Constitutional principles. Constitutional legal regulation

The activities of all modern states are subject to certain frameworks that exist both internationally and locally. But not always there was a similar order. History knows the moments when human life was not regulated by anything and was subject only to the will of chance. Of course, this state of affairs could not promise anything good. With the development of social formations, there was a change in the mechanism of social regulation. In fact, people created new ways of managing themselves. The emergence of states necessitated this kind of regulatory mechanisms. One of them became law.

This set of sanctioned norms of morale has proved itself in the best way. After all, it most fully regulates relations within the society, as well as its interaction with authorities in the country. At the same time, the basis of legal relations in this or that state was developed. It, depending on the specific legal system, is the constitution. In the Russian Federation, the basic law is also present. This normative act has the highest legal force and other characteristic features. The constitution regulates the direct regulation of society and the relations arising in it through principles, the characteristics of which will be presented later in the article.

General concept of the constitution

The legal order existing in the Russian Federation and other countries is largely developed due to the basic law - the Constitution. In fact, this document represents a normative legal act of supreme power. The main feature of the constitution is the fact that it fixes or establishes the main goals of the activity and the creation of the state as a subject of legal relations. Historically, the basic law was already known in ancient Rome. One of the first constitutions was created by such a figure as Servius Thule. It fixed the basic norms that regulated some social problems. During the New Era, many states adopt constitutions to normalize the political situation and consolidate human rights. An example of this are the basic legislative acts of the Commonwealth, the United States of America, France, etc.

Kinds of the fundamental law

Constitutional principles largely depend on the form of expression of the norms of the highest state act. To date, there are two main forms, namely:

• Written;
• Unwritten.

The first kind of constitutions is characterized by the fact that the basic law is fixed in a single normative document or in several laws. In the Russian Federation, the main normative act exists precisely in this form. Unwritten constitutions are a set of norms that are scattered across different sectoral laws. At the same time, normative acts can be either general orientation or special. In many states there is the concept of "constitutional law". This NAP is issued on the most important issues and contains the basic principles and norms.

The Constitution of the Russian Federation

Speaking specifically about the Constitution of the Russian Federation, it is a written act of higher legal force. It was adopted in 1993. The law establishes the foundations of the political and legal system of the Russian Federation, as well as the procedure for the emergence of the main bodies of state power. The structure of the Constitution includes the following structural elements, namely: the preamble, the first section (9 chapters), the second section. Its main law extends to the territory of the entire state. Great importance in this case plays out constitutional principles, which, in fact, are the basis of the entire legal system of the state.

What are the principles of the fundamental law?

In legal science, principles are fundamental ideas on which a specific legal phenomenon is built. The Constitution in this case is the "foundation" of the legal system of the state, as already indicated earlier. Therefore, its fundamentals, in fact, also apply to other legal industries. Thus, constitutional principles are key provisions of the basic law that characterize it as such. For the most part, constitutional ideas reflect the fact of interaction between a person and the state.

Group of Principles

The 1993 Constitution consists of a large number of different initial ideas. All of them to some extent fix a certain range of human rights and freedoms in certain spheres of activity. However, there are constitutional principles that regulate the activities of, for example, specific branches of government. Given these features, we can identify certain groups of basic provisions of the basic law, for example:

• Principles of the legal status of the individual;
• Constitutional principles of state organization ;
• Principles of administration of justice.

All groups are systematized. They combine the essence and forms of legal relations of one kind or another. Moreover, absolutely all groups are important for society and the state, because they are based on modern political trends.

The legal status of a person and citizen

Of course, the basis of any country is its people. Without this element, the state, in fact, does not exist. Therefore, the legal status of a person and a citizen is fixed in a key act of the Russian Federation. It should be noted that each individual has a spectrum of inalienable freedoms that are given to him from birth. In addition, some rights are included in the "package" of civil communication between a person and the country of which he is directly a citizen. In Russia, the legal status of a person and a citizen is a system that consists of the following principles:

• All institutions of the system of the powers of the individual are constitutive. This means that they are manifested in existing legal branches. However, as we know, any industry, in turn, must comply with the Russian Constitution. This is the principle of incorporation. That is, economic rights, civil, social, environmental and all the others that form the basis of the status of the individual, come from the basic law.
• The rights and freedoms of citizens and people are inalienable and inalienable. This principle has developed over many centuries. It is based on the philosophy that every person at birth acquires a certain range of freedoms that no one can take from him. Because natural rights initially characterize the subject as one of the parties to public relations. Everyone has some freedoms. For example, in many constitutions, economic rights, as well as political, civil, etc., are considered basic.

• The universal principle of the legal status of a person is, of course, the equality of all people. It should be noted that the presented basis exists in the legislation of other countries where the democratic system is flourishing. In the Russian Federation, the principle of equality is also included in the basic law. At the same time, there are many scientific interpretations of this legal phenomenon. According to the most "classical", equality is a form of expression of a legal equilibrium that manifests itself in complete harmony and a combination of interests and rights of specific people, communities, social groups, etc. In addition, the term describes the same position of the parties in certain social relations. The manifestation of the principle of equality can be seen in the equality of men and women, races, nationalities, etc.
• Equality is very closely intertwined with the principle of humanism. Its essence lies in the fact that a person, as well as his rights and freedoms are the highest values in the state. That is, based on this rule, we can conclude that the authorities in the country guarantee the implementation and maintenance of human rights.
• Interesting enough is the principle of general availability of rights and freedoms. It is most clearly manifested in the ability of every citizen to elect and be elected to the representative authorities of the state.

Thus, the rights and freedoms of citizens are not only taken into account in the basic law, but also guaranteed. It is thanks to the constitutional principles of this orientation that people in the Russian Federation can enter into legal relations and create new ones.

Organization of the state system

Of great importance to date is the state organization of the country. The fundamental principles of the constitution in this case provide the internal system of the Russian Federation, which we are all accustomed to seeing. At the same time, the foundations of the state's construction relate not only to citizens and social groups, but directly to the country. In this case, the last element is presented in the form of a mechanism that functions due to many interrelated factors. Thus, there are the following principles of state organization:

• Democratism is the key principle of building a modern power. It manifests itself in freedom of expression of will, access to public service, freedom of speech, etc. This principle is manifested in Article 1 of the Constitution of Russia. In addition, it implies a republican form of government, in which power is not concentrated in the hands of a single top.
• The 1993 Constitution contains the principle of separation of powers. According to its provisions, the government of the country is divided between three branches: legislative, executive and judicial. The principle of separation of powers was created back in the time of the Great French Revolution. To date, it is the foundation of a democratic regime in any country, and in particular of the Russian Federation. It is clearly manifested in the existence of parliament, government and the system of courts. This structure of state bodies shows the principle of separation of powers in action.

• One of the constitutional principles is democracy. This provision contains several features of the Russian state system. First, the main source of power, according to this principle, is the people of the Russian Federation. Secondly, the people manage the state through elected bodies and their representatives. From the point of view of the democratic system, democracy is a classic sign of freedom and equality.
• According to the Constitution, Russia is a sovereign state. That is, its territory is indivisible, which excludes any encroachments on the part of other subjects of international relations. In addition, the sovereignty of the Russian Federation ensures the operation of federal laws throughout its territory.
• The territorial division in the Russian Federation is federal. At the same time, the subjects of the state are equal in their rights and have partial autonomy.
• The Russian Constitution implies the secular nature of the state. This means that there is no compulsory religion in the country. At the same time, article 14 establishes the freedom of religious associations, which are equal before the law.

The presented principles constitute the 14th chapter of the current Constitution of the Russian Federation. They play one of the key roles in the process of building a state, because, based on these fundamental norms, there are many constitutional institutions, namely: presidency, parliamentarism, legality, etc.

The notion of justice

In any state there is justice and the bodies that execute it. This branch of human life is based on one of the key branches of power. It follows that justice should be exercised on the basis of a clear legislative regulation. Because this activity directly concerns the rights and destinies of many people. The fact that justice is a branch of power, determines its constitutional and legal regulation. That is, the phenomenon is regulated by the norms of the fundamental law.

Principles of the administration of justice in the Russian Federation

Justice in Russia is implemented through separate principles, enshrined in the basic law.

• Exclusively to the organs of the judicial branch of power, which function in accordance with the procedure established by the current legislation, the administration of justice is allowed. The basis of regulatory regulation of this sphere are such NPA as the Federal Law "On the Judicial System of the Russian Federation" and, of course, the Constitution of Russia.
• In their activities, courts are subject exclusively to the provisions of the Constitution and federal legislation. In this case, the principle of legality is directly manifested. It should be remembered that justice is based on civil, administrative, criminal and constitutional legislation. At the same time, there should not be any deviations from the procedures established by official regulations.
• Judges exercise their activities on the basis of complete independence and independence. This means that no one can influence the representative of the law or in any way coordinate its action in order to obtain the necessary decision.
• Justice in Russia is carried out on the basis of equality of the parties in the process of competition. This means that each participant has the right to collect and present evidence, build their legal protection and interact with the relevant authorities to obtain the necessary data for the process. At the same time, the parties to justice can not be oppressed in any way on the basis of race, nationality, gender or age.
• One of the main judicial principles is the presumption of innocence. This means that no one can be convicted of anything if his guilt is not proven in the order established by law.

Of course, the list does not reflect absolutely all the principles of justice in Russia. However, these initial assumptions are the most classical, since they reflect justice that should exist in a modern democratic state.

Conclusion

So, we have tried in the article to consider the main constitutional principles of the Russian Federation, which affect different spheres of state activity. In conclusion, it should be noted that the fundamental sources of our country's functioning characterize its aspiration for equality and the attainment of democracy. However, it is still necessary to work on the mechanisms for implementing these principles.