Авальбаева Ф. Д.

204 уч. взвод

Уфимский ЮИ МВД России

The role of the Constitution in modern Russia

Constitution (from lat. constitutio - setting device) - in the material sense is a written act, the totality of the acts or constitutional customs that declare and primarily guarantee the rights and freedoms of man and citizen, as well as define the basis of social order, form of government and territorial structure, bases of organization of the Central and local authorities, their powers and relationships; in the formal sense is a law or group of laws with the highest legal force in relation to all other laws [3]. All of the modern Constitution at least fix two important aspects, which are the subject of the constitutional regulation:

1) the Declaration and guarantee of the rights and freedoms of man and citizen;

2) the organization of state power, and often define the foundations of the constitutional system, form of government (form of government, polity, etc.).

The definition of the essence of the Constitution is essential for the understanding of this document, identifying the goals towards which it should strive the society and the state.

According to the German politician Ferdinand Lassalle essence of the Constitution is an "actual relationship of forces existing in the society". In the modern period is also accepted that the Constitution is a socio-political entity. However, the interpretation there are different. One approach inherent in Western conceptions of the other - a purely Marxist characterizing any phenomenon in a society with class positions; the Constitution in this case was defined as a document that expresses the class interests (the will of the ruling class), i.e. the essence of the Constitution is consolidating in the existing conflict between classes.

1. Basic teaching about the Constitution

The Constitution in the modern sense the most important institution of democracy emerged in the late XVIII century, the First Constitution, current to date, appeared in the United States in 1787 followed the Constitution in France (1791-1793), Poland (1793). Today the Constitution of most countries of the world.

In General, the Constitution can be defined as the fundamental law of the state, a legal act (or set of regulations), which have Supreme legal force and fixing the beginning of the constitutional system, regulatory framework of the organization of the state and relations between state and citizen [1].

In a modern democratic state is the bearer of sovereignty and the only source of power is the people. Only he possesses the constituent power, therefore, of the Constitution accepted by the people or on behalf of the people.

The Constitution is constitutive in nature because all of its regulations (the establishment) are the primary and they cannot conflict with other acts issued by public authorities.

The legal function of the Constitution is that the Constitution is the main source of character: the provisions of the Constitution have Supreme legal force and are the basis of the entire system of national law.

The political function of the basic law is the meaning of the Constitution as a political document defining a system of government based on rules established by the Constitution [2].

The ideological function of the Constitution in its ideological impact: establishing the basis for the relations between state and people, state and society, it plays a certain educational role.

The most important feature and characteristic of the Constitution is its direct effect, which means:

- the provisions of the Constitution binding on the legislative, Executive and judicial power, bodies of local government and self-government;

- every citizen who believes their rights have been violated, citing the relevant article of the Constitution, may apply to the court.

Form of Constitution is a way of organizing a prisoner in her material. The Constitution normally consists of one or more regulations. The Constitution of most countries of the world represent a single normative legal act of higher legal force. They are called consolidated. Such (single) acts are the Constitution of the Republic of Belarus, the Russian Federation, Italy; the Constitution of the United Mexican States, the Basic law of Germany, etc.

Like any classification, the classification of constitutions is conditional. No Constitution, which would be identical on all grounds, therefore, the basis of classification take some common symptoms.

The current Constitution can be divided into the Constitution of the old and new generation.

The Constitution of the old generation is the Constitution, adopted in the period from XVIII century to the XX century (before world war II): United States (1793 g), France (1791-1793), was [4].

The Constitution of the new generation is the Constitution adopted after the end of world war II: Italy (1947), Japan (1947), Germany (1949). This group includes the Constitution of the country, which gained independence following the collapse of the colonial empires.

The current Constitution is divided into written and unwritten. This classification appeared in science in the nineteenth century, when in most countries not yet committed the basic laws. By the beginning of the XXI century in the majority of countries (except UK and New Zealand) have a written Constitution.

References:

1. The Constitution of the Russian Federation, 1993.

2. The constitutional right of Russia: Textbook M. V. Baglay.

3. Constitutional law: Textbook Kozlov A. E.-M.,1997.

4. Constitutional law of the Russian Federation: Nekrasov S: the abstract of lectures, 2009.