Constitutional principles. Constitutional Legal Regulation

The activities of all modern states are subject to a certain framework that exists both internationally and locally. But this order did not always exist. History knows moments when a person’s life was not regulated by anything and was subject only to the will of chance. Of course, such a 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 to control themselves. The emergence of states necessitated such regulatory mechanisms. One of them has become law.

This set of sanctioned moral standards has proven itself in the best way. After all, it most fully regulates relations within society, as well as its interaction with authorities in the country. Moreover, the basis of legal relations in a particular 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 implements 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 thanks to the basic law - the Constitution. In fact, this document represents a legal act of higher legal force. The main feature of the constitution is the fact that it establishes or establishes the main goals of the activity and creation of the state as the 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 Thulius. It entrenched the basic norms that governed some social problems. In the New Age, many states adopt constitutions to normalize the political situation and secure human rights. An example of this is the main legislative acts of the Commonwealth, the United States of America, France, etc.

Types of Basic 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 type of constitutions is characterized by the fact that the basic law is enshrined in a single regulatory document or in several laws. In the Russian Federation, the main regulatory act exists in this form. Unwritten constitutions are a set of norms that are scattered according to different industry laws. Moreover, normative acts can be either general or special. In many states, the concept of “constitutional law” exists. This LA is issued on the most important issues and contains fundamental principles and norms.

Constitution of the Russian Federation

Speaking specifically about the Constitution of the Russian Federation, it is a written act of higher legal force. She was accepted 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 public authorities. The structure of the Constitution includes the following structural elements, namely: the preamble, the first section (9 chapters), the second section. The basic law extends its effect to the entire state. Of great importance in this case are the 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 concrete legal phenomenon is built. The Constitution in this case is the "foundation" of the legal system of the state, as already mentioned earlier. Therefore, its foundations, in fact, also apply to other legal sectors. 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 human – state interaction.

Principle Groups

The 1993 Constitution consists of a large number of different initial ideas. All of them, to one degree or another, consolidate a certain range of human rights and freedoms in certain areas of activity. However, there are constitutional principles that govern the activities of, for example, specific branches of government. Given these features, we can distinguish certain groups of initial provisions of the basic law, for example:

• principles of the legal status of an individual;
• constitutional principles of state organization ;
• principles of justice.

All groups are systematized. They combine the basic essence and forms of legal relations of one nature or another. Moreover, absolutely all groups are important for society and the state, because modern political trends are built on their basis.

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 citizen is enshrined 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 of a person and the country of which he is directly a citizen. In the Russian Federation, the legal status of a person and a citizen is a system that consists of the following principles:

• All institutions of the personality competency system are constituent. This means that they manifest themselves in existing legal sectors. However, as we know, any industry, in turn, must comply with the Constitution of Russia. This is the principle of constituency. That is, economic rights, civil, social, environmental and all the others that are the basis of the status of an individual, come from the basic law.
• The rights and freedoms of citizens and people are inalienable and inalienable. This principle has been developed over the centuries. It is based on the philosophy that every person at birth gains 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 are considered fundamental, as well as political, civil, etc.

• The universal principle of the legal status of an individual, of course, is the equality of all people. It should be noted that the presented basis exists in the laws of other countries where a democratic system flourishes. In the Russian Federation, the principle of equality is also included in the fundamental law. However, there are many scientific interpretations of this legal phenomenon. According to the most “classical”, equality is a form of expression of a balance of a legal nature, which manifests itself in complete harmony and combination of interests and rights of specific people, communities, social groups, etc. In addition, the presented term characterizes 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 is that a person, as well as his rights and freedoms are the highest values ​​in the state. That is, based on this norm, we can conclude that the authorities in the country guarantee the implementation and maintenance of human rights.
• Interesting enough is the principle of the general accessibility of rights and freedoms. It is most clearly manifested in the ability of every citizen to elect and be elected to the representative bodies of power 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 government

Of great importance today 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 used to seeing. Moreover, the foundations of building a state concern not only citizens and social groups, but directly the country. In this case, the last element is presented in the form of a mechanism that functions due to many interrelated factors. Thus, the following principles of state organization exist:

• Democracy is a key principle in building a modern power. It manifests itself in freedom of expression, access to public service, freedom of speech, etc. This principle is shown 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 days of the French Revolution. Today it is the basis of a democratic regime in any country and, in particular, the Russian Federation. It is clearly manifested in the existence of parliament, government and the court system. 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. Firstly, the main source of power, according to this principle, is the people of the Russian Federation. Secondly, the government implements 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 encroachment 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.
• Territorial division in the Russian Federation is federal. Moreover, 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. Moreover, Article 14 enshrines the freedom of religious associations, which are equal before the law.

The presented principles make up 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 on the basis of these fundamental norms there are many constitutional institutions, namely: the presidency, parliamentarism, the rule of law, etc.

Concept of justice

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

Principles of administering justice in the Russian Federation

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

• Exclusively to the bodies of the judicial branch of government, which operate in the manner established by applicable law, are authorized to administer justice. The regulatory framework in this area is based on such legal acts as the Federal Law “On the Judicial System of the Russian Federation” and, of course, the Constitution of Russia.
• In their activities, the 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. In this case, no deviations from the procedures established by official normative acts are allowed.
• Judges carry out their activities on the basis of full 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 solution.
• Justice in Russia is carried out on the principle of equal rights of the parties in the process of competition. This means that each participant has the right to collect and present evidence, build his legal defense and interact with the relevant authorities to obtain the data necessary for the process. At the same time, the parties to justice cannot 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 found guilty of anything if his guilt is not proved in the manner prescribed by law.

Of course, the presented list does not reflect absolutely all principles of the administration of justice in Russia. However, these initial provisions are the most classic, as they reflect the justice that should exist in a modern democratic state.

Conclusion

So, we tried in the article to consider the basic constitutional principles of the Russian Federation, which affect various spheres of state activity. In conclusion, it should be noted that the fundamental sources of the functioning of our country characterize as well as possible its desire for equality and the attainment of democracy. However, mechanisms for implementing these principles today still need to be worked on.