90. The Constitution of the Russian Federation of 1993 Development of Russia at the present stage

The modern stage in the history of the state and law of Russia begins with the adoption of the Constitution of the Russian Federation at a popular vote on December 12, 1993.

The Constitution of the Russian Federation - The Basic Law of the Russian Federation, which has the highest legal force throughout the Russian Federation and direct action.

The structure of the Constitution of the Russian Federation: short preamble; the first section, which in turn is divided into 9 chapters; second section.

Basic principles of the Constitution of the Russian Federation:

1) the supremacy of the Constitution;

2) direct action of constitutional norms.

The draft Constitution was prepared by a special constitutional commission on behalf of M. S. Gorbachev (President of the USSR), expressed at the First Congress of People's Deputies of the RSFSR in the summer of 1990. This commission included (and was headed by) the future first president of the Russian Federation B. N. Yeltsin.

The general concept of the Constitution, prepared by this commission, was adopted at the very first discussion of the draft Constitution at the Congress of People's Deputies, but the draft was still not approved. This hampered the preparation and implementation of the new Constitution.

There was a need for more decisive measures on the part of supporters of the transition to a new democratic form of power in Russia. AT August 1991 there was a coup in the system of power in Russia, as a result of which the head of the constitutional commission became the head of state.

At the beginning of 1993, the Constitutional Conference was convened, which prepared several drafts of the Constitution, one of which was prepared with the participation of B. N. Yeltsin himself. At the discussion of draft constitutions, the so-called "presidential draft" of the constitution won (and was later put forward to a referendum) the majority of votes.

The main provisions of the Constitution of the Russian Federation:

1) Russia has embarked on the path of forming a rule of law state;

2) a person, his rights and freedoms are proclaimed the highest value in the Russian Federation;

3) The Constitution of the Russian Federation and federal legislation has the highest legal force in the Russian Federation;

4) the state structure of the Russian Federation is based on the principle of federalism and the right of the small peoples of Russia to self-determination;

5) sovereignty and territorial integrity of Russia;

6) a unified system of state authorities;

7) the principle of separation of powers operates in the Russian Federation.

Characteristic features of the state and law of Russia after 1993:

1) the highest authorities in the Russian Federation: the President of the Russian Federation (head of state), the Federal Assembly (the bicameral parliament of the Russian Federation), the Government of the Russian Federation (the highest executive body in the Russian Federation);

2) there is a general humanization of the criminal and penitentiary law of Russia (a moratorium on the use of the death penalty has been introduced);

3) in civil legal relations, private property is becoming increasingly important (its protection in the Russian Federation is carried out to the same extent as the protection of state property);

4) private ownership of land appeared (this was unacceptable during the USSR period);

5) tightening of sanctions of the criminal legislation for crimes against public safety and, first of all, for the organization and execution of terrorist acts (this is an urgent problem of our time);

6) other features characteristic of a democratic society.

Authors: Dudkina L.V., Shcherbakova O.V.

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