Legal science

d. yu.n. Melnikov V. Yu.

Southern Federal University, Russia

Constitutional and legal ideology as the basis of national idea?

Ideological diversity as one of the foundations of the constitutional system of the Russian Federation not only permeates all spheres of social life, a number of rights and freedoms of man and citizen, but also closely linked with other foundations of the constitutional system of the Russian Federation.
What is the role of the constitutional ideology in modern society? Whether such an ideology of the state, society, personality? The Russians were never explained – what kind of society are they building? If socially oriented, why such a gap between rich and poor? Our cornerstones: patriotism, responsibility of the state and business to the people, social justice and nation. In Russia are increasingly heard the question: why are we always something and someone interferes? Why is stalling the democracy reforms are not implemented, falling economic growth? Who is to blame?

As rightly pointed out by K.M. Isaeva, in theory and in practice, there are still a number of contentious unresolved issues in the field of constitutional legal regulation of the ideological diversity and the implementation of this constitutional principle into practice. In legal science there is no uniform approach to the problem of the existence of state ideology in the Russian Federation. It is obvious that only a mandatory state ideology in a proclaimed ideological diversity can not be, but the discussion remains the question about the possible existence in terms of ideological diversity and, accordingly, under free and equal competition of ideas, concepts, theories in society, constitutional and legal ideology [1, p. 3].

As you know, ideology is an essential attribute of every state, despite the absence of regulatory consolidation provisions to that effect in the fundamental laws in some countries (United States of America, the Russian Federation) and the establishment of compulsory state ideology in others (North Korea, Cuba). The state cannot live without a clear ideology, as man cannot live without a soul.
In accordance with part 2 of article 13 of the Constitution of the Russian Federation no ideology may be established as state or obligatory. According to the author, Russia is the valid existence of binding constitutional ideology of the state, functioning within a legal framework that does not violate rights, freedoms and legitimate interests of other persons and aimed at implementing the needs and requirements of the multinational people of the Russian Federation. It can be not only the basis of the national idea, but should serve as a means of uniting social groups and individuals to respond to national goals and objectives. The conductor of the above ideological beliefs that exist in society are public authorities. This is reflected in the activities of political parties when nominating their supporters in the various organs of state power and bodies of local self-government, first of all, by active participation in election campaigns.

The provisions of part 2 of article 13 of the Constitution of the Russian Federation not only do not deny the possibility of the existence of a unifying ideology, but, on the contrary, set the coordinate system within which can exist different types of ideologies until then, until the legal limits of their implementation. The prohibition does not apply to constitutional and legal ideology in the power of the state of nature and obligatory character of the Constitution of the Russian Federation. The existence of a particular ideology is possible only in the framework of the constitutional legal ideology, the essence of which lies in maintaining the balance of constitutional values, interests of society, state and personality.

The main reference for the formation of the Russian constitutional legal ideology should become the rights, freedoms and legitimate interests of citizens of the Russian Federation, which directly follows from the systematic interpretation of articles 2 and 13 of the Constitution of the Russian Federation that define the rights and freedoms of the individual a Supreme value and guaranteeing the ideological freedom to everyone.
Constitutional law ideology should be aimed at ensuring the continuity of state power and also to influence concept of realization of those or other state functions. Accordingly, a clearly defined constitutional and legal ideology, with its focus on respect and implement the rights, freedoms and legitimate interests of citizens of Russia, will contribute to stability in the state and society, to be important tool of state-building, guarantee the sustainability of the legal system, the uniform law enforcement practice.

Thus, the constitutional and legal ideology – the system of constitutional values, is based on the recognition of the person, its rights and freedoms the Supreme value and the recognition of its right to ideological diversity, the protection of the interests of the state. This follows from the meaning and content of the norms of the Constitution of the Russian Federation, beliefs, ideas, perceptions about the basic foundations of the existence, interaction and development of society and the state in the formation of a legal democratic state.

Literature

1 Isayev M. K. Ideological diversity as the basis of the constitutional system of the Russian Federation: Avtoref. dis....Cand.the faculty of law. Sciences / - Makhachkala, 2015. – Page 3