The Constitution refers to the main state law, a special regulatory act, which has the highest legal force in the country in whose territory it is valid. The constitution defines the foundations of the social, economic, political and territorial system of the state. The main stages of the constitutional development of Russia will be described in detail in our material.
The first constitution in the history of the Russian state
For the first time in Russian history, the concept of the constitution was applied in 1815. Then Alexander the First granted this law to the Kingdom of Poland. By law, the newly created country was transformed into a monarchy of the hereditary type, which "forever merged with the Russian Empire." The governor was appointed the king, in whose person only a Pole could be. An exception was made only for the governor of the representatives of the Imperial House.
The Constitution of the Kingdom of Poland established the system of legislative power, justice and territorial possessions. The law itself took an important place in the series of the main stages of the constitutional development of Russia. In fact, this was the first such law, which is completely not characteristic of a state with an absolute monarchy. Although the Constitution extended to only one region, the very fact of its adoption was already considered a great achievement. However, in 1830, the law was repealed by Nicholas the First. The reason lay in strengthening the absolute monarchy and pursuing a tough conservative policy.
1918 Constitution: General Provisions
The second main stage in the constitutional development of Russia occurred in 1918. At this time, the Soviet state began its formation. The first results of the transformations were reflected in the first Constitution of the Russian state, namely, the Basic Law of the RSFSR. This normative act summarized, although a small, but nevertheless existing experience in state building.
The draft laws were developed by the All-Russian Central Executive Committee and the People’s Commissariat of Justice. They were considered by a special commission of the Central Committee of the RCP (B.). At the meeting of the Fifth All-Russian Congress of Soviets, which took place on July 4, 1918, a commission was formed to analyze the draft basic law. This was the first major stage in the constitutional development of Russia and the USSR. With some amendments and additions, the Law was adopted on July 10.
The main provisions of the Constitution of 1918
So, the law stipulated that the Republic of Russia is a free country of a socialist type, which unites representatives of the working people. Power belongs to the workers' society, which is united in the Soviets.
The law allowed the liquidation of any rights by the exploiter if they are used to the detriment of the workers. Persons lost their voting rights if they resorted to hired labor in order to profit. This concerned traders, financial intermediaries, and other residents who at least somehow tried to implement entrepreneurial activities.
The adoption of the Constitution of 1918 - the first and main stage in the development of constitutional law of Russia - made it possible to talk about securing basic rights and obligations for citizens. Among the most important civil obligations, the need to work and serve compulsory military service should be highlighted. Such democratic freedoms as freedom of conscience, press and speech, freedom of assembly, the possibility of association in alliances, etc., were also consolidated.
Features of the Constitution of 1925
The second major stage in the constitutional development of Russia was the adoption of the main state law of 1925. Russia, along with a number of other independent republics, became part of the USSR. For this reason, a normative act was adopted.
By the way, the second constitutional draft was adopted back in 1924. However, a year later it was reformulated. Perhaps the reason for this was the norm, according to which the republics of the Union have the right to amend their own legislation.
The 1925 Constitution in many respects borrowed many provisions from the previous Law, adopted back in 1918. The law did not include the text of the Declaration of the Rights of a Working and Exploited Society, but noted that it was based on its basic provisions. Also, the wording on the suppression, violence and elimination of “parasitic” representatives of the social system disappeared in the Constitution. The provisions on the world revolution were also cut out. The Law itself has become more stringent from a legal point of view, and therefore has taken its rightful place in the system of the main stages of constitutional legal development of Russia.
1937 Constitution: Public Authorities
The USSR was supposed to embark on a completely new stage of development. In this regard, a completely logical need arose for updating the entire constitutional system of the state. A feature of the new stage was the complete elimination of exploitative elements.
To understand what the Law of 1937 introduced into the system of the main stages of the constitutional development of Russia, we briefly outline its main features.
The first point is related to the preservation of the class essence in the state. The system itself embodied the proletarian dictatorship. This was mentioned in norm 2 of the Basic Law of the RSFSR of 1937. The form of expression of the class essence has changed. Also, due to the liquidation of exploiter classes, political civil rights on a social basis were canceled. Equal, universal and direct right of voters was introduced by secret ballot. The law also established the principle of equal rights of citizens.
The second point is related to the appearance in the Law of a separate chapter on the basic duties and rights of citizens. The ability to use political rights was guaranteed in accordance with the interests of working people to strengthen the socialist system.
The system of government under the Constitution of 1937
The third key point is the establishment of the priority and commanding role of the Communist Party. At that time it was called VKP (b). The party itself was turning into a kind of state structure.
The Constitution has acquired a qualitatively new legal form. The law reflected such state-legal institutions as "Social and state structure", "Rights and obligations of citizens" and much more. All this was a completely new round in the system of the main stages of the constitutional development of the Russian Federation (Russian state).
The Constitution reflected the federal structure of the RSFSR with the highest possible quality. Independent chapters began to appear on the highest instances of state power, and norms on national districts were prescribed. Thus, the Law has revealed a completely new element in the system of the main stages of the constitutional development of the Russian Federation. Briefly about the remaining steps will be described below.
1978 Constitution: Major Changes to the Law System
The development of the constitutional system of the Soviet state was continuous. Therefore, in 1977 a new fundamental law appeared, on the basis of which the Constitution will be adopted in 1978. Throughout its work, this normative act has undergone quite large changes several times. All of them, one way or another, affected the content of individual norms or the very essence of the Basic Law.
The status of the RSFSR was approved as a union republic within the Soviet state. The Constitution itself at the last stages of its existence was quite unstable, and the changes were significant. For this reason, the characterization of the 1978 Act has different contents depending on the period of validity. We outline the main features of the law in the first 10 years of its operation.
State Changes to the 1978 Constitution
Adoption of the norm on the entry into force of a new main stage of the constitutional development of Russia. The general characteristic of this stage is reflected in the title: "developed socialism". The USSR itself was transformed from a state with a proletarian dictatorship into a nation-wide country.
The second point concerned the Communist Party. Its special role was emphasized. Finally, the Law itself maintained the class orientation of democracy. The concept of socialist democracy was introduced.
Of the remaining features, a new provision on the federal structure should be highlighted. So, national circles were transformed into autonomous ones. The RSFSR itself was declared a sovereign state.
The Constitutional Court Act 1991
Providing a description of the main stages in the development of the science of constitutional law of Russia, it is impossible not to mention one fairly important law. It was adopted after the collapse of the Soviet state, but before the adoption of the 1993 Russian Constitution.
The law of the RSFSR enshrined the concept of a new state instance, which was the highest judicial body to protect the constitutional state system. She exercised her power in the form of constitutional proceedings. The court had the right to exercise its power through three major powers:
- providing opinions in cases established by law;
- consideration of cases on constitutionality of normative acts and agreements of international type;
- consideration in cases of the constitutional nature of law enforcement practice.
On the basis of some provisions of the considered normative act, the current Constitution was adopted. In 1994, a new Federal Law was adopted, this time for the Russian Federation, on the status and principles of the Constitutional Court.
Adoption of the 1993 Constitution
Having dealt with briefly the main stages of the constitutional development of Russia, it is necessary to characterize the current basic law of the country. As you know, in 1990-1991. the collapse of the old, Soviet system. All republics, including the RSFSR, have signed declarations of their state sovereignty. The SND adopted a document on the sovereignty of the RSFSR on June 12, 1990. The same document indicated the need to develop a new law based on the principles proclaimed in the Declaration.
In September 1993, Yeltsin signed a decree according to which the SND and the Supreme Council of Russia ceased their activities. On the same day, a Law was passed on the need for a phased implementation of constitutional reform. Already on October 15, the project was adopted, and on December 12 approved at the all-Russian vote.
Key Provisions of the 1993 Constitution
The structure of the Law consists of two sections and a preamble. The first section contains nine chapters, the second contains final and transitional provisions.
The new law abolished the system of Soviets. Lands and subsoil were secured as a public property. Eliminated the concept of fair pay. Instead, a minimum wage was introduced. Russia itself has become a symmetrical federation. The powers of all its subjects have become the same. The term of office of the president was reduced from 5 to 4 years. The Federal Assembly (parliament) was formed, as well as a number of other important state bodies.
The 1993 Constitution established such instances as the State Duma, the government, the Federation Council, the legislative and executive bodies of the subjects, as well as a special system of courts. The rights and obligations of citizens have changed significantly.