State and political development and the constitutional foundations of the Russian Federation

Questions :

1. The foundations of the constitutional system and the state structure of Russia.

2. The highest authorities of the Russian Federation.

The viability of any state largely depends on the strength of its constitutional foundations, as well as on the knowledge, understanding, and support of these foundations by the vast majority of the country's population. The foundations of the constitutional system are commonly understood as a set of constitutional norms in the political, economic, national, and legal spheres that reflect the most important and fundamental features of the state. The foundations of the constitutional system establish the form of government in the country.

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The foundations of the constitutional system of the Russian Federation are reflected in the first chapter of the Constitution of the Russian Federation, which was adopted by popular vote on December 12, 1993. "The Russian Federation," as stated in Article 1 of the Constitution, "is a democratic federal legal state with a republican form of government."

RUSSIA IS A DEMOCRATIC STATE

A democratic state is one in which, on the one hand, the principle of popular sovereignty is implemented in practice, meaning that real power belongs to the people, and on the other hand, human rights and freedoms are ensured and protected as the highest value.

As a democratic state, Russia has the following constitutional characteristics:

1. The multinational people are the bearers of sovereignty and the only source of power in Russia. This means that the people of the Russian Federation do not share power with anyone, and no one but the people themselves can claim power in Russia. Only the freely expressed will of the people creates the state and gives legitimacy and legitimacy to the state and its authorities. Therefore, all state authorities must act in accordance with the will of the people expressed in the Constitution and only in their interests. State power in Russia is secondary and derived from the power of the people, so it is merely a means or form by which the people exercise their self-government and pursue their interests.

2. As a democratic state, Russia is also characterized by the fact that no one, no organization, body, or official can usurp the power of the people.

3. The most important feature of the Russian democratic state is real democracy. The people of Russia exercise their power directly, as well as through state and local government bodies. "The highest direct expression of the people's power," as stated in Article 3 of the Russian Constitution, "is the referendum and free elections." Other forms of direct democracy include general assemblies of citizens, popular legislative initiatives, recall of a representative body member, plebiscites, personal participation in the activities of government bodies, and more.

4. A distinctive feature of the Russian state's democracy is the recognition of human rights and freedoms as the highest value, and the state's obligation to respect and protect them. Thus, the relationship between the state and the individual takes precedence.

5. The democracy of the Russian state is manifested in the formation and functioning of an effective mechanism for the direct influence of the population on the activities of the state authorities. Russia recognizes and guarantees local self-government, which is independent within its own powers. However, unlike the previously existing local councils, local self-government bodies are not part of the system of state authorities.

6. Constitutional norms that have a clearly defined social focus are of fundamental importance and thus confirm the democratic nature of our state.

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In accordance with Article 7 of the Constitution of the Russian Federation, the Russian Federation is a social state. A social state is a state that is based on the principles of social equality and justice. It is obligated to ensure that everyone has the opportunity to live a human life and to free them from the oppressive conditions that "kill people physically and morally." The activities of the Russian Federation as a social state are implemented through social policy.

7. The Russian state's democracy manifests itself in the equal recognition and protection of all forms of property, as well as in the freedom of individuals in the field of economic activity and entrepreneurship. The Constitution also defines the economic foundations of Russian statehood. This includes the constitutional recognition of private property, as well as the equal protection of private, state, municipal, and other forms of property.

8. The Constitution recognizes ideological diversity in the Russian Federation, which is a characteristic attribute of a democratic state. No ideology can be established as a state ideology or as a mandatory ideology. This principle is also complemented by the constitutional recognition of multi-partyism and the equality of public associations before the law.

9. The Basic Law defines the secular nature of the Russian Federation, which is also a characteristic feature of a democratic state. A secular state is one in which there is no official state religion and no religious doctrine is recognized as mandatory, and the state and the church do not interfere in each other's affairs. The main distinguishing features of a secular state are: the separation of church and state, and the separation of church and school.

RUSSIA IS A STATE GOVERNED BY THE RULE OF LAW

The concept of a democratic state is inextricably linked to the concept of a legal state. A legal state is a state in which the principle of popular sovereignty is implemented in practice, state power is limited and bound by legal laws, and human rights and freedoms are recognized, protected, and guaranteed. The concept of a legal state is multifaceted. It includes many features of a democratic state, but it also has its own distinctive characteristics:

1. The supremacy of the rule of law, and above all, the Constitution, in all areas of state and public life.

2. The obligation of the state, its bodies, and officials to act within the framework of the Constitution and laws.

3. The reality of human rights and freedoms. In a legal state, the inviolability of human rights and freedoms is recognized, and the state is obliged to respect and protect them. Judicial protection of human rights and freedoms is guaranteed.

4. Mutual responsibility of the state and the individual.

Thus, establishing the rights, freedoms and duties of a person and citizen, the Constitution establishes one of the most important duties of its citizens - the duty to protect the Fatherland. In accordance with the Basic Law (Article 59), the defense of the Fatherland is the duty and duty of a citizen of the Russian Federation. The fulfillment of this duty involves its personal implementation by each citizen of Russia. Due to the fact that the main instrument of defense of the Fatherland is the Armed Forces, the main form of implementation of this duty is military service in peacetime and wartime (voluntary or conscripted). Like all other legal norms, the duty to protect the Fatherland is enforced by the force of law. If a citizen fails to comply with this duty or does so improperly, they may be held legally responsible (administratively, disciplinarily, or criminally).

5. "Separation of powers" into those who create the law, apply the law, and enforce it.

The Constitution of the Russian Federation enshrines the principle of separation of powers in Article 10: "State power in the Russian Federation is exercised on the basis of separation into legislative, executive, and judicial powers. The legislative, executive, and judicial authorities are independent."

6. The obligation to comply with the Constitution and laws by all state authorities, local governments, officials, citizens, and their associations. For the first time in our legislation, it is established that laws must be officially published, otherwise they are not applicable.

7. Independence of the judiciary.

8. International law is part of the national legal system.

For the first time, the Russian Federation has also established that universally recognized principles, norms of international law, and international treaties are an integral part of its legal system.

These are just the main features. The main directions for the formation of a legal state in Russia include the following: the development of a market-type economy; ensuring the stability of state power; preventing political, social, and interethnic conflicts; achieving a high level of political, legal, and moral culture, and so on. Therefore, building a legal state is a historically long and complex process. The Russian Federation is only at the beginning of this journey.

RUSSIA IS A FEDERAL STATE

According to the Basic Law, Russia is a federal state. It consists of state-like entities, the constituent entities of the Federation, and is based on the Constitution and the division of powers and responsibilities between the federal state as a whole and its constituent entities.

The characteristics of Russia as a Federation are as follows:

1. Russia is a sovereign state and a full-fledged subject of international relations.

The concept of "sovereignty" is unambiguous and does not allow for free interpretation. It means the property of the state to be supreme, independent and independent in the conduct of its domestic and foreign policy. There cannot be a sovereign federal state consisting of sovereign subjects (republics, regions, etc.). Such an association can only have the character of a confederation.

2. Russia consists of state-like entities, the constituent entities of the Russian Federation, which have six names: republic, krai, oblast, federal city, autonomous region, and autonomous district.

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3. Russia has a unified and inviolable territory under its state sovereignty.

4. The legal system of Russia includes two levels: federal and regional. The legal system of the federal level is made up of the Constitution of the Russian Federation, as well as federal (federal constitutional) laws and other regulatory legal acts adopted by federal state authorities.

The Constitution of the Russian Federation and federal laws are supreme throughout the entire territory of the country. The regional level is represented by basic laws (constitutions, charters), laws, and other regulatory legal acts adopted by the state authorities of the constituent entities of the Russian Federation.

5. Relations between federal and regional state authorities are based on the delineation of subjects of jurisdiction and powers in the forms and procedures established by the Constitution of the Russian Federation.

6. State power in Russia is divided vertically into federal and regional power, and horizontally into legislative, executive, and judicial power (Article 10), and state authorities at all levels are independent within the limits established by the Constitution of the Russian Federation.

7. As a sovereign state, Russia has a national anthem, flag, and coat of arms.

8. An important feature of the Federation is the establishment of a single all-Russian citizenship.

9. The Russian Federation has a unified monetary, credit, and tax system.

10. Russia has a unified Armed Forces that protect the sovereignty and territorial integrity of the entire country.

RUSSIA IS A REPUBLICAN STATE

The Constitution of the Russian Federation established a republican form of government in Russia.

The form of government is the organization of the highest state authorities, characterized by the procedure for their formation, structure, and competence.

The Russian Federation is a mixed (semi-presidential) republic, as it simultaneously possesses the characteristics of both a presidential and a parliamentary republic. It is characterized by a strong presidential authority that is independent of other branches of government, a parliament that lacks sufficient powers to control the executive branch, and a government that is legally and factually accountable only to the President of the Russian Federation.

State power in the Russian Federation is exercised by federal and regional state authorities in accordance with the principle of separation of powers at the federal and regional levels into legislative, executive, and judicial powers. The implementation of this principle is a crucial guarantee for maintaining the republican form of government in Russia.

Thus, the modern Russian state is proclaimed and built as a democratic, federal, legal state with a republican form of government. Its most important duty is to recognize, respect, and protect the rights and freedoms of individuals and citizens.

As noted earlier, the constitutional system of Russia is based on the principle of separation of powers. In practice, this means that state power is exercised through the separation of legislative, executive, and judicial powers, which are independent of each other.

According to the Constitution (Article 11), the state power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government, and the courts of the Russian Federation.

The President of the Russian Federation is the head of state, the guarantor of the Constitution, human and civil rights and freedoms, and stands above the branches of government, ensuring their coordinated functioning.

His special role in the system of state power is also manifested in the fact that he is responsible for determining the main directions of the state's domestic and foreign policy, taking measures to protect the sovereignty of the Russian Federation, its independence, and state integrity, and representing the country in international relations.

The legal status, powers, and procedure for electing the President are defined in Chapter 4 of the Russian Constitution.

A significant part of the President's powers is aimed at ensuring the coordinated functioning of all branches of government in the country. In cooperation with the legislative branch, the head of state has the right to appoint elections for the State Duma, as well as to dissolve it in cases and procedures provided for by the Constitution. The President submits bills to the lower house of parliament, signs and promulgates federal laws. He addresses the Federal Assembly with an annual message on the state of the country and the main directions of its domestic and foreign policy.

His powers in relation to the executive branch include: appointing the Chairman of the Government with the consent of the State Duma, appointing and dismissing Deputy Chairmen and Federal Ministers, overturning executive branch decisions that contradict the Constitution or federal laws, and accepting or rejecting the resignation of the Government.

Let's take a closer look at the President's relationship with the judiciary. The President presents candidates for appointment as judges of the Constitutional, Supreme, and Higher Arbitration Courts of the Russian Federation, as well as the candidate for the position of Prosecutor General, to the Federation Council; makes proposals for their dismissal; and appoints judges of other federal courts.

The head of state has a wide range of responsibilities in the field of national defense. According to the Constitution, he is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation. In this capacity, he approves military doctrine, appoints and dismisses senior military commanders. The President has the authority to declare martial law in Russia or in specific regions, with immediate notification to the Federation Council and the State Duma. The duties of the Supreme Commander-in-Chief are further detailed in federal laws.

Representative and legislative body in the Russian Federation

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The Federation is represented by the Federal Assembly, the Russian Federation's parliament, which consists of two chambers: the Federation Council and the State Duma. The Federation Council consists of two representatives from each constituent entity of the Russian Federation, one from each representative and executive body of state power (178 deputies). The State Duma consists of 450 deputies. Half of them are elected from federal constituencies based on party lists, while the other half are elected from 225 single-member constituencies. The Federal Assembly, like the President of the country, is elected for a four-year term.

Unlike the previously existing Constitutions of the USSR and the RSFSR, which established the equality of the chambers of the Supreme Soviet, the 1993 Constitution introduced a different procedure for the formation, special status, and scope of authority for each of the chambers of the Federal Assembly. Thus, a classic division into the lower and upper chambers was established, which is typical for most bicameral countries around the world.

The Federation Council, the upper house of parliament, has the following powers: approving changes to the borders between federal subjects; approving presidential decrees on martial law or state of emergency; deciding on the use of the Armed Forces outside the state territory; appointing and removing the President from office; appointing judges to the Constitutional, Supreme, and Higher Arbitration Courts of the Russian Federation; and appointing and dismissing the Prosecutor General.

The State Duma (the lower house) has the following powers: giving its consent to the President's appointment of the Prime Minister; deciding on the Government's confidence; appointing and dismissing the Chairman of the Central Bank; declaring amnesty; and other matters.

The need to divide the Federal Assembly into two chambers is also caused by the specific procedure for reviewing and passing laws.

Federal laws are adopted by the State Duma by a majority vote of the total number of State Duma deputies. The adopted laws are submitted to the Federation Council for review within 5 days. A federal law is considered approved by the Federation Council if more than half of the total number of members of that chamber vote in favor of it, or if it has not been reviewed by the Federation Council within 14 days. The adopted federal law is sent to the President of the Russian Federation within 5 days, who signs and publishes the law within 14 days. A federal constitutional law is considered adopted if it is approved by a majority (at least three-quarters) of the total number of members of the Federation Council and receives at least two-thirds of the votes of the total number of State Duma deputies.

The executive power in the Russian Federation is exercised by the Government. It consists of the Chairman of the Government, his deputies, and federal ministers.

The Chairman of the Government is appointed by the President with the consent of the State Duma, which considers the submitted candidate within a week. The Duma may reject the candidate, and after three rejections of submitted candidates, the President appoints the Chairman, dissolves the State Duma, and appoints new elections.

The structure and personnel of the Government are submitted by its Chairman to the President for approval. The Government may resign, which is accepted or rejected by the President. The President makes the decision to resign. The State Duma may express its disapproval of the Government by a majority vote of the total number of deputies. After expressing such disapproval, the President may declare the Government's resignation or disagree with the Duma's decision. If the State Duma expresses its disapproval again within three months, the President may either declare the Government's resignation or dissolve the Duma.

The Government solves a variety of tasks. In the field of military construction, the Government is responsible for organizing the equipping of the Armed Forces with weapons and military equipment, and providing them with all necessary resources for the successful performance of their functions. The Government organizes the development and implementation of state weapons programs, oversees mobilization preparations, conducts international negotiations on military cooperation, and concludes relevant intergovernmental agreements. It also exercises other powers in the field of defense, as defined by the Constitution of the Russian Federation, federal laws, and presidential decrees.

Judicial power occupies an important place in the system of state power in Russia. It is exercised through constitutional, civil, administrative, and criminal proceedings and is represented by the Constitutional, Supreme, and Higher Arbitration Courts of the Russian Federation, as well as other federal courts.

The judicial authorities are recognized as independent and have the right to act independently of other branches of government. The main purpose of these authorities is to ensure the implementation of justice in the country, which includes protecting the constitutional order of the Russian Federation, the rights and freedoms of citizens, and the rights and legitimate interests of businesses, institutions, and organizations.

The Prosecutor's Office of the Russian Federation occupies a special place in the Constitution. It is not a judicial authority, but it closely cooperates with the courts in the exercise of justice.

The main task of the Prosecutor's Office is to exercise state supervision over the implementation of laws throughout the Russian Federation. As a result of prosecutorial supervision, errors and shortcomings in judicial practice are eliminated, the rights and freedoms of citizens, the interests of society and the state are protected, and the rule of law and order are strengthened.

Thus, according to the Constitution of the Russian Federation, the only source of power in Russia is its people. The people's power is exercised directly (through referendums and free elections), as well as through state and local government bodies, which are designed to ensure the rights and freedoms, honor, and dignity of individuals and citizens, as well as the democratic development of the Russian state.

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