What are the principles of the constitution. Control work the constitution of the Russian Federation the basic law of the state



CONSTITUTIONAL PRINCIPLES CONSTITUTIONAL PRINCIPLES - the fundamental principles expressed in the constitutions of specific states; determine the content of social relations that are the object of constitutional and legal regulation. K.p. may refer both to the constitutional order of the state as a whole ("Fundamentals of the Constitutional Order"), and to its individual elements(institutions), such as the political system, legal and citizen, the territorial organization of the state, the economic system. K.p. logically and legally subordinate to themselves the entire content of the constitution and the laws issued in its development. In accordance with the Constitution of the Russian Federation, the following CPs are formed: republican form of government (republicanism), popular sovereignty, priority and inviolability of the rights and freedoms of man and citizen, separation of powers, federalism.

Big legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. 2003 .

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CONSTITUTIONAL PRINCIPLES Legal Encyclopedia

constitutional principles- these are the guiding ideas underlying the entire content of the constitution of a particular country. They have the highest degree of normative generalization, are universal in nature and, therefore, have a regulatory effect on all areas ... ... Big Law Dictionary

The general fundamental principles expressed in the constitution of a particular state that determine the content of social relations that are the object of constitutional legal regulation. K.p. can be treated as a constitutional order ... ...

constitutional principles- the fundamental principles expressed in the constitutions of specific states; determine the content of social relations that are the object of constitutional legal regulation. K.p. can be referred to as the constitutional order of the state in ... ... Big Law Dictionary

CONSTITUTIONAL PRINCIPLES OF THE LEGAL STATUS OF THE INDIVIDUAL- the fundamental requirements enshrined in the Constitution, in accordance with which a system of fundamental rights and freedoms of man and citizen should be formed. These principles include: the inalienable and natural character of fundamental rights and… … encyclopedic Dictionary"Constitutional Law of Russia"

CONSTITUTIONAL PRINCIPLES- CONSTITUTIONAL PRINCIPLES… Legal Encyclopedia

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In modern democracies, constitutionally established: procedural rights that serve as a means of protecting fundamental material rights and human freedoms; human rights institutions and the basic principles of their activities; special rules... Law Dictionary

CONSTITUTIONAL GUARANTEES OF HUMAN RIGHTS- in modern democratic states, a set of procedural rights established by the constitution, serving as a means of protecting fundamental material rights and freedoms of a person, and also. constitutionally established human rights institutions and the main ... ... Legal Encyclopedia

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• Constitutional rights of the individual and their protection. Textbook, V. N. Belik. Tutorial reveals the activities of organs state power and institutions of civil society in the field of protection of individual rights, provides an opportunity to get an idea of ​​the rights ...
• Constitutional rights of the individual and their protection. Textbook for undergraduate and graduate students, Belik Valery Nikolaevich. The manual reveals the activities of state authorities and civil society institutions in the field of protecting individual rights, provides an opportunity to get an idea of ​​the rights ...

The constitution is a political document. The main questions of its content are questions about power, forms of ownership, the position of the individual, and the structure of the state. But at the same time, the constitution legal act, law. It is adopted either by the highest representative body of power, or by a body specially established for its adoption, or by a referendum. The Constitution contains the initial principles of the national system of law.

The Constitution in legal science is understood as the Basic Law (system of laws), which has the highest legal force and fixes the foundations social order and state structure, the relationship between the state and the individual, the organization and operation of the system government agencies.

Objectives of the constitution:

The assertion of human rights and freedoms,

Approval of civil peace and consent of the Russian Federation,

Preservation of the historically established state unity,

The revival of the sovereign statehood of Russia,

Affirmation of the inviolability of the democratic foundations of the Russian state,

Ensuring the well-being and prosperity of Russia.

Constitution Russian Federation, adopted by popular vote on December 12, 1993 and entered into force on December 25, 1993, is the basic law, source constitutional law and in general the whole law of Russia.

Among the features of the Constitution of the Russian Federation are the following:

1) the norms established in the Constitution are of a constituent nature and are primary. They are not bound by any laws that would be legally binding on them, they can establish, in particular, new institutions, change the system of state bodies;

2) the Constitution establishes state-legal norms of a general nature, which are fundamental for all state-legal regulation. They define all the main links through which a given community of people unites into a civil society, determines the mechanisms for managing state and public affairs;

3) The Constitution as a source of law is also characterized by the breadth of the content of the norms expressed in it. They cover the structure of the state, its essence and forms, determine the subjects of power, the mechanism for its implementation, the principles of participation in the management of all subjects. political activity. The Constitution also enshrined the principles economic structure society, forms of ownership, ways to protect the rights of all subjects of economic life. Through constitutional provisions
bases are defined legal status personalities, rights and freedoms of citizens, protected and guaranteed against violations by the state. Thus, the norms of the Constitution relate to all spheres of society: political, economic, social, spiritual. Such a breadth of the content of its norms the Constitution differs from all other sources of constitutional law;

4) The Constitution has the highest legal force, direct effect and is applied throughout Russia. Laws and others regulations adopted in the Russian Federation must not contradict the Constitution (Article 15 of the Constitution of the Russian Federation);

5) the Constitution defines many other types of sources at the federal level. It establishes the names of legal acts, their legal force, the procedure for adoption, cancellation and publication;

6) the significance of the Constitution as the main source is also determined by the fact that the norms established in it act as a form of embodiment of the state will of the people. The Constitution defines the goals that society sets for itself, the principles of its organization and life;

7) The Constitution, in comparison with other sources, is an act of the highest not only legal level, but also of public importance. Its norms concern every citizen, all subjects of public activity.

Thus, the Constitution of the Russian Federation, as the basic law and source of constitutional law, serves as a form of establishing the norms that make up the core of this industry, the entire state-legal regulation of social relations included in its subject.

The foundations of the constitutional system include the principles enshrined in the Constitution that characterize the foundations of civil society, the relationship of the state to forms of ownership, the structure of the state itself (its sovereignty, form of government, form of government, subjects of state power, forms of its implementation and other foundations for the functioning of the political organization of society).

Principles - the basis of the organization of state power;

Principles of organization and functioning of civil society;

Principles that determine the relationship between the state and the individual;

Principles that determine the place of the Russian Federation in the world community.

1. In the first group (the foundations of the organization of state power), in addition to the democracy already discussed above, the following principles can be included: democratic political regime, republican form of government, sovereignty of the Russian Federation, declaration of Russia as a legal state, federal state structure, separation of powers:

a) a democratic political regime includes, first of all, the reality of all forms of democracy (as mentioned above), the organization of such an order of activity of all state bodies that would confirm and guarantee the power of the people as the primary source of all types of public and state power. important constituent part democracy is a broad system of human and civil rights and freedoms, the guarantee of their implementation, which is of bilateral importance both for the population of the country and for the state, which receives the support of its population, as one of the main conditions for life and development;

b) The Constitution proclaims Russia a Republic (Article 1). Any attempts to prove the expediency of introducing a monarchy in Russia are a violation of the most important constitutional principle;

c) according to the Constitution, the Russian Federation is declared a state of law. For the rule of law characteristic features are:

Rule of law in all spheres of public and state life;

The reality of the rights and freedoms of the individual, ensuring its free development;

Mutual responsibility of the state and the individual, the binding nature of the law not only for citizens, but also for the state itself;

Strict enforcement of the requirements of the law, the dominance of the principle of legality in the state;

Implementation by the state of effective control over the implementation of legislation.

d) the Constitution in Art. 1 proclaims a federal state structure. Federation acts both as a form of government and as a way of regulation national relations in a multinational state; makes it possible for nations to have their own statehood, i.e. provides the most important international legal principle of self-determination of nations and peoples. Therefore, the subjects of the Federation are, along with others, the republics within the Russian Federation, Autonomous region and autonomous regions. In the new approach to the federal structure of Russia, democracy finds its expression in the fact that legislation consolidates the decentralization of power, refuses to grant the center a monopoly on power, and enables individual regions to independently resolve many issues of their life. Therefore, not only national entities, but also all large administrative-territorial units of the country: territories, regions, two cities of federal significance. Thus, the federal state structure of Russia is built on a combination of national and territorial features. At the same time, the Constitution secured the equality of all subjects of the Federation (Article 5);

e) Russia is a sovereign state. The Constitution proclaimed state sovereignty only for the Russian Federation. The sovereignty of a state means such a property of a state that allows it to independently and independently of other states exercise its supremacy within its territory. It is manifested in the independent ability of the legislative bodies of state power to resolve their issues, regardless of other types of bodies, in unity. legislature. The Constitution establishes that the sovereignty of the Russian Federation extends to its entire territory, which is especially important for the unity of the state in its federal form (Article 4). It is also important that it is the Federation that ensures the integrity and inviolability of its territory, proclaiming and guaranteeing the position that the borders between the subjects of the Russian Federation can be changed only with their mutual consent;

f) Article 10 of the Constitution enshrines the principle of separation of state power into legislative, executive, judicial, which is known to most countries of the world, the bodies of which are independent. State power in Russia, as established in Part 1 of Art. 11 of the Constitution, implemented by the President of Russia, the Federal Assembly (Federation Council and The State Duma), the Government of Russia, the courts of Russia. From this formulation it follows that the classical principle of the separation of powers into present stage the development of Russia is carried out with features that consist in the removal of the President from the executive branch of power to an independent place in the system of higher bodies of state power;

g) local self-government is of great importance for the mechanism of realization of the sovereignty of the people. According to Art. 12 of the Constitution "in the Russian Federation, local self-government is recognized and guaranteed. Local self-government is independent within its powers. Local self-government bodies are not included in the system of state authorities";

h) for the first time in the constitutional legislation of Russia, in the very text of the Constitution, special protection of the system of state power is indicated. As emphasized in Part 4 of Art. 3 of the Constitution, "no one can appropriate power in the Russian Federation. The seizure of power or the appropriation of power is punishable by federal law."

2. The principles of organization and functioning of civil society include economic, political and ideological pluralism, the proclamation of Russia as a secular and social state:

a) economic pluralism. One of the most fundamental changes that took place in Russia in the 90s. XX century, there was a transition to the recognition and consolidation in the Constitution of the diversity of forms of ownership, including private property. The Constitution not only proclaims the recognition of the diversity of forms of ownership, but also establishes the obligation of the state likewise protect all these forms. Pay attention to the order in which these forms are listed. Contrary to the usually chosen alphabetical order, the Constitution puts in the first place private form property, thereby emphasizing its special role and significance in the new period of development of the Russian state (part 2, article 8). It is quite logical that among the economic priorities, along with the unity of the economic space, support for competition and freedom of economic activity is guaranteed. In Art. 35 of the Constitution of the Russian Federation establishes that the right of private property is protected by law, everyone has the right to own their property, own, use and dispose of it both individually and jointly with other persons. All this indicates that Russia is striving to create a market economy;

b) prohibiting the establishment of any one ideology as a state or mandatory one, the Constitution consolidates ideological diversity (Article 13), recognizing all types of ideological teachings, if they do not preach violence and discord;

c) political diversity and multi-party system are recognized in Russia; public associations are proclaimed equal before the law; those public associations that seek to forcibly change the foundations of the constitutional order, violate the integrity and undermine the security of the state, as well as other anti-social actions are prohibited (parts 3, 4, 5 of article 13). It is forbidden, against the will of citizens, to involve them in public organizations and forcibly keep them in these organizations. This allows citizens with different political orientations to influence the political process, the adoption of government decisions, gradually increase their participation in public life;

d) proclaiming Russia a secular state, the Constitution prohibits the establishment of any state or compulsory religion, guarantees the equality of religious denominations, including through secession religious associations from the state (art. 14);

e) proclaiming Russia as welfare state, the Constitution sets before it the task and goal of directing its policy towards creating conditions that ensure a decent life and free development of a person (Article 7).

3. The principles that determine the relationship between the state and the individual are enshrined in Art. 2, 3, 6, 7, 13 ch. 1 of the Constitution of the Russian Federation.

Defining the purpose of the state in its relationship with a person and a citizen, the Constitution establishes in Art. 2 the position that a person, his rights and freedoms are the highest value, and the duty of the state is to recognize, observe and protect the rights and freedoms of a person and a citizen. Thus, the belief is strengthened that the time will come when not a person will be for the state, but the state will exist for a person, to ensure his rights and freedoms.

In Art. 6 of the Constitution enshrines important provisions regarding:

Unity of Russian citizenship;

Equality of all citizens, regardless of the grounds for acquiring citizenship;

Equality of rights and duties of citizens;

Prohibition of deprivation of citizenship;

Confirmation of the right of citizens to change their citizenship and, on the basis of international treaties, to have dual citizenship.

This provision is supplemented by those established in Art. 61, 62 of the Constitution of the Russian Federation by the norms according to which a citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to another state.

A democratic political regime, in addition to democracy, includes a wide system of rights and freedoms belonging to a person and a citizen, guarantees for their implementation. According to generally accepted principles and norms international law The Constitution not only increased the number of rights and freedoms, but also made a certain reorientation in the priorities of these rights, putting in the first place those that are directly related to the personality of a person. An important constitutional provision is the consolidation of the inalienability of rights and freedoms from a person and their belonging to everyone from birth. Proclaiming the equality of all before the law, guaranteeing the equality of human and civil rights and freedoms, regardless of gender, race, nationality, origin and other circumstances (Article 19), the Constitution also guarantees control over their implementation. Also important is the principle fixed by the Constitution and also having a universal character, which says that "the exercise of the rights and freedoms of a person and a citizen should not violate the rights and freedoms of other persons" (Article 17).

4. The principles that determine the position of the Russian Federation in the world community include the norms enshrined in Art. 4, 13, 15. Russia is building its own foreign policy, relations with the world community, based on the principle of non-interference in the affairs of other states, peaceful coexistence with other states and at the same time the integrity and inviolability of their territory and the independent solution of their internal problems. In Russia, parties are banned that advocate violating the integrity of the Russian Federation, inciting racial and national hatred both within the state and in relation to the peoples of other countries.

Importance for the constitutional law of the Russian Federation have international treaties:

Concluded with neighboring countries on the settlement of state borders;

On mutual recognition of dual citizenship (for example, with the State of Israel);

- (bilateral) on the recognition of universal human rights and freedoms for citizens of both states on their territory.

Russia believes integral part his legal system generally recognized principles and norms of international law and international treaties concluded by it with other countries.

In Art. 15 of the Constitution of the Russian Federation, the principle is written according to which the norms of an international treaty signed and ratified by Russia are recognized as having priority over domestic laws if their rules diverge.

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BRIEF COURSE OF LECTURES
L. I. Malakhova Publishing and Printing Center of the Voronezh state university Reviewer Candidate of Law

List of abbreviations
Arbitration Procedure Code of the Russian Federation BC RF Budget Code of the Russian Federation Bank of Russia Central Bank of the Russian Federation Civil Code of the Russian Federation Citizenship

State and law, their role in society
In civilized countries, law is designed to protect and protect the interests of the individual, to harmonize the needs of various social strata in the state, to regulate disputes and conflicts between

The concept, essence and functions of the state
The state can be defined as a special organization of the public, political power of the ruling class ( social group, bloc of class forces, the whole people), which has special

Theories of the origin of the state.
There are many theories that reveal the process of the emergence and development of the state. Each of them is based on the views and judgments of various groups, strata, and classes. Nations and others

State shape
The form of the state is such an aspect of its characteristics that reveals the ways of organizing state power. Traditionally, this concept includes three elements: the form of rule

Rule of Law and Civil Society
The idea of ​​the rule of law is rooted in ancient society. The state as an organization of the public power of the state. Thinkers of antiquity (Socrates, Plato, Aristotle, Tsitse

Concept, principles and functions of law.
Law arises objectively at a certain stage in the development of human society to streamline the relationship of people and their associations involved in production, exchange and consumption.

The concept, types and structure of the rule of law.
A rule of law is a rule established and provided by the state for the behavior of people in relation to each other, an indication of what actions people should or can perform, and which

Sources of law are official documents in force in the state that establish or authorize the rules of law; external forms of expression of the law-making activity of the state

The concept and types of laws
Law - a normative act adopted in a special manner by the highest representative body of legislative power or by direct expression of the will of the population through a referendum and regulated

Law system
The system of law is an objective, determined by the system of social relations internal structure national law, which consists in the division of common in their social essence

Interpretation of legal norms.
Interpretation of law is a special type of legal activity to reveal the semantic content legal regulations. The interpretation of law can also be defined as the process of knowing the law,

The concept and principles of legality.
The formation of a civil society requires a qualitatively new level of legality. Legality is a fundamental category of all legal science and practice. Even the most perfect

The concept and stages of lawmaking
The most important condition for the implementation of legal reform and improvement of the entire system of legislation are high quality adopted normative legal acts and their effectiveness

The concept, composition, signs and types of offenses
AT general view an offense is an antisocial act (action or inaction) that causes harm to society and which is punished in accordance with the law. The offense violates the regulations

The concept and types of legal liability
Legal responsibility is a kind of state coercion. Legal liability arises as a result of an offense and is a legal relationship

Personal rights and freedoms of man and citizen
With the selected criterion, the content of this group of rights and freedoms is the personality of a person, his life, honor, dignity and other inalienable values. Sometimes personal rights and freedoms are incorrectly defined

Political rights and freedoms of the citizen.
The content of these rights is political activity, social activity of a person. Therefore, the vast majority of rights and freedoms belong only to citizens of the Russian Federation. By implementing them,

The activities of state bodies are directly related to the implementation of goals, objectives and functions executive power, which provides day-to-day public administration

Administrative-legal norms and relations.
Norms administrative law are generally binding rules of conduct that are established by the state in order to regulate social relations that develop in the process of

Subjects of administrative law.
The subject of administrative law is a natural person or organization with administrative legal capacity. Individuals are recognized as subjects of administrative law

Administrative responsibility and administrative punishment
Administrative responsibility is a type of legal responsibility and consists in the application authorized body or official administrative penalties against citizens

Administrative coercion
Administrative coercion is a method of exercising executive power, exercising government controlled, a way to purposefully influence the consciousness and behavior of people. It

The concept and subject of criminal law. General characteristics of the criminal law.
Criminal law is a set of norms provided for in the criminal law and establishing the criminality and punishability of acts that are dangerous to the individual, society and the state and determine

The concept and signs of crime.
Crime is the central, leading concept of criminal law. And the construction of all institutions of criminal law depends on what meaning is invested in this concept. In the Criminal Code of the Russian Federation

Objective signs of a crime
The public danger of an act is determined, first of all, by the object of the crime. The object of the crime is what the encroachment is aimed at, what damage is or may be caused. Volume

Subjective signs of corpus delicti
The subjective signs of composition include, first of all, those that characterize the subject of the crime. Under Russian criminal law, a physical, sane person is subject to criminal liability.

Stages of committing a crime
1. The concept, types and significance of the stages of the commission of a crime. Usually, speaking of a crime, it is understood that it has already been committed - that is, all

Complicity in crime
Judicial practice shows that every third crime is committed not by one person, but by several persons, in complicity. In some cases, this form of complicity meets

The concept and types of punishments.
Punishment is one of the central institutions of criminal law. It more clearly than any other institution expresses the grounds and limits of criminal liability, the content of

Circumstances excluding the criminality of the act.
In some cases, a person may commit actions that outwardly resemble a particular crime. So, for example, defending herself from a rapist, a woman causes him serious harm to health; saved

The concept, subject and principles of environmental law
Environmental law is a set of legal principles and norms governing public relations: - on the protection of the environment from harmful effects in pr

The right to use nature
The system of norms governing relations on the use natural resources called the right to use natural resources. Such norms are contained mainly in the natural resource legislator.

Environmental regulation
Rationing in the field of nature management and environmental protection is understood as the establishment of environmental quality standards, standards for permissible environmental impact.

Economic and legal mechanism of environmental protection
The creation of an economic mechanism for environmental protection is given considerable attention in the Law “On Environmental Protection” of 2002. The main methods of this mechanism, in accordance with

Environmental control
Environmental control in Russia is carried out in the form of state, municipal, industrial and public control. State environmental control

The subject and method of family law
Family law as a branch of law regulates a certain type of social relations. In accordance with Art. 2 of the Family Code of the Russian Federation, the subject of regulation of family law are: - conditions and

Rights and obligations of spouses
Marriage gives rise to a variety of content relationships between spouses, a significant part of which cannot be specifically regulated by law (love, respect, care for the family, etc.).

Legal relationship between parents and children
The basis for the emergence of legal relations between parents and children is the fact of the origin of children, certified in the manner prescribed by law (Article 47 of the RF IC). Origin

Subject, method and principles of civil law
The subject of civil law is relations regulated by civil law(Article 2 of the Civil Code of the Russian Federation). In the context of such relationships Civil Code included property relations,

Legal entities
The concept of a legal entity in the Civil Code of the Russian Federation is defined on the basis of traditional features: “A legal entity is an organization that owns, manages or

Objects of civil rights
Civil legal relations arise about material, as well as about not wealth. The circle of material goods includes things (property), among which distinguish the soul

Property rights
The right of ownership can be defined as a property right that provides its bearer with exclusive rights to own, use and dispose of property belonging to it.

Commitments
It is customary to designate a legal relationship by virtue of which one person (debtor) is obliged to perform a certain action in favor of another person (creditor) or to refrain from performing such

General provisions on the contract
Practice knows various designations of legal ties that develop as a result of agreements concluded between participants in civil circulation - a contract, an agreement, a protocol, an agreement. Etc

Accession agreement
The principle of freedom of contract proceeds from the fact that the agreement creating the contract is the product of equal parties in rights, freely discussing all the points of their agreement. However, among those encountered

public contract
In the activities of unitary state or commercial enterprises, business companies or partnerships, production cooperatives, related to the sale of goods, the performance of work or the provision of

Preliminary agreement
According to paragraph 1 of Art. 429 of the Civil Code of the Russian Federation, a preliminary agreement is considered to be an agreement under which the parties undertake to conclude in the future an agreement on the transfer of property, the performance of work or the provision of services (the main agreement

Contract in favor of a third party
According to Art. 430 of the Civil Code of the Russian Federation, an agreement in favor of a third party is recognized as an agreement in which the parties have established that the debtor is obliged to perform performance not to the creditor, but to the one indicated or not indicated in the contract.

The concept and foundations of inheritance.
Inheritance is understood as the transfer of the rights and obligations of a deceased person (testator) to other persons (heirs) in the order of universal succession. As part of the inheritance (us

Labor law is a branch of law that regulates the procedure for the emergence, operation and termination of labor relations, determines the mode of joint work of employees, establishes a measure of protection

Labor relations
Labor relations constitute the main content of labor law. In fact, these are social relations regulated by the norms of labor law. Subjects of labor rel.

Collective agreements and agreements
A collective agreement is a local regulatory legal act that regulates social and labor relations in an organization or individual entrepreneur and concluded to employees

Employment contract: procedure for concluding and terminating
As already noted, direct labor relations begin from the moment of conclusion employment contract. An employment contract is an agreement between an employer and a worker.

Legal regulation of essential working conditions
Legal regulation essential working conditions determines the content of labor relations. One of the most important conditions labor is the establishment of working time, ie. time

Labor discipline
Labor discipline (Chapter 9, Articles 189 - 195 of the Labor Code of the Russian Federation) is a certain procedure for the behavior of workers in the production process. It is developed by methods of persuasion, material interest

Salary
Wage(employee's wages) is a remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality, conditions of the work performed, as well as

Material liability
Material liability parties to the employment contract, Art. 232 of the Labor Code of the Russian Federation. The party to the employment contract that caused damage to the other party compensates for the damage in accordance with the Labor Code of the Russian Federation and other federations.

The procedure for resolving labor disputes
The Constitution of the Russian Federation (clause 4, article 37) recognizes the right to individual and collective labor disputes using the methods of their resolution established by federal law, including such

Concept, subject and method of financial law
into the system Russian law includes financial law Financial law refers to branches of public law and is a set of legal norms governing public

Financial legal relations: features, types, subjects
The specificity of social relations regulated by financial and legal norms lies in the fact that they arise from the activities of the state for the direct mobilization, distribution or use

financial law system
The system of financial law as a branch of law is its internal structure objectively determined by the financial system, the unification and arrangement of financial and legal norms in a certain sequence.

Financial and legal foundations of banking in the Russian Federation
Legal regulation banking in the Russian Federation is carried out in accordance with the Federal Laws of 10.07. 2002 “On the Central Bank of the Russian Federation

Legal regulation of accounting
Accounting is an ordered system of collecting, registering and summarizing information in monetary terms about the property, obligations of the organization and their movement through a continuous, not

Legal status of the subjects of audit activity
Legal basis implementation of auditing activities in the Russian Federation are determined by the Federal Law "On Auditing Activities" dated August 07, 2001. According to this law, audit is understood as

The concept and subject of tax law
Tax law is a sub-branch of financial law. Tax law is a set of financial and legal norms that regulate public relations for the establishment, introduction and collection of taxes,

Taxes and their functions
To ensure its activities, the state needs financial resources, with the help of which the functions of the state are financed. Taxes play a leading role in the formation of the budget.

Subject and system of insurance law
Insurance as a system for protecting the property interests of citizens, organizations and the state is necessary element socio-economic system of society. This is due to the fact that the market

Concept and types of insurance
Insurance is a relationship to protect the interests of individuals and legal entities, Russian Federation, subjects of the Russian Federation and municipalities upon the occurrence of certain insured events at the expense of monetary

Legal basis for information protection
Legislation of the Russian Federation on information, information technology and on the protection of information is based on the Constitution of the Russian Federation, international treaties of the Russian Federation and consists of the Federal Law of 28

Legal basis for the protection of state secrets
In accordance with the law of the Russian Federation of December 27, 1996 "On State Secrets", state secrets mean information protected by the state in the field of its military, foreign policy, economy

Commercial and official secret
Relationships associated with the attribution of information to trade secret, the transfer of such information, its protection is regulated by the federal law dated July 29, 2004 "On trade secrets".

An important principle of the Constitution is the provision on Russia as a social state. “The Russian Federation,” says Art. 7 of the Basic Law, a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person”.

The essence of this principle lies in the fact that the state assumes part of the functions and responsibility for social sphere society, is obliged to direct resources to the protection of labor and health of people, establish a guaranteed minimum wage, provide support for the family, motherhood, fatherhood and childhood, the disabled and the elderly, develop a system of social services, establish state pensions, benefits and other guarantees of social protection.

The social orientation of the activities of the Russian state is clearly expressed in its constitutional obligation to ensure the implementation of fundamental human rights:

The right to free labor;

The right to social security in old age, in case of illness, disability, in other cases established by law;

Right to housing;

The right to health care;

The right to a favorable environment;

The right to education.

In order to ensure the relevant rights, state bodies develop and implement federal and regional programs for the protection of health, protection and support of the family, childhood, environmental protection natural environment.

The principle of the Russian Constitution is also economic freedom, the diversity of forms of ownership while maintaining a single economic space. In contrast to the constitutions of the Soviet period, which ensured a focus on the predominant development of state property and excessively expanded the scope state regulation, The Basic Law of Russia of 1993 recognizes and protects equally private, state, municipal and other forms of ownership (for example, the property of public associations). Thus, each of them can develop freely, competing with each other and filling various areas of the Russian economy.

Economic freedom is expressed in the ability of a person to use his abilities and property for entrepreneurial and other economic activities not prohibited by law, the right to sell his labor force on the labor market. However, it is not allowed economic activity aimed at monopolization and unfair competition.

The diversity of forms of ownership and economic freedom can only show their strengths in the context of maintaining a single economic space, which means the free movement of goods, services and financial resources. The establishment of customs borders, duties, fees and any other obstacles to the free movement of goods, services and financial resources is not allowed on the territory of the Russian Federation.

Guaranteeing and recognition of local self-government is one of the principles of the Constitution of the Russian Federation. Local self-government is a set of bodies and institutions that ensure the independent solution of local issues by the population.

According to the Constitution of Russia, local self-government acts as an independent channel (form) for the exercise of power by the people. Local self-government bodies are not included in the system of state authorities.

Local self-government contributes to the decentralization of the management of state and public affairs, “unloads” state power, and contributes to the development of social activity of citizens at their place of residence.

The principles of the Constitution listed above are at the same time the foundations of the constitutional order of the Russian Federation. This means that they determine the content, the main meaning of not only the Constitution itself as the Basic Law of the state, but also (subject to their real implementation) the structure of society and the state.

The Constitution of Russia, like any state, is characterized not only by principles, but also by a number of legal properties that distinguish it from other laws and determine its special place in the legal system.

The most significant of them is the supremacy of the Constitution, its highest legal force. For the first time in domestic constitutional practice, this legal property of the Constitution received a detailed consolidation in the text of the Basic Law itself. “The Constitution of the Russian Federation,” says Art. 15, -- has the highest legal force, direct effect and applies throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.”

The supreme force of constitutional norms means that in case of their discrepancy with the norms of ordinary laws, constitutional norms are in force. Constitutional norms in terms of legal force are heterogeneous, they themselves can be differentiated, divided into several groups:

1. The norms that make up the foundations of the constitutional order. They consolidate the highest socio-political and legal values Russian society and have higher legal force within the framework of the Constitution itself. They can be changed in a special, in comparison with other norms of the Constitution, procedure. No other provisions of the Constitution may contradict the foundations of the constitutional order of the Russian Federation.

2. Constitutional norms on human rights and freedoms. Their specificity lies in a direct ban on the issuance of laws that abolish or diminish the rights and freedoms of man and citizen. In addition, the Constitution establishes the limits within which these constitutional norms can be temporarily limited. All this emphasizes the special legal significance of these constitutional norms,

3. Constitutional norms, which can be specified only in federal constitutional laws. The latter are special laws that are most closely (organically) related to the Constitution. For their adoption, an increased number of votes of the State Duma and the Federation Council is necessary, but in comparison with ordinary laws. So, the provisions of Art. 125 of the Constitution on the powers and procedure for the activities of the Constitutional Court of Russia can only be specified in a constitutional law.

4. Other norms of the Constitution, having increased legal force in comparison with ordinary laws.

The role of the constitution in society is realized in its functions. Three of its functions can be distinguished: political, legal and humanistic.

The political function of the Constitution of the Russian Federation lies primarily in the recognition and consolidation of political diversity, multi-party system, and ideological pluralism. Giving political forces equal opportunities in the struggle for state power, the constitution only prohibits actions aimed at forcibly changing the foundations of the constitutional order, undermining the security of the state, creating armed groups, inciting social, racial, national and religious hatred.

The Constitution does not allow the intervention of public associations in the activities of state bodies, and even more so the creation of political organizations in their structural divisions. In turn, state bodies should not interfere in the activities of public formations.

The next function of the Constitution of the Russian Federation is legal. It lies in the fact that the Constitution acts as the core of the legal system of society, establishes the fundamental legal provisions that are the starting and defining for various branches of law. The Constitution, as it were, pulls the current legislation into a single integral system, giving it a coherent character. Possessing the highest legal force, it ensures the ordering and proper legal regulation of social relations with the help of a system of interrelated and internally subordinated normative acts of the state. And their implementation is based on such cornerstone provisions of the Constitution as state sovereignty, human and civil rights and freedoms, the rule of law, the principle of separation of powers into legislative, executive and judicial.

The purpose of the Constitution of the Russian Federation is also expressed in its humanistic function. It consists in the fact that the Constitution embodies universal human values, enshrines the rights and freedoms characteristic of a civilized society, declares the universally recognized principles and norms of international law and international treaties of the Russian Federation as an integral part of the legal system of the state, proclaims that a person, his destiny are the highest value . At the same time, the constitution imposes on the state the obligation to ensure its dignified and civilized existence.

An important property of the Constitution is a special legal content. The Constitution cannot be confused with another law of the state precisely because of the subject of legal regulation. It determines the foundations of the organization of the state and society, gives a holistic view of the corresponding state, the position of the individual in it, which cannot be done by any of the ordinary laws of the country.

The regulation by the Constitution of the main, determining social relations in the economy, politics, and in the structure of the state determined its second generally accepted name - the Basic Law of the State.

The legal property of the Constitution of Russia is a special (compared to ordinary laws) procedure for its amendment and revision. It is extremely complicated and focused on maintaining the stability of the Constitution, excluding hasty, thoughtless amendments.

As a legal property of the Constitution of the Russian Federation, one can also consider increased protection, compared with other laws, protection of constitutional prescriptions by the state. This task is performed by the system of constitutional control and supervision operating in Russia. Its main link is the Constitutional Court.

In addition to the Constitutional Court, a number of functions of control and supervision over the observance of the Constitution are performed by the President of the Russian Federation, courts of general competence and arbitration courts, as well as the prosecutor's office and other law enforcement agencies.

The Constitution is the legal basis for the current legislation of the Russian Federation. This legal property of the Constitution is manifested in the fact that its principles and norms determine the content and direction of both individual laws and all branches of Russian legislation. Current laws concretize and detail the provisions of the Constitution, thereby ensuring their implementation.

All this allows the Constitution to be the core of the legal system of the Russian Federation, to cement and ensure the unity and consistency of Russian legislation.

The adoption of the new Constitution gives impetus to the renewal and revision of the current legislation. On the basis of the Constitution of the Russian Federation of 1993, a number of important legislative acts have already been adopted: the Constitutional Law on the Constitutional Court of the Russian Federation, the Law on Basic Guarantees of the Electoral Rights of Citizens of the Russian Federation, the Law on the Federal Security Service, etc.

These are the main legal properties of the Russian Constitution that distinguish it from other (ordinary) laws.

The federal structure of the Russian Federation determines the presence of not only the federal Constitution, but also the constitutions of the republics within the Russian Federation. The constitutions of the republics within the Russian Federation, on the basis of and in accordance with the Constitution of the Russian Federation, determine their status, establish the legal status of citizens, fix the system of state authorities, the organization and functioning of local self-government. The constitutions of the republics within the Russian Federation cannot contradict the federal Basic Law. In the event that such a discrepancy has arisen, the norm of the federal Constitution shall apply, and the relevant provisions of the constitution of the republic are subject to cancellation by the body competent to adopt and amend the republican constitution, or are declared invalid by decision of the Constitutional Court of the Russian Federation.

The Constitution of the Russian Federation is the main normative act of Russia, which has the highest legal force throughout the territory of the Russian Federation and direct action.

Based on the definition, the Constitution of the Russian Federation is based on 2 main principles: 1) the supremacy of the Basic Law;

2) direct action of constitutional norms.

1. The supremacy of constitutional norms means that the Constitution of the Russian Federation of 1993 is valid throughout the entire territory of the Russian Federation. This principle is also reflected in the federal structure of the Russian Federation. Despite the fact that the subjects of the Russian Federation are endowed with the right to adopt their own constitutions (charters), nevertheless, the effect of these regulations is limited to the territory of the subjects, while the Constitution of the Russian Federation extends its effect to all subjects simultaneously.

The supremacy of the Constitution of the Russian Federation means its supreme legal force, i.e., all normative acts adopted on the territory of the Russian Federation (regardless of whether they are federal or adopted only in individual subjects of the Russian Federation) must comply with constitutional norms. Therefore, the Constitution of the Russian Federation can be called the fundamental basis of the entire legal system of Russia.

2. The principle of direct action means that constitutional and legal norms operate on the territory of the Russian Federation not indirectly, but directly, directly, i.e. compliance with constitutional norms should not be made dependent on any circumstances.

The Constitution of the Russian Federation in its content enshrines one of the main principles of a democratic state - the principle of separation of powers, according to which three branches of power simultaneously operate in Russia: 1) legislative; 2) executive; 3) judicial.

Thanks to this principle, a system of "checks and balances" is established in the power structure, which ensures the normal functioning and interaction of various authorities. This principle is also ensured by delimiting the rule-making activities of the President of the Russian Federation, the Federal Assembly and the Government of the Russian Federation, the spheres of joint and separate competence of the Russian Federation, its constituent entities and local governments.

An important principle of the Constitution is the provision on Russia as a social state. “The Russian Federation,” says Art. 7 of the Basic Law, is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person”.

The essence of this principle lies in the fact that the state assumes part of the functions and responsibility for the social sphere of society, is obliged to direct resources to the protection of labor and health of people, establish a guaranteed minimum size wages, provide support for families, motherhood, fatherhood and childhood, disabled and elderly citizens, develops a system of social services, establishes state pensions, benefits and other guarantees of social protection.

The social orientation of the activities of the Russian state is clearly expressed in its constitutional obligation to ensure the implementation of fundamental human rights:

the right to free work;

· the right to social security in old age, in case of illness, disability, in other cases established by law;

The right to housing

the right to health care;

right to favorable environment;

the right to education.

In order to ensure the relevant rights, state bodies develop and implement federal and regional programs for the protection of health, the protection and support of the family, childhood, and the protection of the natural environment.

The principle of the Russian Constitution is also economic freedom, the diversity of forms of ownership while maintaining a single economic space. Unlike the constitutions of the Soviet period, which ensured a focus on the predominant development of state property and excessively expanded the scope of state regulation, the Basic Law of Russia of 1993 recognizes and protects equally private, state, municipal and other forms of property (for example, the property of public associations). Thus, each of them can develop freely, competing with each other and filling various areas of the Russian economy.

Economic freedom is expressed in the ability of a person to use his abilities and property for entrepreneurial and other economic activities not prohibited by law, the right to sell his labor force on the labor market. At the same time, however, economic activity aimed at monopolization and unfair competition is not allowed.

The diversity of forms of ownership and economic freedom can manifest their strengths only in the conditions of maintaining a single economic space, which means the free movement of goods, services and financial resources. The establishment of customs borders, duties, fees and any other obstacles to the free movement of goods, services and financial resources is not allowed on the territory of the Russian Federation.

Guaranteeing and recognition of local self-government is also one of the principles of the Constitution of the Russian Federation. Local self-government is a set of bodies and institutions that ensure the independent solution of local issues by the population.

According to the Constitution of Russia, local self-government acts as an independent channel (form) for the exercise of power by the people. Local self-government bodies are not included in the system of state authorities.