, does not entail a change in the citizenship of the other spouse or children from this marriage.

4. The principle of independence of citizenship from the location of a person (in the territory of the Russian Federation or outside it).

5. The principle of patronage and protection of a Russian citizen abroad by Russia (implemented by the Ministry of Foreign Affairs of the Russian Federation, diplomatic missions and consular offices of the Russian Federation abroad).

6. The principle of reducing statelessness (reducing the number of stateless persons (stateless persons) by granting them Russian citizenship).

7. The principle of dual citizenship (the possibility of acquiring dual citizenship has been provided since 1991) in accordance with the international treaty of the Russian Federation and the Federal Law. Dual citizenship is considered as an exception, granted by a decree of the President of the Russian Federation on the basis of a personal application of the applicant. The presence of dual citizenship does not relieve the citizen from the fulfillment of constitutional obligations.

The authorized bodies in charge of matters concerning citizenship of the Russian Federation are the President of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and its territorial bodies, the Ministry of Foreign Affairs of the Russian Federation, diplomatic missions and consular offices of the Russian Federation located outside the Russian Federation.

The decision to acquire or terminate citizenship of the Russian Federation is subject to cancellation if the court establishes that this decision was made on the basis of false documents or knowingly false information submitted by the applicant.

33. ORDER OF ACQUISITION OF CITIZENSHIP OF THE RUSSIAN FEDERATION

The grounds and procedure for acquiring Russian citizenship are determined by the Federal Law "On Citizenship of the Russian Federation".

Grounds for acquiring citizenship of the Russian Federation (naturalization):

1. By birth.

2. As a result of admission to Russian citizenship.

3. As a result of restoration of Russian citizenship.

4. On other grounds provided for by the Federal Law “On Citizenship of the Russian Federation” or an international treaty of the Russian Federation (for example, as a result of an option, i.e. a person’s choice of citizenship when changing the State border of the Russian Federation).

When acquiring citizenship of the Russian Federation by birth the principle of blood (birth from Russian citizens) and the principle of territory (birth on the territory of the Russian Federation) are applied. The acquisition of citizenship of the Russian Federation by birth occurs automatically, from the moment of birth (discovery of a newborn).

Citizenship The Russian Federation is carried out according to the general rule upon the application of a capable person who has reached the age of 18, who is a foreigner or a stateless person, to the authorized state bodies of the Russian Federation. Admission to the citizenship of the Russian Federation is carried out in two main modes - the general procedure and the simplified procedure.

Upon admission to the citizenship of the Russian Federation in the general manner, with a corresponding application addressed to the President of the Russian Federation, persons who have been continuously residing in the territory of the Russian Federation for 5 years from the date of receipt of a residence permit, who undertake to comply with the Constitution of the Russian Federation and the legislation of the Russian Federation, who have a legitimate source of livelihood, may apply, who have applied to the authorized body of a foreign state with a statement about the renunciation of their other citizenship (except for other cases provided for by international treaties of the Russian Federation, as well as cases when the renunciation of another citizenship is impossible due to reasons beyond the control of this person), who speak Russian. The decision on admission to the citizenship of the Russian Federation in the general manner is formalized by the relevant decree of the President of the Russian Federation.

The specified 5-year period of compulsory residence in the territory of the Russian Federation may be reduced if the person was born in the territory of the RSFSR and had the citizenship of the USSR, was married to a citizen of the Russian Federation for at least 3 years, the disabled person has adult children who are citizens of the Russian Federation, the person has high achievements in the field of science, technology and culture, has a profession (qualification) of interest to the Russian Federation, the person has been granted political asylum on the territory of the Russian Federation, the person has been recognized as a refugee.

When acquiring citizenship in order restoration of citizenship Russian Federation, a person must meet the requirements for a person acquiring Russian citizenship in the general manner, but the mandatory period of continuous residence in the territory of the Russian Federation is reduced to 3 years.

Applications for admission to the citizenship of the Russian Federation and for the restoration of citizenship of the Russian Federation are rejected in the following cases:

1. A person advocates a violent change in the foundations of the constitutional system of the Russian Federation or by other actions creates a threat to the security of the Russian Federation.

2. The person used false documents or provided knowingly false information.

3. The person does not have a legal source of livelihood, etc.

34. LEGAL STATUS OF REFUGEES IN RF

The legal status of refugees is determined, first of all, by the Federal Law "On Refugees" (adopted in 1993, the current version entered into force in 2001), adopted in accordance with the UN Convention on the Status of Refugees of 1953 (entered into force in 1954 ., Russia joined in 1992) and the UN Protocol relating to the Status of Refugees (approved by a resolution of the UN General Assembly in 1966, entered into force in 1967, Russia joined in 1992).

a refugee a person who is not a citizen of the Russian Federation can be recognized who, due to a well-founded fear of becoming a victim of discriminatory persecution, is outside the country of his citizenship (for stateless persons - outside the country of his former usual residence) and cannot (does not want) to use the protection of this country due to the indicated concerns. Such a person applies for recognition as a refugee. This application can be submitted to a diplomatic mission (consular office) of the Russian Federation abroad; the post of immigration control of the federal executive body for the migration service (or the border control body of the federal executive body for the border service) at the checkpoint across the State Border of the Russian Federation; to the territorial federal executive body for the migration service or the territorial federal executive body for internal affairs on the territory of the Russian Federation. Petitions on the merits are considered by the federal executive body for the migration service or its territorial bodies.

The grounds for refusing to satisfy a person's application for recognition as a refugee may be the following circumstances: the person has no grounds for recognizing him as a refugee; a criminal case was previously initiated against the person for committing a crime on the territory of the Russian Federation; the person arrived from a foreign state, on the territory of which he could be recognized as a refugee.

A person recognized as a refugee (for a period of up to 3 years) receives an appropriate certificate, the necessary information, a referral to a temporary accommodation center (where food and utilities are provided, assistance in the direction of vocational training), a one-time cash allowance (at least 100 rubles per each family member). The refugee is assisted in ensuring travel to the place of residence, medical and medicinal assistance (but he must undergo a mandatory medical examination and receive an appropriate medical certificate).

A person loses the status of a refugee if he acquires the citizenship of the Russian Federation (or a permit for permanent residence in the Russian Federation); the circumstances that served as the basis for recognizing him as a refugee disappear and the person can return home; is deprived of such status by decision of the federal executive body for the migration service or its territorial body (a court sentence for committing a crime has entered into force against a person; when obtaining refugee status, a person used knowingly false information or forged documents).

35. LEGAL STATUS OF FORCED SETTLEMENTS IN THE RUSSIAN FEDERATION

The legal status of forced migrants is determined primarily by the Law of the Russian Federation "On forced migrants" (adopted in 1993, the current version came into force in 1995, with amendments for 2000). The agreement on assistance to refugees and internally displaced persons was concluded in 1993 between a number of CIS member states (it has been in force for Russia since 1994).

Unlike refugees, internally displaced persons Citizens of the Russian Federation are recognized who are forced (for approximately the same reasons) to move from a foreign state to the Russian Federation or from one subject of the Russian Federation to another subject of the Russian Federation, as well as foreign citizens and stateless persons permanently residing in the Russian Federation who are forced to change their place of residence within the Russian Federation. A forced migrant is also recognized as a citizen of the former USSR who permanently resided in the territory of a republic that was part of the USSR, received refugee status in the Russian Federation and lost this status in connection with the acquisition of Russian citizenship, if there were circumstances that prevented this person during the period of refugee status from settling in territory of the Russian Federation. A person applying for the status of a forced migrant shall apply with an appropriate application to the territorial body of the migration service at the new place of his stay. This body makes a decision on recognizing a person as a forced migrant, refusal to satisfy the relevant petition and recognizing a person as a forced migrant may be appealed to the court.

A person recognized as a forced migrant receives an appropriate certificate, independently chooses a place of residence on the territory of the Russian Federation, and can be sent by the migration service to a temporary accommodation center.

The functions of the federal executive body for the migration service are currently carried out by the Federal Migration Service, which is a structural subdivision of the Ministry of Internal Affairs of the Russian Federation.

36. LEGAL STATUS OF FOREIGN CITIZENS AND STATELESS PERSONS IN THE RUSSIAN FEDERATION

In 2002, the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" was adopted.

Temporary stay of foreign citizens in the Russian Federation is carried out based on a visa (if a visa-free regime is not established with the country of his citizenship), issued by the consular offices of the Russian Federation. The visa is issued on the basis of invitations, issued by federal executive authorities in charge of internal affairs (as well as territorial authorities; at the request of local governments, individuals and legal entities) and foreign affairs (at the request of federal government authorities and government authorities of constituent entities of the Russian Federation, diplomatic missions and consular offices foreign states in the Russian Federation and international organizations located in the Russian Federation, international organizations and their representative offices in the Russian Federation).

Temporary residence of foreign citizens in the Russian Federation is carried out based on appropriate permission, issued by a territorial body of the federal executive body in charge of internal affairs. Without taking into account the quotas established by the Government of the Russian Federation, permission is issued, in particular, to persons born on the territory of Russia, who have a disabled parent (child) who is a citizen of the Russian Federation, and who have made large investments in the Russian Federation. Such a permit is not issued (cancelled) if a foreign citizen poses a threat to the security of the Russian Federation and its citizens, has been expelled (deported) from the Russian Federation, has been brought to administrative responsibility in the Russian Federation more than twice in one year, has been outside the Russian Federation for more than 6 months, etc. Temporary residence of a foreign citizen in the Russian Federation is carried out within a certain subject of the Russian Federation.

During the period of validity of a temporary residence permit in the Russian Federation (an application is submitted no later than 6 months before its expiration), a foreign citizen may be issued residence - a permanent residence permit for a foreign citizen of the Russian Federation. A residence permit is issued for 5 years (can be repeatedly extended) by the territorial body of the federal executive body in charge of internal affairs.

In case of cancellation of a temporary residence permit or a residence permit, a foreign citizen must leave the Russian Federation within 15 days, otherwise he is subject to deportation.

For the entry of foreign citizens into the territory of certain objects in the Russian Federation, it may be required special permit.

A foreign citizen who entered the territory of the Russian Federation is obliged to register within 3 days in accordance with the established procedure. As a general rule, the registration of foreign citizens who entered the Russian Federation is carried out by the territorial body of the federal executive body in charge of internal affairs. The registration of foreign citizens with diplomatic privileges and immunities, and members of their families who entered the Russian Federation, is carried out by the federal executive body in charge of foreign affairs.

37. RIGHT TO ASSOCIATE IN THE RUSSIAN FEDERATION: CONTENT AND NORMATIVE FRAMEWORK

In accordance with Part 1 of Art. 30 of the Constitution of the Russian Federation, people have the right to unite on the basis of common interests, goals of a cultural, political, economic nature, except for the goals prohibited by Part 5 of Art. 13 of the Constitution of the Russian Federation. The freedom of activity of public associations is guaranteed.

In accordance with Part 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join or stay in any public association.

This right is regulated in more detail by the Federal Law "On Public Associations" (1995).

Public associations can be created in various organizational and legal forms - public organization, public movement, public fund, public institution, body of public amateur performance, political party. The organizational and legal forms of political public associations are a political public organization (including a political party) and a political public movement; since the summer of 2003, political public associations can operate only in the organizational and legal form of a political party. Public associations are non-profit organizations.

In the case of state registration (the decision is made by the relevant body of justice), the public association receives the status of a legal entity.

Public associations can create their own mass media, political public associations participate in elections.

A public association may be liquidated either by decision of the founders (participants) or by a court decision that has entered into force.

Public organization - organizational and legal form of a public association based on rigid membership.

Social movement - organizational and legal form of a public association, not based on rigid membership.

Public fund - the organizational and legal form of a public association, intended for the accumulation of material resources for their subsequent use for statutory (non-commercial) purposes.

A public institution is an organizational and legal form of a public association designed to provide free assistance to the population.

Public associations such as trade unions (Federal Law "On trade unions, their rights and guarantees of activities"), children's and youth public associations (Federal Law "On state support of youth and children's public associations"), charitable organizations (FZ "On charitable activities and charitable organizations"), political parties (FZ "On political parties").

38. MAIN PROVISIONS OF RUSSIAN LEGISLATION ON MASS MEDIA

The constitutional freedom of the mass media (part 5, article 29 of the Constitution of the Russian Federation) is developed in the Law of the Russian Federation "On the Mass Media" (adopted at the end of 1991, numerous amendments and additions were made in 1995-2001), other federal laws and other acts.

Mass media (Mass media) - a periodical printed publication, radio, television, video program, newsreel program, another form of periodic distribution of mass information.

In Russia censorship prohibited. Neither in the editorial offices of the media (including state ones), nor in government bodies can there be persons who have the right to remove from publication (change) certain materials prepared by the editorial offices of the media. The media are not required to coordinate their materials with government agencies and local governments.

Any person (both natural and legal) has the right to create mass media, distribute through them any information, except for state and other secrets protected by law. A media outlet is subject to state registration in accordance with the procedure established by law, a refusal to state registration of a media outlet can be appealed in court, and a media outlet can be liquidated only in a judicial proceeding.

State bodies and public associations, other persons provide information about their activities at the request of media editors. Interference with the activities of the media and journalists entails bringing to responsibility established by law.

In Russia there are public (municipal) and non-state (independent, private) media. The law imposes a number of additional obligations on state media (for example, providing free airtime (print space) during election campaigning (campaigning in connection with the holding of a referendum), in accordance with the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation "). State media are obliged to cover the activities of federal government bodies (FZ "On the procedure for covering the activities of government bodies in state media").

Federal bodies of state power and bodies of state power of subjects of the Russian Federation cannot be founders of a periodical printed publication, except for publications that publish only official messages and materials.

The procedure for using the media during an election campaign (in particular, during election campaigning) is determined by the electoral legislation, primarily the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation."

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

In accordance with the Constitution of the Russian Federation, since 1997, the FKZ "On the Commissioner for Human Rights in the Russian Federation" has been in force in Russia.

Job Title Commissioner for Human Rights in the Russian Federation (UPHR) is established in order to ensure guarantees of state protection of the rights and freedoms of citizens, their observance and respect by state bodies, local governments, officials.

The UPHR is appointed by the State Duma for 5 years from among citizens of the Russian Federation who have reached the age of 35, who have knowledge in the field of human and civil rights and freedoms and experience in protecting them, candidates can be proposed by the President of the Russian Federation, the Federation Council, deputies and deputy associations of the State Duma . The UPHR cannot be a deputy, a member of the Federation Council, be in public service, engage in other paid or unpaid activities, with the exception of teaching, scientific or other creative activities. UPHR is not entitled to engage in political activities, be a member of a political party or other public association pursuing political goals. The UPHR may be prematurely dismissed by the State Duma if it engages in activities that are incompatible with the status of the UPHR, a court conviction against the UPHR enters into legal force, etc.

The UPHR considers complaints from citizens of the Russian Federation and foreigners and stateless persons located on the territory of the Russian Federation against decisions or actions (inaction) of state bodies (except for legislative ones), local government bodies, officials, civil servants, if the applicant has previously appealed them in a judicial (administrative) manner but does not agree with the decision taken on his complaint. In special cases, the UPHR has the right to take action on its own initiative.

Based on the outcome of the complaint The UPHR has the right to:

1) apply to the court in defense of rights and freedoms violated by decisions or actions (inaction) of a state body, local government body or official, and also participate in the process;

2) apply to the competent state bodies with a request to initiate disciplinary or administrative proceedings or criminal proceedings against an official whose decisions or actions (inaction) are seen to violate human and civil rights and freedoms;

3) apply to the court or prosecutor’s office with a request to verify the court decision that has entered into legal force;

4) present your arguments 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;

5) apply to the Constitutional Court of the Russian Federation with a complaint about the violation of the constitutional rights and freedoms of citizens by the law applied or to be applied in a specific case.

Every year, the UPHR sends a report on its activities to the President of the Russian Federation, the chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, 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, this report is published in Rossiyskaya Gazeta.

40. LEGISLATION ON THE STATE OF EMERGENCY IN THE RUSSIAN FEDERATION (MAIN PROVISIONS)

In 2001, the Federal Law "On the state of emergency" was adopted, in accordance with the provision of Part 2 of Art. 56 of the Constitution of the Russian Federation.

State of emergency (PE) - a special temporary legal regime - is introduced to eliminate, with the help of emergency measures, circumstances that pose a direct threat to the life and security of citizens or the constitutional order of the Russian Federation.

Circumstances of this kind can be grouped into two groups:

1. Circumstances social character: attempts to forcibly change the constitutional order of the Russian Federation, seize (appropriate) power, armed rebellion, riots, terrorist acts, etc.

2. Circumstances natural character: emergencies (eg epidemics).

The state of emergency (both throughout the territory of the Russian Federation and in certain areas) is introduced by a reasoned decree of the President of the Russian Federation, which is immediately promulgated and submitted for approval to the Federation Council (the Federation Council must consider the presidential decree within 72 hours after its promulgation, otherwise, after the specified time this decree is no longer valid). The maximum duration of the state of emergency introduced throughout the territory of the Russian Federation is 30 days, in some areas - 60 days.

The Decree of the President of the Russian Federation on the introduction of a state of emergency may provide for the following measures and temporary restrictions in the territory, where the state of emergency is established:

1. In case of emergency, regardless of the circumstances that determined its introduction, - complete (partial) suspension of the powers of executive authorities of constituent entities of the Russian Federation, local self-government, suspension of the validity of their acts; establishing restrictions on the implementation of certain types of financial and economic activities (for example, a special procedure for the distribution and movement of certain goods, suspension of the activities of hazardous industries); prohibition (restriction) of holding mass events and strikes; evacuation of material and cultural assets to safe areas; strengthening public order (eg traffic restrictions and vehicle searches).

2. In case of emergency introduced due to social circumstances, - introduction of a curfew; restriction of freedom of activity of the media and journalists, implementation of preliminary censorship; suspension of the activities of public associations; checking citizens’ identity documents, personal searches of citizens, searches of their belongings, homes, vehicles; restriction (prohibition) of the sale of weapons, ammunition, toxic substances, establishment of a special regime for the circulation of narcotic, alcoholic and other similar substances.

3. In case of emergency introduced due to natural circumstances, - temporary resettlement of persons to safe areas; introduction of quarantine, holding special events; attracting government material reserve, mobilization of resources of all organizations.

Even in an emergency не допускается the creation of emergency courts, the introduction of emergency proceedings, but the territorial jurisdiction of courts of general jurisdiction (arbitration courts) may be changed by decision of the Supreme Arbitration Court of the Russian Federation (SAC RF).

41. LEGAL REGIME OF MARTIAL LAW

In 2002, the FKZ "On martial law" came into force.

Martial law - a special temporary legal regime - introduced in the event of aggression against the Russian Federation or its immediate threat (for example, blockade of ports or coasts of the Russian Federation by the armed forces of a foreign state, sending armed bands of mercenaries to Russia by a foreign state).

Martial law (both throughout the territory of the Russian Federation and in certain areas) is introduced by a reasoned decree of the President of the Russian Federation, which is immediately promulgated and submitted for approval to the Federation Council (the Federation Council must consider the decree of the President of the Russian Federation on the introduction of martial law within 48 hours after its promulgation, otherwise, the decree of the President of the Russian Federation becomes invalid). Martial law is canceled by decree of the President of the Russian Federation, when the circumstances that served as the basis for the introduction of martial law cease to exist.

The regime of martial law is provided by state authorities and military administration with the assistance of local self-government bodies.

On the basis of decrees of the President of the Russian Federation, in the territory where martial law has been introduced, in particular, the following measures are applied:

▪ strengthening the protection of public order and ensuring public safety, the protection of particularly important facilities, the introduction of a special operating regime for these facilities;

▪ evacuation of economic, social and cultural facilities, as well as temporary resettlement of residents to safe areas with the mandatory provision of permanent or temporary residential premises to such residents.

In order to ensure the regime of martial law, in the manner established by the regulatory legal acts of the President of the Russian Federation, the Armed Forces of the Russian Federation, other troops, military formations and bodies that perform certain tasks may be involved.

During the period of martial law, the functions and powers of federal executive bodies may be redistributed by decree of the President of the Russian Federation.

The creation of emergency courts, the introduction of emergency proceedings is not allowed, the territorial jurisdiction of courts of general jurisdiction (arbitration courts) may be changed by decision of the Supreme Court of the Russian Federation (Supreme Arbitration Court of the Russian Federation).

On the territory where hostilities are conducted, the martial law regime and the corresponding powers are exercised by military command and control bodies.

The Secretary General of the United Nations and the Secretary General of the Council of Europe are informed about the imposition of martial law.

42. TERRITORY OF THE RUSSIAN FEDERATION. PRINCIPLES OF RUSSIAN FEDERALISM

In accordance with Part 1 of Art. 67 of the Constitution of the Russian Federation, the territory of the Russian Federation includes territory of all constituent entities of the Russian Federation, as well as inland waters (rivers, lakes, other water bodies, all the banks of which are occupied by the territory of the Russian Federation) and the territorial sea (within a 12-mile zone, unless otherwise established by an international treaty of the Russian Federation, for example, on the delimitation of the State Border of the Russian Federation at sea, in particular with Norway, Ukraine, the USA and Japan). In addition, the territory of the Russian Federation includes an air column (airspace) over the land and water territory of the Russian Federation. Moreover, the upper boundary of this pillar is not clearly defined (outer space does not belong to the territory of any of the states).

Although the continental shelf and the maritime exclusive economic zone of the Russian Federation are not, in the proper sense of the word, the territory of the Russian Federation, Russia, in accordance with Part 2 of Art. 67 of the Constitution of the Russian Federation, has sovereign rights there and exercises jurisdiction in the manner determined by federal legislation and international legal norms.

The sovereignty of Russia extends to its entire integral and inviolable territory (Article 4 of the Constitution of the Russian Federation). The guarantor of the state integrity of the Russian Federation is the head of state - the President of the Russian Federation (part 2 of article 80 of the Constitution of the Russian Federation).

Federalism - a way of organizing the system of public authorities, corresponding to the federal form of government.

The purpose of the federation - the optimal combination of big and small in one.

Principles of federalism, enshrined in Art. 5 and ch. 3 of the Constitution of the Russian Federation, the Federal Treaty and some other acts can be structured as follows:

1. Russia is a complex federation, the constituent entities of the Russian Federation are formed both according to territorial (territories, regions, cities of federal significance) and national (republics, autonomous districts, autonomous region) signs, moreover, some constituent entities of the Russian Federation are part of other constituent entities of the Russian Federation (autonomous okrugs within krays and oblasts).

2. Russia is an open and dynamic federation, there are opportunities to change the borders and the constitutional and legal status of the constituent entities of the Russian Federation, the formation of new constituent entities of the Russian Federation within the Russian Federation, the admission of new constituent entities of the Russian Federation into the composition of the Russian Federation.

3. Equality of rights of the subjects of the Russian Federation in relations with federal government bodies and among themselves.

4. State integrity of the Russian Federation.

5. The unity of the system of state power (on issues of exclusive jurisdiction of the Russian Federation and joint jurisdiction of the Russian Federation and subjects of the Russian Federation).

6. Equality and self-determination of subjects of the Russian Federation.

7. Delimitation of subjects of jurisdiction and powers between the Russian Federation and the subjects of the Russian Federation.

43. CONSTITUTIONAL STATUS OF THE SUBJECTS OF THE RUSSIAN FEDERATION

The constitutional status of the subjects of the Russian Federation is determined Art. 5 and 66 of the Constitution of the Russian Federation, the constitution (charter) of the corresponding subject of the Russian Federation. All subjects of the Russian Federation are named in Part 1 of Art. 65 of the Constitution of the Russian Federation.

Subjects of the Russian Federation - republics, krais, oblasts, cities of federal significance, autonomous okrugs and an autonomous oblast - have equal rights. The republics have the right to establish for citizens of the Russian Federation permanently residing in the territory of the corresponding republic, in addition, the citizenship of this republic. The republics have the right, in addition to the state language of the Russian Federation, to introduce their own state language (in particular, along with the state language of the Russian Federation, legal proceedings can be carried out in it in some courts located on the territory of the corresponding republic).

The system of federal state authorities and state authorities of the constituent entities of the Russian Federation forms a single system based on the constitutional principle of delimiting the subjects of jurisdiction and powers between them (Part 3, Article 11 of the Constitution of the Russian Federation).

A change in the constitutional and legal status of a subject of the Russian Federation is carried out on the basis of a federal constitutional law, by mutual agreement of the Russian Federation and the corresponding subject of the Russian Federation.

Each subject of the Russian Federation has its own territory, the boundaries of which can be changed by the Federation Council with the consent of the corresponding subject of the Russian Federation.

The constituent entities of the Russian Federation participate in resolving general federal issues - the state authorities of the constituent entities of the Russian Federation send their representatives to the Federation Council, have the right to legislative initiative and the right to request the Constitutional Court of the Russian Federation, approve constitutional amendments, etc.

44. DISTRIBUTION OF SCOPE AND POWERS BETWEEN THE RUSSIAN FEDERATION AND THE SUBJECTS OF THE RUSSIAN FEDERATION

The distribution of subjects of jurisdiction in the Russian Federation is carried out on the basis of the Constitution of the Russian Federation, other treaties (agreements) on the delimitation of subjects of jurisdiction and powers between state authorities of the Russian Federation and state authorities of individual subjects of the Russian Federation.

In the exclusive jurisdiction of the Russian Federation are the main issues of regulation and protection of human rights, state building, regulation of the economy and social development, foreign policy and foreign economic activity, defense and protection of borders, the creation of a legal system and a system of law enforcement agencies, as well as issues of meteorology, metrology, accounting and statistical accounting, state awards and honorary titles of the Russian Federation.

For subjects of exclusive jurisdiction of the Russian Federation, FKZ, FZ, and other federal regulations are adopted.

To the issues of joint management include the following:

a) ensuring compliance of the constitutions and laws of republics, charters, laws and other normative legal acts of territories, regions, federal cities, autonomous regions, autonomous districts with the Constitution of the Russian Federation and the Federal Law;

b) protection of human and civil rights and freedoms; protection of the rights of national minorities; ensuring law, order, public safety; border zone regime;

c) issues of ownership, use and disposal of land, subsoil, water and other natural resources;

d) delimitation of state property;

e) environmental management; environmental protection and ensuring environmental safety; specially protected natural areas; protection of historical and cultural monuments;

f) general issues of upbringing, education, science, culture, physical culture and sports;

g) coordination of health issues; protection of family, motherhood, paternity and childhood; social protection, including social security;

h) implementation of measures to combat disasters, natural disasters, epidemics, and liquidation of their consequences;

i) establishment of general principles of taxation and fees in the Russian Federation;

j) administrative, administrative-procedural, labor, family, housing, land, water, forestry legislation, as well as legislation on subsoil, on environmental protection;

k) personnel of judicial and law enforcement agencies; advocacy, notary;

l) protection of the original habitat and traditional way of life of small ethnic communities;

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

o) coordination of international and foreign economic relations of the constituent entities of the Russian Federation, implementation of international treaties of the Russian Federation.

On issues of joint jurisdiction, in addition to federal acts, laws and other acts of the constituent entities of the Russian Federation may be adopted on their basis and in accordance with them.

All other questions are under the exclusive jurisdiction of the constituent entities of the Russian Federation, are regulated by laws and other acts of the constituent entities of the Russian Federation.

45. LEGAL FRAMEWORK FOR THE FORMATION OF NEW SUBJECTS OF THE FEDERATION IN RUSSIA

In 2001, in accordance with Part 2 of Art. 65 of the Constitution of the Russian Federation, the Federal Law "On the procedure for the adoption in the Russian Federation and the formation of a new subject of the Russian Federation in its composition" was adopted.

At the initiative of a foreign state, on the basis of an international treaty, a federal constitutional law on the adoption in the Russian Federation of a new subject as a new subject of the Russian Federation, a foreign state may be accepted (a subject of the Russian Federation is formed, which, as a general rule, has the status of a republic, an international treaty may provide the status of a territory or region) or a part of a foreign state (in accordance with an international treaty, such a new subject of the Russian Federation is granted the status of a republic, territory, region, autonomous district or autonomous region).

A new subject within the Russian Federation can be formed at the initiative of the interested subjects of the Russian Federation only as a result of the merger of two or more bordering subjects (a new subject may be formed by merging, or one or more subjects may be attached to another subject). A proposal to form a new subject within the Russian Federation is sent to the President. Referendums are held in interested subjects on this issue, unification is possible only in case of a positive outcome of referendums in all interested subjects. Further, the President introduces a draft federal constitutional law on the formation of a new subject within the Russian Federation.

In all cases of the formation of new subjects of the Russian Federation, the corresponding changes are made to Part 1 of Art. 65 of the Constitution of the Russian Federation. The issue of merging the Perm Region and the Komi-Permyatsky Autonomous Okrug into a new subject of the Russian Federation - the Perm Territory, which will take place in 2007, has already been resolved.

46. ELECTORAL SYSTEM OF THE RUSSIAN FEDERATION

Electoral system - method of distribution of public positions (mandates) filled by election. Main types of electoral systems:

1. Proportional, became widespread in the 7th century. Used in the election of a collegial body (for example, parliament) in a multi-member electoral district, the voter votes not for a specific candidate, but for a list of candidates (for example, nominated by a political party). At the same time, the law establishes an “electoral threshold,” i.e., the minimum number of votes that an electoral association must receive in order to participate in the distribution of mandates (in Russia, in elections of State Duma deputies in a federal electoral district - 4%). The number of deputy mandates received by an electoral association (bloc) is determined by dividing the total number of votes cast for it by the electoral quota (using different methods). In addition to the one used in Russia in elections of the entire composition of deputies of the State Duma and at least half of the composition of deputies of the legislative (representative) body of state power of the constituent entities of the Russian Federation (Article 1 of the Federal Law "On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation") closed list proportional electoral system (i.e. the voter votes for the party list as a whole), there are variants of the open list proportional electoral system (with varying degrees of freedom of choice within the list: choosing 1 candidate, choosing more than XNUMX candidate from one list and choosing any candidates from any list (panching)).

2. Majoritarian. The winner receives all the mandates distributed in a given electoral district (usually used in a single-mandate electoral district). In Russia, it is used in the elections of the President of the Russian Federation; it can also be used in the elections of no more than half of the deputies of the legislative (representative) body of state power of a constituent entity of the Russian Federation, in municipal elections. The following options for a majoritarian electoral system may exist: with the possibility of holding a second round (for example, in the elections of the President of the Russian Federation, and in order to be elected in the first round, the candidate must receive either an absolute (more than 50% in the elections of the President of the Russian Federation) or a qualified (eg, 75% - not used in Russia) majority of votes); in one round (used in the election of deputies to a legislative (representative) body of state power in a number of constituent entities of the Russian Federation).

3. Various kinds of mixed (modified) electoral systems (for example, the system of a single non-transferable vote or the system of additional distribution of seats at the country level when voting in the regions) - do not apply in Russia.

47. VOTING RIGHT OF CITIZENS: CONCEPT, STRUCTURE, REGULATIONS

The subjective electoral right of a citizen is constitutional (enshrined in Article 32 of the Constitution of the Russian Federation), political, individual, basic, absolute, consists in participation in the formation of state authorities and local self-government.

Active suffrage (the right to choose) have capable citizens of the Russian Federation who have reached the age of 18, not deprived of liberty by a court verdict that has entered into legal force.

For passive suffrage (the right to be elected), higher age qualifications are usually set (for example, in the elections of the President of the Russian Federation - reaching the age of 35), a residence requirement can be established (permanent residence in the territory of the Russian Federation for 10 years in the elections of the President of the Russian Federation). A person is not entitled to hold elective public office if an appropriate court decision has been issued against him that has entered into force, or if he holds another elective public position or has held this elective public position for a certain amount of time (for example, for the President of the Russian Federation - in for two consecutive terms).

In addition to active and passive suffrage, the electoral rights of citizens include the right to participate in the nomination of candidates (lists of candidates), the right to engage in election campaigning, the right to observe the conduct of elections, the right to participate in the work of election commissions, the right to receive information about elections (in particular , about their results).

The electoral rights of citizens are enshrined in the Constitution of the Russian Federation, the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", federal laws (FZ "On Elections of the President of the Russian Federation", Federal Law "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation") and laws of subjects of the Russian Federation on certain categories of elections, charters of municipalities.

48. ELECTION PROCESS

Election process - well-coordinated and consistent activity of participants in electoral legal relations, regulated by the electoral legislation, presented in the form of stages logically following one after another (mandatory and optional).

Stages of the electoral process in the Russian Federation:

1. Calling elections (optional stage - calling repeat elections). It is carried out within the time limits established by law on a specific type of election, but no later than 65 days before the expiration of the term of office of the previous composition of the elected body (official). Elections are called by an authorized body (official) by issuing a by-law of an individual nature, subject to mandatory official publication. If the authorized body (official) for one reason or another does not call elections, they are appointed by the relevant election commission, but if it was unable to do this, then by the relevant federal court of general jurisdiction.

2. Preparatory stage: creation of “election infrastructure” - election commissions, districts and precincts, compilation and adjustment of voter lists, etc.

3. Nomination of candidates (lists of candidates).

4. Election campaign. Carried out during the campaign period - from the day of nomination of a candidate (list of candidates) to the day preceding voting day.

5. The day before the elections (campaigning and some other electoral activities are prohibited).

6. Early voting is an optional stage. Early voting can only be carried out in municipal elections if the law of the relevant constituent entity of the Russian Federation does not provide for voting by absentee ballots.

7. Vote. Must be held within a certain period after the election is called. Voting can only take place on Sunday. The precinct commission provides the opportunity to vote outside the voting premises (at home).

8. Repeat voting (for example, the second round in the election of the President of the Russian Federation) is an optional stage of the electoral process.

9. Counting votes. It is carried out directly by members of the precinct commission with voting rights, openly and publicly, in the presence of observers, and a protocol is drawn up based on its results.

10. A recount is an emergency, optional stage of the electoral process.

11. Determination of voting results. It is carried out by precinct commissions by drawing up protocols on the voting results at polling stations.

12. Processing voting results, determining election results. Voting results, based on the protocols of precinct commissions, are processed in the relevant higher election commissions, the final election results are determined by the relevant election commission.

13. Official publication of election results. Carried out in the appropriate official printed publication by the election commission that determines the election results.

49. ELECTION COMMISSIONS, THEIR TYPES, BASIS OF LEGAL STATUS, PROCEDURE FOR FORMATION

The following types of election commissions operate in the Russian Federation (FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation").

1. Central Election Commission of the Russian Federation (CEC). Consists of 15 members (appointed for 4 years), 5 of whom are appointed by the State Duma, 5 by the Federation Council, 5 by the President of the Russian Federation, who have a higher legal education. The Central Election Commission exercises general control over the activities of lower-level election commissions, the organization and conduct of elections, and organizes and conducts elections to federal government bodies. CEC decisions are binding on all election commissions in Russia.

2. Election commissions of the constituent entities of the Russian Federation (EC). Formed by the legislative (representative) body of state power of the subject of the Russian Federation (half of the members) and the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject of the Russian Federation - half of the members). Exercises control over the activities of lower-level election commissions in a given subject of the Russian Federation, conducts elections to federal government bodies on the territory of a given subject of the Russian Federation, organizes and conducts elections to government bodies of a given subject of the Russian Federation.

3. Election commissions of municipalities (ECME). May be a legal entity (if such a provision is provided for by the charter of the relevant municipality). The powers of the IKMO may be vested in the relevant territorial commission. The formation of IKMO (for 4 years) is carried out by a representative body of local government.

4. District election commissions (DECs). They are formed in cases provided for by law, are not legal entities, their powers may be vested in other election commissions. The OIC is formed by the corresponding ICS. The DEC organizes and conducts elections in the territory of the corresponding electoral district, monitors the activities of precinct commissions in the territory of this electoral district, and determines the results of elections in the territory of the corresponding electoral district. The term of office of the DEC expires on the day of the official publication of the decision to call the next elections at the appropriate level.

5. Territorial (district, city and other) commissions (TC). It is a permanent body, its members (5-9 people) are appointed by the relevant Executive Committee. The TC organizes and conducts elections in the relevant territory and monitors the activities of lower-level election commissions.

6. Precinct commissions (UC). Formed by the relevant higher election commission. Ensures the process of voters voting and counting their votes at the appropriate polling station. They are created only for the period of preparation and conduct of voting. Members of the CC directly count the ballots. If there are no complaints about its actions, the powers of the precinct commission are terminated 10 days after the official publication of the results of the relevant elections.

50. NOMINATION OF CANDIDATES FOR DEPUTY AND FOR ELECTIVE STATE AND MUNICIPAL POSITIONS

Citizens of the Russian Federation, who have a passive right to vote in these elections, can be nominated as candidates (directly or as part of the list of voters), if they give their consent. The list of candidates is nominated by an electoral association (electoral bloc). At federal and regional elections, lists of candidates may be nominated only by a political party or an electoral bloc, which must include at least one political party. The subjects of nomination of candidates are determined by the relevant electoral law (it is possible to nominate by self-nomination, a group of voters, an electoral association or an electoral bloc). In support of the nomination of candidates (lists of candidates), signatures of voters may be collected in the number and manner determined by the relevant electoral law. At elections of state authorities (except for elections of the President of the Russian Federation) and local self-government bodies, the collection of signatures in support of the nomination of a candidate (list of candidates) may be replaced by the payment of an electoral deposit, the amount of which is 15% of the maximum amount of the electoral fund determined by the relevant electoral law. After collecting the required number of signatures of voters (making an electoral deposit), the relevant election commission registers the candidate (list of candidates). Signature collection expenses are paid from the electoral fund of a candidate or an electoral association (bloc).

Cannot be nominated as a candidate for the post of President of the Russian Federation, the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), the head of a municipal formation, a citizen who filled the specified position and prematurely terminated his powers (voluntarily, as a result of expressing no confidence in him or repudiation of positions).

When collecting signatures, as well as during election campaigning, candidates and registered candidates (their proxies) are prohibited from using the advantages of their official (official) position, violation of this prohibition is the basis for the court to cancel the decision of the election commission on registration of a candidate (decision of the election commission on refusal to register candidate).

51. ELECTION CAMPAIGN

election campaign calls to vote for (against) a candidate (list of candidates), an expression of preference in relation to one of the candidates (list of candidates), a description of the possible consequences election or non-election of a candidate (list of candidates), as well as other actions aimed at inducing or encouraging voters to vote for candidates (lists of candidates) or against them, against all candidates (lists of candidates).

Election campaigning can, in particular, be carried out on the channels of television and radio broadcasting organizations and in print periodicals, through mass events, through the distribution of printed, audiovisual and other campaign materials. Expenses for conducting pre-election campaigning are carried out exclusively at the expense of the relevant electoral fund of the candidate (electoral association).

Campaigning is prohibited state bodies and local governments; persons in the state (municipal) service (when they perform their official (official) duties and (or) using the advantages of their official (official) position); charitable and religious organizations; election commissions and their voting members; foreign citizens, stateless persons, foreign legal entities; minors.

Agitation period begins on the day of nomination of a candidate (list of candidates) by sending a notification to the relevant election commission and ends with the onset of the day preceding the voting day.

State (municipal) TV and radio broadcasting organizations, editorial offices of state (municipal) print publications are obliged to create equal conditions for conducting pre-election campaigning for a fee, and in cases established by the relevant electoral law - free of charge.

Campaign materials should not contain calls for a violent seizure of power, a violent change in the constitutional order and a violation of the integrity of the Russian Federation, and should not be aimed at propaganda of war. Agitation that incites social, racial, national, religious hatred and enmity, as well as the abuse of freedom of the mass media in any other form determined by the legislation of the Russian Federation, is prohibited.

Election campaigning may not contain commercial advertising. Payment for advertising of commercial and other activities not related to elections of candidates, electoral associations, their proxies and authorized representatives, public associations that are part of electoral blocs, authorized representatives of electoral blocs during the election campaign is carried out at the expense of the relevant electoral fund.

52. FINANCING OF ELECTIONS IN THE RUSSIAN FEDERATION

The normative basis for the procedure for financing elections in the Russian Federation is the Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", as well as the norms of individual Federal Laws and laws of the constituent entities of the Russian Federation on various types of elections.

Expenses related to the preparation and conduct of elections appropriate level are made by authorized election commissions at the expense of funds allocated for these purposes from the relevant budget (federal budget, budget of a constituent entity of the Russian Federation, local budget), and appropriations are provided for in the corresponding budget for the next financial year. If funds are not provided for in the budget, then the relevant election commission, and if it is not a legal entity (for example, a district election commission), then the election commission of a constituent entity of the Russian Federation can take a loan from a bank, which will be repaid by the corresponding budget.

In order to finance their election campaign, candidates, as well as electoral associations and blocs that have nominated lists of candidates, create special election funds. The specified election funds are created at the expense of the candidate’s (electoral association, electoral bloc) own funds; funds allocated to the candidate by the electoral association (electoral bloc) that nominated him; voluntary donations from citizens of the Russian Federation who have reached the age of 18 on voting day, and Russian legal entities, if the share of foreign participation, state (municipal) share in their authorized (share) capital does not exceed 30%, they are registered at least a year before the day voting in elections, as well as at the expense of funds allocated in accordance with the law to the relevant candidate (electoral association, electoral bloc) by the election commission; Such accounts are opened as a general rule in branches of the Savings Bank of the Russian Federation.

The electoral law establishes limits on own funds transferred to election funds candidate, electoral association (bloc); funds allocated to the candidate by the electoral association (bloc) that nominated him; voluntary donations of citizens and legal entities, as well as the maximum amount of spending from election funds. It is allowed to increase up to 20% the maximum amount of spending from the electoral fund of registered candidates included in the ballot during the repeat voting (for example, during the second round of elections of the President of the Russian Federation).

Electoral funds have special purpose and are used only for financial support of organizational and technical measures aimed at collecting signatures of voters in support of the nomination of a candidate, election campaigning, payment for works (services) of an informational and consulting nature, payment for other works (services) performed (rendered) by citizens or legal entities, covering other expenses directly related to the conduct by candidates (electoral associations, electoral blocs) of their election campaign, as well as for paying an electoral deposit.

53. ELECTIONS OF DEPUTIES OF THE STATE DUMA OF THE RUSSIAN FEDERATION. THE CONCEPT AND TYPES OF REFERENDUMS

Elections of deputies of the State Duma are carried out in accordance with the Constitution of the Russian Federation, the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" (2002), the Federal Law "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation" (2002) subsequent changes and additions.

Passive suffrage in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation has a person with active suffrage who has reached the age of 21.

Used proportional electoral system: Elections of all deputies are carried out according to party lists in a federal electoral district, those lists of candidates for which at least 7% of voters cast their votes are allowed to distribute deputy mandates. This system is applied starting from the elections of deputies of the State Duma of the fifth convocation, which are to be held in 2007. Previously, only half of the deputies of the State Duma (225 people) were elected by the proportional system, the rest of the deputies were elected by the majoritarian system in one round in single-member constituencies.

Elections of deputies of the State Duma are appointed by the President of the Russian Federation. Lists of candidates (in a federal constituency) can only be nominated by political parties.

The maximum amount of all expenses from the election fund of a political party that has nominated a list of candidates in a federal electoral district is 250 million rubles.

The preparation and conduct of elections of deputies of the State Duma are carried out by the Central Election Commission of the Russian Federation (determines the general results of the elections), election commissions of the constituent entities of the Russian Federation, as well as territorial and precinct commissions.

Referendum (plebiscite) - direct expression of the will of the people by voting, a form of direct democracy. It is necessary to distinguish between a referendum and a popular discussion.

Referendum types:

1. According to the nature of the decision made:

1.1. Legislative (a law is adopted by a referendum decision, for example, based on the decision of the All-Russian referendum held in March 1991, the Law of the RSFSR "On the President of the RSFSR" was adopted).

1.2. Constitutional (a constitution is adopted by a referendum).

1.3. At a referendum, a decision of a different nature is made (for example, a referendum in the subjects of the Russian Federation on the formation of a new subject of the Russian Federation).

2. According to the legal force of the decision made (in Russia, the decision of any legally held referendum has binding legal force):

2.1. The decision is legally binding.

2.2. The decision is advisory (facultative) in nature.

54. REFERENDUM IN THE RUSSIAN FEDERATION

The first referendum in Russia took place in 1991 (on the establishment of the post of President of the RSFSR). At a national referendum on December 12, 1993, the Constitution of the Russian Federation was adopted.

All citizens with active suffrage have the right to participate in a referendum.

A referendum in the Russian Federation can be held at the following levels: federal referendum; regional; local.

The holding of a referendum in the Russian Federation is regulated by the Constitution of the Russian Federation, the Federal Law "On the Referendum of the Russian Federation", the Federal Law "On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation", and the laws of the constituent entities of the Russian Federation.

Issues of special public and state importance are submitted to the referendum.

The following questions cannot be submitted to a referendum of the Russian Federation:

1) on changing the status of the subject (subjects) of the Russian Federation, enshrined in the Constitution of the Russian Federation;

2) on the early termination or extension of the term of office of the President of the Russian Federation, the State Duma, as well as on the holding of early elections of the President of the Russian Federation, deputies of the State Duma, or on the postponement of such elections;

3) on the election, appointment, early termination, suspension or extension of the powers of persons holding government positions in the Russian Federation;

4) on the personal composition of federal bodies of state power, other federal state bodies;

5) on the election, early termination, suspension or extension of the term of office of bodies formed in accordance with an international treaty of the Russian Federation, or officials elected or appointed to a position in accordance with an international treaty of the Russian Federation, as well as on the creation of such bodies or appointment to a position such persons, unless otherwise provided by an international treaty of the Russian Federation;

6) on the adoption and changes in the federal budget, the execution and changes in the internal financial obligations of the Russian Federation;

7) on the introduction, amendment and abolition of federal taxes and fees, as well as on exemption from their payment, etc.

A referendum cannot be held under a state of emergency (martial law), and also within 3 months after the cancellation of the corresponding special legal regime. As a general rule, a referendum of the Russian Federation is not held in the last year of the powers of the President of the Russian Federation, the State Duma, as well as during a federal election campaign, a campaign to hold a federal referendum.

Referendum on the same issue (on an issue with a wording similar in meaning) cannot be held: at the federal level within a year after the official publication of the decision of the referendum of the Russian Federation; at the regional and local levels, such a period (not exceeding 2 years) may be established by the law of a constituent entity of the Russian Federation or by the charter of a municipal formation. The Central Election Commission of the Russian Federation is the Central Electoral Commission of the Russian Federation, referendum commissions are the relevant election commissions. The referendum of the Russian Federation is recognized as valid if more than half of the registered voters took part in it, the decision is made by a majority vote of the total number of voters who took part in the voting.

55. PRESIDENT OF THE RUSSIAN FEDERATION. ELECTION PROCEDURE. CONDITIONS FOR ELECTION PRESIDENT OF THE RUSSIAN FEDERATION

The President of the Russian Federation is the head of state, the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. As head of state, the President of the Russian Federation enjoys immunity. The President of the Russian Federation, in accordance with the procedure established by the Constitution of the Russian Federation and federal legislation, takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity (in particular, introduces a state of emergency and martial law); ensures the coordinated functioning and interaction of public authorities (including taking into account the proposals of the State Council of the Russian Federation); determines the main directions of the domestic and foreign policy of the state (including through the annual message to the Federal Assembly of the Russian Federation); represents the Russian Federation within the country and in international relations.

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 10 years can be elected President of the Russian Federation. The same person cannot hold the office of the President of the Russian Federation for more than two terms in a row.

Elections of the President of the Russian Federation are appointed by the Federation Council (if such a decision is not made, then by the Central Election Commission of the Russian Federation).

Candidates for the position The President of the Russian Federation can be nominated by voters (an initiative group of at least 500 people) and a political party (an electoral bloc that includes a political party). In support of the nomination, at least 2 million voter signatures must be collected, no more than 50 thousand in one subject of the Russian Federation. Registration of candidates who have collected signatures is carried out by the Central Election Commission of the Russian Federation. Candidates nominated by a political party that was admitted to the distribution of mandates in the previous elections of deputies of the State Duma are exempt from collecting signatures.

The preparation and conduct of the presidential elections in the Russian Federation are funded at the expense of the federal budget, under the general supervision of the Central Election Commission of the Russian Federation.

The maximum size of the electoral fund of a candidate for President of the Russian Federation is 250 million rubles (if the candidate enters the second round - 300 million rubles). Certain funds are allocated to registered candidates by the Central Election Commission of the Russian Federation.

Elections are held according to the majoritarian electoral system, in a federal constituency in two rounds. To win in the first round, it is necessary to gain an absolute majority (50% + 1) of the votes of voters, in the second round (repeated voting appointed by the Central Election Commission of the Russian Federation in 3 weeks), two candidates who have received the largest number of votes go to the second round, to win in the second round it is necessary win a relative majority of the popular vote. Elections are considered valid if at least half of the registered voters took part in them.

Results of voting are consistently summed up by precinct commissions, territorial election commissions, election commissions of subjects of the Russian Federation, the results of the election of the President of the Russian Federation are determined and published by the Central Election Commission of the Russian Federation.

56. POWERS OF THE PRESIDENT OF THE RUSSIAN FEDERATION

1. Signing and promulgation of Federal Laws and Federal Laws.

2. Issuance of decrees and orders.

3. Cancellation of acts of the Government of the Russian Federation and federal executive authorities, as well as suspension of acts of executive authorities of constituent entities of the Russian Federation (until a judicial resolution of the issue).

4. Introduction, if necessary, of martial law and state of emergency.

5. To ensure the coordinated functioning and interaction of government bodies using appropriate conciliation procedures, the President of the Russian Federation has the right to refer the dispute to the appropriate court.

6. Carrying out the functions of the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation, appointment to positions and dismissal from positions of the highest command of the Armed Forces of the Russian Federation, leadership of law enforcement agencies (Ministry of Defense of the Russian Federation, etc.), formation and leadership of the Security Council of the Russian Federation.

7. Speech with the annual message to the Federal Assembly of the Russian Federation.

8. Calling elections to the State Duma.

9. Dissolution of the State Duma (after the State Duma has rejected candidates for the post of Chairman of the Government of the Russian Federation three times by the State Duma, if the State Duma twice expresses no confidence in the Government within 3 months, or expresses no confidence in the Government of the Russian Federation if such a question is raised by the Chairman of the Government of the Russian Federation).

10. Calling a federal referendum.

11. Appointment of 5 members of the Central Election Commission of the Russian Federation.

12. Appointment of the Chairman of the Government of the Russian Federation, can preside at meetings of the Government of the Russian Federation, at the proposal of the Chairman of the Government of the Russian Federation, appointment to positions and dismissal from positions of Deputy Chairman of the Government of the Russian Federation and federal ministers. The President of the Russian Federation has the right to decide on the resignation of the Government of the Russian Federation as a whole.

13. Submission to the Federation Council of 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, the appointment of judges of other federal courts.

14. Submitting a candidate to the State Duma for appointment to the post of Chairman of the Central Bank of the Russian Federation, raising before the State Duma the issue of dismissing him from office; presenting to the Federation Council a candidacy for appointment to the post of Prosecutor General of the Russian Federation, raising the issue of his dismissal from office before the Federation Council.

15. Formation of the Administration of the President of the Russian Federation, sending authorized representatives of the President of the Russian Federation.

16. Managing foreign policy, conducting international negotiations on behalf of the Russian Federation, signing international treaties of the Russian Federation, appointing and recalling ambassadors extraordinary and plenipotentiary and other diplomatic representatives of Russia in foreign states and international organizations.

17. Resolving issues of Russian citizenship and granting political asylum to persons in the Russian Federation.

18. Awarding state awards of the Russian Federation, conferring honorary titles of the Russian Federation, highest military and highest special ranks.

19. Implementation of pardon.

57. AUTHORIZED REPRESENTATIVES OF THE PRESIDENT OF THE RUSSIAN FEDERATION

The President of the Russian Federation appoints and dismisses his authorized representatives: in federal districts, in the chambers of the Federal Assembly of the Russian Federation, in the Constitutional Court of the Russian Federation, other bodies and structures, on special instructions.

Before 2000 Plenipotentiaries of the President of the Russian Federation (PPP) were in each subject of the Russian Federation, in 2000 Russia was divided into 7 federal districts, each of them was assigned a PPP, the Regulations on the PPP in the federal district were approved.

The PPP is appointed and dismissed by the President of the Russian Federation on the proposal of the head of the Administration of the President of the Russian Federation, and is subordinate and accountable to the President of the Russian Federation.

The main tasks of the PPP in the federal district are organization in the relevant federal district of work on the implementation by public authorities of the main directions of the domestic and foreign policy of the state, determined by the President of the Russian Federation (in particular, in a message to the Federal Assembly of the Russian Federation); organization of control over the execution in the federal district of decisions of federal government bodies; ensuring the implementation of the personnel policy of the President of the Russian Federation in the federal district; providing the President of the Russian Federation with regular reports on ensuring national security in the federal district, on the political, social and economic situation in the federal district, as well as making appropriate proposals to the President of the Russian Federation (for example, on the suspension of acts of the executive bodies of state power of the subjects of the Russian Federation, if they contradict the Constitution Russian Federation, international obligations of the Russian Federation, federal legislation or violate the rights and freedoms of man and citizen). The PPP in the federal district coordinates submissions sent to the President of the Russian Federation on awarding state awards of the Russian Federation, on declaring gratitude from the President of the Russian Federation, on conferring honorary titles of the Russian Federation, higher military and special ranks, on behalf of the President of the Russian Federation, presents state awards of the Russian Federation, certificates to federal judges appointed by decree of the President of the Russian Federation for work in the territory of the corresponding federal district, etc. The PPP in the federal district has the right to take part in the work of state authorities of the constituent entities of the Russian Federation and local governments located within the corresponding federal district. The PPP has the right to request and receive the necessary documents and materials from federal government bodies, government bodies of the constituent entities of the Russian Federation, local governments, organizations and their officials located within the relevant federal district. The SPT, if necessary, has the right to involve employees of the Main Control Directorate of the President of the Russian Federation, as well as employees of federal executive bodies and their territorial divisions, for conducting inspections.

Ensuring the activities of the PPP in the federal district is carried out by its apparatus, which is an independent structural subdivision of the Administration of the President of the Russian Federation.

58. ADMINISTRATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION

In accordance with paragraph. "and" Article. 83 of the Constitution of the Russian Federation, the Administration of the President of the Russian Federation is formed by the President of the Russian Federation, is a state body that ensures the activities of the President of the Russian Federation. The regulation on the Administration of the President of the Russian Federation is approved by decree of the President of the Russian Federation.

The Administration of the President of the Russian Federation is headed by the head of the Administration of the President of the Russian Federation, in addition to him, the Administration of the President of the Russian Federation includes deputy heads of the Presidential Administration of the Russian Federation, assistants, advisers and assistants to the President of the Russian Federation, the press secretary of the President of the Russian Federation, the head of the protocol of the President of the Russian Federation, as well as authorized representatives of the President of the Russian Federation in federal districts, the Federation Council, the State Duma, the Constitutional Court of the Russian Federation. Independent subdivisions of the Administration of the President of the Russian Federation are the apparatus of the Security Council of the Russian Federation, the apparatus of plenipotentiaries and advisers to the President of the Russian Federation, and the Control Directorate of the President of the Russian Federation. The Administration of the President of the Russian Federation also ensures the activities of a number of commissions and councils under the President of the Russian Federation, in particular the Commission on Human Rights, the Heraldic Council.

The Administration of the President of the Russian Federation organizes the preparation of bills for their subsequent submission by the President of the Russian Federation; prepares draft opinions on bills adopted by the State Duma in the first reading; prepares, coordinates and submits to the President of the Russian Federation draft decrees and other acts of the President of the Russian Federation; ensures the publication (promulgation) of ratified international treaties of the Russian Federation, federal constitutional laws signed by the President of the Russian Federation, federal laws, decrees and other acts of the President of the Russian Federation; prepares the draft of the annual message of the President of the Russian Federation to the Federal Assembly of the Russian Federation; prepares draft appeals of the President of the Russian Federation to the Constitutional Court of the Russian Federation; presents information and analytical reports to the President of the Russian Federation, etc.

59. STATE COUNCIL OF THE RUSSIAN FEDERATION

In 2000, in connection with a change in the procedure for forming the Federation Council, the State Council of the Russian Federation was established by decree of the President of the Russian Federation, and the Regulations on the State Council of the Russian Federation were approved.

State Council of the Russian Federation - an advisory body that facilitates the implementation of the powers of the President of the Russian Federation as the head of state on issues of ensuring the coordinated functioning and interaction of government bodies. The State Council of the Russian Federation discusses problems of special national importance; makes the necessary proposals to the President of the Russian Federation; at the proposal of the President of the Russian Federation, considers draft federal laws and decrees of the President of the Russian Federation that are of national importance; discusses the draft federal law on the federal budget and information from the Government of the Russian Federation on the progress of execution of the federal budget.

The Chairman of the State Council of the Russian Federation is the President of the Russian Federation, ex officio members of the State Council of the Russian Federation are the highest officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation, as well as (by decision of the President of the Russian Federation) persons who have held these positions for two or more terms in a row. From among the members of the State Council of the Russian Federation, the President of the Russian Federation forms the presidium of the State Council of the Russian Federation, consisting of 7 members (subject to rotation every six months). The Presidium of the State Council of the Russian Federation meets monthly, considers the work plan of the State Council of the Russian Federation and the agenda of its next meeting. Meetings of the State Council of the Russian Federation are held regularly, at least once every 3 months, by decision of the Chairman of the State Council of the Russian Federation. Decisions of the State Council of the Russian Federation, adopted by discussion, are drawn up in the form of protocols and signed by the Secretary of the State Council of the Russian Federation, if necessary, appropriate decrees and orders of the President of the Russian Federation are adopted.

The duties of the Secretary of the State Council of the Russian Federation by the decision of the President of the Russian Federation are assigned to one of the Deputy Heads of the Administration of the President of the Russian Federation.

The chairman, members and secretary of the State Council of the Russian Federation perform their duties on a voluntary basis.

The practice of appointing special representatives of the President of the Russian Federation is also widespread. For example, by decree of the President of the Russian Federation of July 12, 2004, a special representative of the President of the Russian Federation was appointed for the development of integration cooperation with the member states of the Commonwealth of Independent States.

60. TERMINATION OF THE POWERS OF THE PRESIDENT OF THE RUSSIAN FEDERATION. GUARANTEES TO THE PRESIDENT OF THE RUSSIAN FEDERATION WHO TERMINATED THE EXERCISION OF HIS POWERS

Grounds for termination of powers of the President of the Russian Federation:

1. Termination of the exercise of the powers of the President of the Russian Federation with the expiration of the term of office (from the moment the newly elected President of the Russian Federation takes the oath).

2. Voluntary resignation of the President of the Russian Federation.

3. Persistent inability of the President of the Russian Federation for health reasons to exercise his powers.

4. Removal from office (on the basis of a 2/3 vote put forward by the State Duma, upon the conclusion of a special deputy commission, accusations of high treason or the commission of another grave crime, 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, by decision of the Federation Council (²/₃ votes of members of the chamber) within 3 months after the State Duma charges against the President of the Russian Federation).

In 2001, the Federal Law "On Guarantees to the President of the Russian Federation, who has terminated the exercise of his powers, and members of his family" was adopted. The norms of this law do not apply to the President of the Russian Federation, who has been removed from office. The former President of the Russian Federation is provided with lifelong state protection, a lifelong state dacha, special (government) communications, medical and transport services, he is subject to compulsory state insurance.

The former President of the Russian Federation has inviolability. The decision to deprive him of his immunity can be made successively by the chambers of the Federal Assembly of the Russian Federation on the proposal of the Prosecutor General of the Russian Federation.

The monthly remuneration of the former President of the Russian Federation is 75% of the monthly remuneration of the President of the Russian Federation. Also, a monthly cash fund for the wages of assistants to the former President of the Russian Federation is established.

Social guarantees are also provided to family members of the former President of the Russian Federation.

All these expenses in connection with the maintenance of the former President of the Russian Federation and members of his family are financed from the federal budget.

61. STATUS OF A MEMBER OF THE COUNCIL OF THE FEDERATION AND A DEPUTY OF THE STATE DUMA

Deputy status State Duma (DG) and member Federation Council (SF) is determined by the Constitution of the Russian Federation, the Federal Law "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."

In terms of social guarantees, a member of the Federation Council and a deputy of the State Duma are equated with a federal minister, and the chairmen of the chambers (their deputies) are equated with the Chairman of the Government of the Russian Federation (his deputies).

Member of the Federation Council and deputy of the State Duma not entitled be a deputy of another legislative (representative) body of state power (local self-government), hold other state (municipal) positions, be a state (municipal) employee, engage in entrepreneurial or other paid activities (except for teaching, scientific and other creative activities), be a member of a governing body commercial organization.

Forms of activity a member of the Federation Council and a deputy of the State Duma: participation in meetings of the chambers; participation in the work of committees and commissions of the chambers, participation in the implementation of instructions of the chambers, participation in parliamentary hearings and submission of draft laws to the State Duma, submission of a parliamentary request, submission of a deputy request, addressing questions to members of the Government of the Russian Federation at a meeting of the chamber, appeal to the relevant officials with a request take measures to immediately suppress the discovered violation of the rights of citizens. The forms of activity of a deputy of the State Duma are also work with voters and participation in the work of deputy associations (fractions and deputy groups).

A member of the Federation Council, a deputy of the State Duma have the right to be received on a priority basis by officials of all levels.

A member of the Federation Council, a deputy of the State Duma, during their term of office, have inviolability, cannot be brought to criminal liability, administrative liability imposed in court, detained, arrested, searched (except for cases of detention at the scene of a crime) or interrogated, subjected to personal search, except in cases where this is provided for by the Federal Law to ensure the safety of others of people.

Member of the Federation Council, deputy of the State Duma on the territory of the Russian Federation they have a right free use of air, rail, road, water transport and all types of urban and suburban passenger transport (with the exception of taxis), as well as the right to purchase travel documents out of order, the right to extraordinary accommodation in a state (municipal) hotel. A member of the Federation Council, a deputy of the State Duma, who do not have a living space in Moscow, are provided with such for the period of exercising their powers. Members of the Federation Council, deputies of the State Duma are issued a diplomatic passport for the period of their powers.

A member of the Federation Council, a deputy of the State Duma has the right to have up to 5 full-time assistants (working under an employment contract) and up to 40 assistants on a voluntary basis. A member of the Federation Council, a deputy of the State Duma is set a total monthly wage fund for their assistants in the amount of 1,65 of the monthly monetary remuneration of a deputy of the State Duma, this fund is distributed by the corresponding member of the Federation Council (deputy of the State Duma) independently.

62. STRUCTURE AND COMPETENCE OF THE FEDERATION COUNCIL

The Federation Council (SF) consists of 2 members from each subject of the Russian Federation, that is, there should be 178 members in total.

Powers of a member of the Federation Council are terminated simultaneously with the termination of the powers of the body (official) that appointed him (the legislative body of state power of a constituent entity of the Russian Federation or the highest official of a constituent entity of the Russian Federation).

From among its members, the Federation Council elects the Chairman of the Chamber and his deputies (including the first deputy), who conduct meetings and manage the internal routine of the Chamber, sign resolutions and other acts of the Chamber. The Chairman of the Federation Council, who has ceased to exercise his powers, may be elected Honorary Chairman of the Federation Council for life, the first Chairman of the Federation Council is equal to the Honorary Chairman of the Federation Council. The Chairman of the Federation Council and his deputies cannot be representatives of one subject of the Russian Federation.

The Council of the Chamber includes the Chairman of the Federation Council and his deputies, chairmen of committees and standing commissions of the Federation Council.

The Council of the Chamber resolves a number of organizational issues (in particular, approves the monthly schedule of meetings of the Federation Council, considers the draft agenda of the Federation Council, decides on holding parliamentary hearings). The Federation Council has the right to cancel the decision of the Council of the Chamber.

From among the members of the chamber of the Federation Council forms committees, permanent commissions, as well as temporary commissions to work with the laws adopted by the State Duma, prepare legislative initiatives of the Federation Council and resolve other issues within the competence of the Federation Council. Each member of the Federation Council, except for the Chairman of the Chamber and his deputies, must be a member of one of the committees of the Federation Council. The Chairman of the Federation Council and his deputies have the right to be members of temporary commissions of the Federation Council. The chairmen of committees and commissions and their deputies are appointed by the chamber.

Competence of the Federation Council:

1. Making decisions to approve or reject laws adopted by the State Duma.

2. Presentation of a legislative initiative.

3. Approval of changes in borders between constituent entities of the Russian Federation.

4. Approval of the decree of the President of the Russian Federation on the introduction of martial law, approval of the decree of the President of the Russian Federation on the introduction of a state of emergency.

5. Resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation.

6. Appointment of elections of the President of the Russian Federation.

7. Removal of the President of the Russian Federation from office.

8. Appointment to a position on the recommendation of the President of the Russian Federation, judges of the Constitutional Court of the Russian Federation, judges of the Supreme Court of the Russian Federation, judges of the Supreme Arbitration Court of the Russian Federation.

9. Appointment of 5 members of the Central Election Commission of the Russian Federation.

10. Appointment to a position and dismissal from a position, upon the recommendation of the President of the Russian Federation, the Prosecutor General of the Russian Federation.

11. Appointment to the post of Deputy Chairman of the Accounts Chamber of the Russian Federation and half of its auditors.

12. Appeal to the Constitutional Court of the Russian Federation (including a request for an official interpretation of the Constitution of the Russian Federation).

63. ORGANIZATION OF THE WORK OF THE FEDERATION COUNCIL

Operating procedure Federation Council of the Federal Assembly of the Russian Federation (SF) is mainly determined by its Regulations (approved by the resolution of the Federation Council).

The Federation Council works separately from the State Duma, together the chambers of the Federal Assembly of the Russian Federation gather to hear messages from the President of the Russian Federation and the Constitutional Court of the Russian Federation, speeches by heads of foreign states.

As a general rule, meetings of the Federation Council are open; by decision of the chamber, a meeting of the Federation Council can be held behind closed doors (a closed meeting of a committee and commission of the Federation Council is also possible).

The first meeting of the Federation Council (before the election of the Chairman of the Federation Council) is opened and chaired by the oldest member of the Federation Council. As a general rule, the meeting of the Federation Council is chaired by the Chairman of the Federation Council or his deputy (elected by the Federation Council from among its members).

The Council of the Chamber is created in the Federation Council (which includes the Chairman of the Federation Council and his deputies, chairmen of committees and standing commissions of the Federation Council). The Council of the Chamber organizes the activities of the Federation Council.

In the Federation Council, committees, permanent commissions, as well as temporary commissions are created from among the members of the upper chamber. These bodies are engaged, in particular, in the development and preliminary consideration of draft laws submitted by the Federation Council as a legislative initiative, prepare conclusions on the Federal Laws adopted by the State Duma and submitted to the Federation Council for approval by the upper house of the Federal Assembly of the Russian Federation.

The meeting of the Federation Council begins with the registration by name of the members of the chamber present (they must be more than half of the total number of members of the Federation Council). In case of rudeness, the chairman can warn the speaker, in case of a repeated violation - to deprive him of the floor for the whole day of the meeting of the Federation Council, he also monitors compliance with the time limits established by the Regulations of the Federation Council.

Priority consideration at a meeting of the Federation Council (in the above order) is subject to: messages and appeals of the President of the Russian Federation; draft acts of the Federation Council on matters of conducting the chamber; draft laws of the Russian Federation on amendments to the Constitution of the Russian Federation, FKZ, approved by the State Duma; Federal Laws adopted by the State Duma and subject to mandatory consideration in the Federation Council; proposals to revise the provisions of Ch. 1, 2 and 9 of the Constitution of the Russian Federation; proposals to send inquiries from the Federation Council to the Constitutional Court of the Russian Federation.

For each issue on the agenda of the meeting of the Federation Council, a report is first heard, then debates are held.

Consideration of issues at a meeting of the Federation Council ends with a decision by voting. Voting may be open (including by name) or secret, may be carried out both with the use of an electronic vote counting system (both open and secret), and without it (including with the use of ballots).

The decision is made by a majority of votes from the total number of members of the Federation Council, unless otherwise provided by the Constitution of the Russian Federation or the Regulations of the chamber (for example, for the re-adoption of the Federal Law rejected by the President of the Russian Federation, adopted by the Federal Assembly of the Russian Federation, a qualified majority in ²/3 votes of members of the Federation Council). Decisions on procedural issues are made by a majority vote of the members of the Federation Council who took part in the voting.

64. STRUCTURE AND COMPETENCE OF THE STATE DUMA. ORGANIZATION OF ITS WORK

The composition State Duma of the Federal Assembly of the Russian Federation (DG) includes 450 deputies elected for 4 years.

Deputies of the State Duma are elected according to the proportional electoral system according to party lists, while those lists of candidates who received at least 7% of the votes are allowed to distribute deputy mandates.

Competence of the State Duma: 1. Adoption of FKZ and FZ, laws on constitutional amendments. 2. Giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation. 3. Resolution of the issue of confidence in the Government of the Russian Federation. 4. Appointment and dismissal of the Chairman of the Central Bank of the Russian Federation, the Chairman of the Accounts Chamber of the Russian Federation and half of its auditors, the Commissioner for Human Rights in the Russian Federation. 5. Appointment to the position of 5 members of the Central Election Commission of the Russian Federation. 6. Announcement of amnesty. 7. Bringing charges against the President of the Russian Federation for his removal from office. 8. Appeal to the Constitutional Court of the Russian Federation (including with a request for an official interpretation of the Constitution of the Russian Federation). As a general rule, meetings of the State Duma are open; by decision of the chamber, a meeting can be held behind closed doors (a closed meeting of the committee of the State Duma is also possible).

The first meeting of the State Duma (before the election of the Chairman of the State Duma) is opened and chaired by the oldest deputy. As a general rule, the meeting of the State Duma is chaired by the Chairman of the State Duma or his deputy (elected by the State Duma from among its members).

In the State Duma, the Council of the State Duma is created, which includes the heads of deputy associations, as well as the Chairman of the State Duma, his deputies, chairmen of the committees of the State Duma. The Council of the State Duma is engaged in the preliminary preparation of organizational decisions on the activities of the chamber.

For the preparation and preliminary consideration of draft laws, the organization of parliamentary hearings and the resolution of other issues in the course of legislative work, committees and commissions are formed as part of the State Duma.

In the State Duma, deputy associations are formed from among the deputies: factions (based on an electoral association (electoral bloc) that has passed its list of candidates in the federal constituency in the State Duma) and deputy groups (at least 35 deputies).

The State Duma works sessionally (spring and autumn sessions).

Messages and appeals of the President of the Russian Federation, urgent bills submitted by the President of the Russian Federation or the Government of the Russian Federation, budget bills, federal laws returned for reconsideration by the Council of Federation or the President of the Russian Federation, as well as other issues, if the appropriate resolution is adopted by the chamber, are subject to extraordinary consideration at a meeting of the State Duma.

Consideration of bills and acts of the chamber ends with the adoption of a decision by voting.

The decision of the chamber is taken by a majority vote of the total number of deputies of the State Duma, unless otherwise provided by the Constitution of the Russian Federation or the Regulations of the State Duma. Decisions on procedural issues are made by a majority vote of the deputies who took part in the voting.

65. SYSTEM OF FEDERAL EXECUTIVE AUTHORITIES

Executive power in the Russian Federation at the federal level is exercised by the Government of the Russian Federation, which consists of the Chairman of the Government of the Russian Federation, Deputy Chairmen of the Government of the Russian Federation and federal ministers.

Structure federal executive authorities (FOI) is determined by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation; also, on the proposal of the Chairman of the Government of the Russian Federation, the President of the Russian Federation appoints Deputy Prime Ministers of the Russian Federation and federal ministers. The Prime Minister distributes duties among the Deputy Prime Ministers of the Russian Federation, and one of the Deputy Prime Ministers of the Russian Federation performs the functions of the Prime Minister of the Russian Federation (in particular, chairs a meeting of the Government of the Russian Federation) during the absence of the Prime Minister of the Russian Federation (FKZ "On the Government of the Russian Federation").

The Chairman of the Government of the Russian Federation determines the main areas of activity of the Government of the Russian Federation, organizes its work. In particular, he presides at meetings of the Government of the Russian Federation, gives instructions to the Vice-Chairmen, federal ministers, signs resolutions of the Government of the Russian Federation, as well as orders.

The Government of the Russian Federation develops and submits to the State Duma a draft federal law on the federal budget for the next financial year, ensures the execution of the adopted federal budget, and then reports to the State Duma on this. The Government of the Russian Federation manages federal state property, and in practice, this authority is delegated by the Government of the Russian Federation to a specialized federal executive authority. In addition, the Government of the Russian Federation ensures the implementation of a unified state policy in a number of socially important areas, contributes to the defense of the country, ensuring state security, implementing Russian foreign policy, maintaining the rule of law, ensuring the rights and freedoms of man and citizen, protecting public order and combating crime. . The Government of the Russian Federation is the subject of the right of legislative initiative.

The Government of the Russian Federation approves the regulations on federal executive authorities, establishes the procedure for the creation and operation of their territorial bodies, forms a mobilization plan for the Russian economy, manages the state debt of the Russian Federation, and, within its powers, concludes international treaties of the Russian Federation.

To resolve operational issues within the Government of the Russian Federation, the Presidium of the Government of the Russian Federation is formed, which includes the Chairman of the Government of the Russian Federation, deputies of the Chairman of the Government of the Russian Federation and federal ministers appointed by him.

The Government of the Russian Federation manages the activities of federal executive authorities. At the same time, most federal services and federal agencies, in turn, are subordinate to one or another federal ministry.

The President of the Russian Federation, as the Supreme Commander of the Armed Forces of the Russian Federation and Chairman of the Security Council of the Russian Federation, directly supervises a number of "power" federal executive bodies - the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation and some others.

66. JUDICIAL POWER IN THE RUSSIAN FEDERATION AND ITS CONSTITUTIONAL AND LEGAL FRAMEWORK

The general characteristics of the judicial system of the Russian Federation are determined by the Constitution of the Russian Federation and the Federal Law "On the judicial system of the Russian Federation".

The federal courts are Constitutional Court of the Russian Federation (CC RF); courts of general jurisdiction headed by Supreme Court of the Russian Federation (SC RF) (consider disputes involving individuals in criminal, civil and administrative proceedings); arbitral tribunals headed Supreme Arbitration Court of the Russian Federation (SAC RF) (consider economic disputes involving legal entities in civil proceedings). The Supreme Court of the Russian Federation includes the Plenum (general meeting of judges of the Supreme Court of the Russian Federation), the Presidium, the Judicial Collegia for Criminal and Civil Cases, the Military Collegium, the Judicial Collegium for Criminal Cases, the Judicial Collegium for Civil Cases, the Cassation Collegium, and the Cassation Chamber. Judges of the Supreme Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation, agreed with the Higher Qualifications Board of Judges of the Russian Federation and the Chairman of the Supreme Court of the Russian Federation. Also, the system of federal courts of general jurisdiction includes the supreme courts of the republics, regional courts, regional courts, city courts of federal cities, courts of autonomous districts, the court of an autonomous region (courts of the level of a constituent entity of the Russian Federation) and district (and equivalent) courts. As part of the courts at the level of a constituent entity of the Russian Federation, judicial chambers for criminal and civil cases are formed. Federal judges of these courts are appointed by decree of the President of the Russian Federation, agreed with the qualification board of judges of the corresponding subject of the Russian Federation.

The system of courts of general jurisdiction also includes military courts - district and naval military courts (similar to courts at the level of a constituent entity of the Russian Federation) and garrison military courts (equivalent to district courts). The material and technical support of courts of general jurisdiction (except for the Supreme Court of the Russian Federation) is carried out by the Judicial Department under the Supreme Court of the Russian Federation and its territorial bodies.

The Supreme Arbitration Court of the Russian Federation includes a Plenum and a Presidium. Judges of the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation, agreed with the Higher Qualifications Board of Judges of the Russian Federation and the Chairman of the Supreme Arbitration Court of the Russian Federation. Also, the system of arbitration courts includes federal arbitration courts of districts and arbitration courts at the level of subjects of the Russian Federation, federal arbitration judges of these arbitration courts are appointed by decree of the President of the Russian Federation, the material and technical support of these arbitration courts is carried out by the Supreme Arbitration Court of the Russian Federation. Currently, federal arbitration courts of appeal are being formed.

In accordance with the laws of the constituent entities of the Russian Federation, courts of the constituent entities of the Russian Federation may be established - justices of the peace (included in the system of courts of general jurisdiction) and constitutional (charter) courts of the constituent entities of the Russian Federation.

The competence of the constitutional (charter) court of a constituent entity of the Russian Federation is determined by the constitution (charter) of the constituent entity of the Russian Federation, the laws of the constituent entity of the Russian Federation. Usually, the constitutional (charter) courts of the subjects of the Russian Federation are engaged in checking the compliance of laws and other acts of the subjects of the Russian Federation with the constitution (charter) of the subject of the Russian Federation, the official interpretation of the constitution (charter) of the subject of the Russian Federation. The constitutional (charter) court of a constituent entity of the Russian Federation is financed from the budget of the constituent entity of the Russian Federation.

67. THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AS A JUDICIAL BODY OF CONSTITUTIONAL CONTROL

Constitutional Court of the Russian Federation (CC RF) is the judicial body of constitutional control.

Functions (main activities) of the Constitutional Court of the Russian Federation (Article 125 of the Constitution of the Russian Federation):

1. Resolution of cases on compliance with the Constitution of the Russian Federation of federal laws, regulations of the President of the Russian Federation, chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, constitutions (charters) of the constituent entities of the Russian Federation, as well as laws and other regulatory acts of the constituent entities of the Russian Federation, issued on issues of the exclusive jurisdiction of the Russian Federation and issues of joint jurisdiction of the Russian Federation and subjects of the Russian Federation, agreements between state authorities that have not entered into force international treaties of the Russian Federation.

2. Resolution of disputes about competence between state authorities (the Russian Federation among themselves, the Russian Federation and the constituent entities of the Russian Federation, the constituent entities of the Russian Federation among themselves).

3. Verification of the constitutionality of the law applied or subject to application in a particular case on complaints of violation of the constitutional rights and freedoms of citizens and at the request of the courts.

4. Official interpretation of the Constitution of the Russian Federation (only at the request of the President of the Russian Federation, chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, legislative (representative) bodies of state power of the constituent entities of the Russian Federation).

5. Issuance of an opinion on compliance with the established procedure for accusing the President of the Russian Federation of high treason or committing another grave crime (only at the request of the Federation Council).

6. Realization of the right of legislative initiative (on matters of conducting the Constitutional Court of the Russian Federation) - Art. 104 of the Constitution of the Russian Federation.

The Constitutional Court of the Russian Federation consists of 19 judges (Part 1, Article 125 of the Constitution of the Russian Federation). 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, are sworn in by the Chairman of the Federation Council. Judges are divided into 2 chambers (10 and 9 judges, the chairman and deputy chairman - in different chambers), the personal composition of the chambers is determined by lot (Article 20 of the Federal Law "On the Constitutional Court of the Russian Federation"). At the plenary session of the Constitutional Court of the Russian Federation, the judges of the Constitutional Court of the Russian Federation elect the Chairman of the Constitutional Court of the Russian Federation, his deputy, and also the secretary judge from among their members. A number of issues (in particular, the resolution of cases on the conformity of the Constitution of the Russian Federation with the constitutions (charters) of the constituent entities of the Russian Federation, the official interpretation of the Constitution of the Russian Federation, the decision on the issue of coming up with a legislative initiative) are resolved only at a plenary session of the Constitutional Court of the Russian Federation. Other issues may be considered at a meeting of the chamber of the Constitutional Court of the Russian Federation.

The Constitutional Court of the Russian Federation is financed on the basis of a separate article of the federal budget, and is itself engaged in its organizational, technical and other support.

68. BASIC RULES OF CONSTITUTIONAL JUDICIAL PROCEEDINGS

Constitutional legal proceedings are an independent type of legal proceedings (along with criminal, civil and administrative), carried out by the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation.

The Constitutional Court of the Russian Federation acts on the basis of the Constitution of the Russian Federation, the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Regulations of the Constitutional Court of the Russian Federation.

The constitutional (charter) court of a subject of the Russian Federation acts on the basis of the constitution (charter) of the corresponding subject of the Russian Federation, the law of the corresponding subject of the Russian Federation on the constitutional (charter) court of the subject of the Russian Federation, the rules of the constitutional (charter) court of the subject of the Russian Federation.

Principles of constitutional legal proceedings are independence, collegiality, publicity, oral proceedings, the language of legal proceedings, the continuity of the court session, competitiveness and equality of the parties (Chapter IV of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the corresponding chapters of the laws of the constituent entities of the Russian Federation on constitutional (charter) courts of the constituent entities of the Russian Federation).

The Constitutional Court of the Russian Federation (as well as the constitutional (charter) courts of the constituent entities of the Russian Federation) is not entitled to consider any issue at its own discretion; this requires a request (application, petition) sent in the prescribed manner by an authorized body (person) and meeting the admissibility criteria.

The Constitutional Court of the Russian Federation, the constitutional (charter) courts of the constituent entities of the Russian Federation consider, first of all, questions of law, and do not solve political problems and do not investigate the actual circumstances of the case, if such a study is within the competence of other bodies (including judicial ones).

When considering the issue of the conformity of an act of the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation checks it in terms of content and form, in terms of the subject and procedure for adoption, in accordance with the constitutional delineation of jurisdiction and powers (Articles 71-73 of the Constitution of the Russian Federation), the constitutional principle of separation of powers. If the contested act was adopted before the entry into force of the Constitution of the Russian Federation (December 25, 1993), then it is considered only in terms of content.

Decisions of the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation are final, not subject to appeal, come into force immediately after the proclamation, and are an important source of Russian constitutional law.

69. CONSTITUTIONAL FRAMEWORK FOR PROSECUTOR'S SUPERVISION IN THE RUSSIAN FEDERATION

Article 129 of the Constitution of the Russian Federation, dedicated to the Prosecutor's Office of the Russian Federation, is placed in Ch. 7 of the Constitution of the Russian Federation "Judicial power". However, this does not mean that the prosecutor's office can be attributed to the judiciary.

The Prosecutor's Office of the Russian Federation is a centralized law enforcement structure, closing at the top on the Prosecutor General of the Russian Federation, subordinate ties are established between prosecutors (Part 1, Article 129 of the Constitution of the Russian Federation). Prosecutors are appointed and dismissed by the Prosecutor General of the Russian Federation (parts 3 and 4 of Article 129 of the Constitution of the Russian Federation), and the prosecutor of a constituent entity of the Russian Federation is appointed to the position by the Prosecutor General of the Russian Federation in agreement with the relevant constituent entity of the Russian Federation (part 3 of Article 129 of the Constitution of the Russian Federation) . For example, the prosecutor of the city of Moscow is appointed to the post by the Prosecutor General of the Russian Federation after the appropriate consent of the Moscow City Duma.

The Prosecutor General of the Russian Federation himself is appointed and dismissed by the Federation Council on the proposal of the President of the Russian Federation (Part 2, Article 129 of the Constitution of the Russian Federation). The Prosecutor General of the Russian Federation is ex officio a real State Counselor of Justice.

The Constitutional Court of the Russian Federation in Resolution No. 17P of December 1, 1999 "On a dispute over competence between the Federation Council and the President of the Russian Federation regarding the ownership of the authority to issue an act on the temporary removal of the Prosecutor General of the Russian Federation from office in connection with the initiation of a criminal case against him" established, that the relevant authority, based on the Constitution of the Russian Federation, does not belong to the Federation Council. Consequently, in the absence of other legislative regulation, the act on the temporary removal of the Prosecutor General of the Russian Federation from office in connection with the initiation of a criminal case against him not only can, but is obliged to issue the President of the Russian Federation as the head of state, the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen.

70. SYSTEM OF STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION

Principles of system organization public authorities of the constituent entities of the Russian Federation (OGVS RF) defined by the Constitution of the Russian Federation, the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (1999).

The activities of the RF OGVS are based on the principles state and territorial integrity of the Russian Federation, the spread of the sovereignty of the Russian Federation over its entire territory, the supremacy of the Constitution of the Russian Federation and the Federal Law throughout the territory of the Russian Federation, the unity of the system of state power, the separation of powers, the delineation of jurisdiction and powers between state authorities of the Russian Federation and the subjects of the Russian Federation, the independent exercise of their powers OGVS RF and LSG.

OGVS system of the Russian Federation make up the legislative (representative) OGVS of the Russian Federation (ZOGVS RF), senior executive OGVS of the Russian Federation (VIOGVS RF), other executive OGVS of the Russian Federation (provided for by the constitution (charter) and laws of the subject of the Russian Federation). In a subject of the Russian Federation, in accordance with the charter of the subject of the Russian Federation and the laws of the subject of the Russian Federation, a constitutional (charter) court of the subject of the Russian Federation can also be created.

Number of deputies, structure and term of office ZOGVS RF (but not more than 5 years, at least 50% of the deputies are elected by the proportional electoral system) are established by the constitution (charter) of the constituent entity of the Russian Federation. The ZOGVS RF adopts the constitution (charter) of a constituent entity of the Russian Federation, the laws of a constituent entity of the Russian Federation, and exercises other powers in accordance with federal legislation, the constitution (charter) and legislation of a constituent entity of the Russian Federation.

Decision on vesting a citizen of the Russian Federation with powers the highest official of the subject of the Russian Federation (VDLS

RF) (Head of the VIOGVS RF) is accepted by the ZOGVS RF, on the proposal of the President of the Russian Federation. If the regional parliament rejects the candidacy three times, it can be dissolved by the President of the Russian Federation, who has the right to appoint, by his decree, an interim VDLS of the Russian Federation (head of the VIOGVS of the Russian Federation).

VDLS RF represents the relevant subject of the Russian Federation in relations with the FOGV, OGVS RF, OMS, forms the VIOGVS RF, signs and promulgates the laws of the subject of the Russian Federation, and exercises other powers.

VioGVS RF ensures the implementation of the Constitution of the Russian Federation, federal legislation and other federal regulatory legal acts, the constitution (charter) of the constituent entity of the Russian Federation, laws and other acts of the constituent entity of the Russian Federation on the territory of the corresponding constituent entity of the Russian Federation, develops a draft budget of the constituent entity of the Russian Federation (for its submission to the VDLS of the Russian Federation in the ZoGVS RF), manages and manages the property of a constituent entity of the Russian Federation, manages federal property transferred to the management of this constituent entity of the Russian Federation, and forms other executive bodies of the constituent entity of the Russian Federation.

The ZOGVS RF may take part in the formation of the VIOGVS RF, the approval (approval) of the appointment of individual officials of the VIOGVS RF in accordance with the constitution (charter) and legislation of the constituent entity of the Russian Federation.

Until the decision of the relevant issue by the court, the President of the Russian Federation has the right to suspend the operation of the act of the VDLS of the Russian Federation or the act of the IOGVS of the Russian Federation, if it contradicts the Constitution of the Russian Federation, the Federal Law, international obligations of the Russian Federation or violates the rights and freedoms of a person and a citizen.

71. BODIES OF LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION

In accordance with Art. 12 of the Constitution of the Russian Federation in Russia recognizes and guarantees independent local self-government within its powers, local self-government bodies (LSGs) are not included in the system of state authorities.

Local self-government (LSG) is carried out by the population in urban, rural settlements and other territories (municipalities), taking into account historical and other local traditions, through a local referendum, municipal elections, other forms of direct expression of will (people's law-making initiative, meeting (descent) of citizens, appeals of citizens in LSG, territorial public self-government), through elected and other local self-governments, LSG ensures that the population independently resolves issues of local importance, owns, uses and disposes of municipal property, is guaranteed by the right to judicial protection, to compensate for additional costs incurred as a result of decisions taken by bodies state power, a ban on restricting the rights of LSG (Chapter 8 of the Constitution of the Russian Federation, Federal Law "On the general principles of organizing local self-government").

In 1995, the Federal Law "On the general principles of the organization of local self-government in the Russian Federation" was adopted (as amended in 2000).

A municipality has its own charter, which, in particular, specifies the boundaries and composition of the territory of a given municipality, issues of local importance related to the jurisdiction of the municipality, the structure and procedure for the formation of local self-government bodies on the territory of this municipality, the conditions and procedure for organizing municipal service.

In a municipality, a representative elected local government is mandatory (the name of a representative local government is determined by the charter of the municipality, for example, the municipal council), in particular, approving the charter of the municipality, the local budget, establishing local taxes and fees. In the municipality, the position of the head of the municipality, separated from the representative LSG, and the local administration are also being created.

A representative local self-government body (head of a municipality) that has adopted (issued) a normative legal act recognized by a court as contradicting the Constitution of the Russian Federation, the Federal Law, the Federal Law, the constitution (charter), the law of the subject of the Russian Federation, the charter of the municipality, is obliged to cancel this legal act within the period established by the court decision ( some of its provisions, recognized as illegal), otherwise the representative LSG may be dissolved, or the powers of the head of the municipality may be prematurely terminated by dismissing him from office.

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Methods of teaching psychology. Lecture notes

▪ Operational-search activity. Crib

▪ Introduction to pedagogical activity. 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

Conditionally two-dimensional semiconductor material from superatoms 25.02.2018

All people know that all normal matter in the universe around us consists of atoms. However, researchers from Columbia University, USA, the Italian Institute of Technology and the University of Angers, France, have created a new conditionally two-dimensional semiconductor material, the basis of the structure of which is the so-called superatoms, which are a group of several atoms that demonstrate some of the properties of a single large atom.

The researchers expect that the material they created is the first of a family of "superatomic" materials that will find applications in electronics and other areas of science and technology in the future.

Note that the field of two-dimensional materials is a very young field of science that has been rapidly developing in recent years. Most known two-dimensional materials have a simple structure, the most famous such material, graphene, consists of a single layer of carbon atoms. The design of two-dimensional materials with a more complex structure, including those based on superatoms, will significantly expand the range of properties of known materials and their areas of application.

The new material is called Re6Se8Cl2, the first samples of such a material, though in its usual spatial (three-dimensional) form, were obtained back in 1983. Analysis of the material showed that its structure consisted of "lattice of pseudo-square tilted groups", groups that were later called superatoms.

In the new two-dimensional material, the superatoms are connected to each other by strong covalent bonds. However, the relationship between the layers of the material is rather weak, which makes it possible to separate the thinnest individual layers, preserving their superatomic structure. The thickness of such a layer is about 15 nanometers, and scientists have already managed to obtain a large number of particles of a monolayer material for a thorough study of its properties.

The first studies of Re6Se8Cl2 have already made it possible to reveal some features of the optical and electronic properties resulting from the unusual structure of this material. For the present, there is no need to give any exact values, because the research is at its very early stage and the results obtained by scientists will be clarified during the next research. However, it is already clear to scientists that the new material differs significantly from other two-dimensional materials in a number of properties, and these properties can later be used in the development of some completely new technologies.

Other interesting news:

▪ Australian city powered by solar energy

▪ Sewerage for energy

▪ Kingston SSDNow E50 Solid State Drives

▪ Carbon transistors on DNA strands

▪ Explosives will improve the safety of electric cars

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ site section Power supplies. Article selection

▪ article The pike was thrown into the river. Popular expression

▪ article Where and when did wine labels serve as money? Detailed answer

▪ Deren article. Legends, cultivation, methods of application

▪ article Stereo three-tube amplifier. Encyclopedia of radio electronics and electrical engineering

▪ article 300W subwoofer amplifier. 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