Adoption of the constitution of the Russian Federation and elections to the State Duma. The constitution of the Russian Federation was adopted

Decree of President Boris Yeltsin dated September 19, 1994 This day was declared a public holiday.

The preparation and adoption of the Constitution took place against the backdrop of a confrontation between the two branches of power - the executive, represented by President Yeltsin, and the legislative, represented by the Supreme Council of Russia.

The current Constitution is drawn from several sources. Chief among them were the draft constitutional commission of the Supreme Soviet (the "Rumyantsev project") and the draft constitutional conference convened by Yeltsin's decision.

As a result, the draft of the Constitutional Conference absorbed many of the provisions of the draft of the constitutional commission and was taken as the basis for the final revision of the constitution with the involvement of regions, deputies, specialists and working groups. It was this draft of the basic law that was submitted by the president to a popular vote.

A referendum on the adoption of a new constitution was held on December 12, 1993. It was attended by 58 million 187 thousand 755 Russians, or 54.8% of registered voters. 32 million 937 thousand 630 voters (58.4%) voted for the adoption of the Constitution.

The constitution officially came into force December 25, 1993 on the day of its publication.

The new Constitution of Russia significantly changed the structure of the highest bodies of state power. It enshrined the principle of separation of powers, made a serious step towards improving the federal structure of Russia. For the first time in the history of the country, the norms of the constitution were given direct effect - anyone can protect their rights by referring to constitutional norms, and judicial and other state bodies, when considering cases and resolving disputes, should be guided, first of all, by the norms of the fundamental law.

Being the main document of the state, the norms of the Constitution do not need any other legal confirmation. No laws adopted on the territory of the country should not contradict it, otherwise they are subject to cancellation.

The Constitution did not prescribe, as it had previously, a unified economic system based on state ownership, equally protecting all forms of ownership and ensuring the freedom of development of civil society.

The Basic Law proclaimed the president the head of state and assigned him the responsibility of protecting the constitution, human and civil rights and freedoms, protecting Russia's sovereignty, its independence and state integrity, ensuring the coordinated functioning and interaction of state authorities.

Upon taking office, the President of the Russian Federation takes an oath to the people on a copy of the Constitution. The text of the oath is enshrined in Article 82 of the Basic Law. The cover of this copy is made of the thinnest leather (lizard) of red color, on the cover there is an applied silver coat of arms of Russia and the inscription "Constitution of Russia" embossed in gold.

Decree of the President of the Russian Federation No. August 5, 1996 it was found that a specially made single copy of the official text of the Russian constitution is the official symbol of presidential power. A day before his inauguration, scheduled for May 7, 2000, acting president Vladimir Putin canceled the 1996 decree on presidential regalia, and the special copy of the constitution ceased to be a symbol of presidential power.

The inauguration ceremonies of Russian President Putin (2000 and 2004) and Dmitry Medvedev (2008) were held using the same special copy of the constitution. This has become a tradition, but formally it is not mandatory: since 2000, the President of Russia has the right to take an oath, laying his hand on any edition of the basic law.

A special copy of the constitution is permanently kept in the presidential administration library in the Kremlin and is used only during the inauguration of the head of state.

December 30, 2009 the Basic Law was amended for the first time. According to the basic law, the head of state will now be elected for six years (previously - for four years), and State Duma deputies - for five years (previously - for four years). In addition, the government is obliged to report to the State Duma on its work. Reports will be published in Russian newspaper and "Parliamentary newspaper".

For all previous years, changes were made to the constitution only in connection with the enlargement of regions, the number of which decreased from 89 to 83.

For twelve years, Constitution Day on December 12 was a public holiday. However, January 1, 2005 ceased to be a day off, turning into a memorable date. The State Duma adopted the relevant amendments to the Labor Code, changing the country's holiday calendar.

Russian state passed a difficult path of development, starting with the Constitutions of the USSR. The first constitution was adopted in 1918. It was based on the Declaration of the Rights of the Working and Exploited People, which called the Soviet state a federation of Soviet national republics, and Russia a republic of Soviets. It was these fundamental principles that formed the basis of the Constitution of 1918, which thereby consolidated the gains of Soviet power in October 1917.

Subsequent Constitution of the USSR adopted in 1924, it was due to the conclusion of the Treaty on the Formation of the USSR in 1922. With the formation of the new state of the USSR, the operation of the Constitution of the Republic of Soviets of 1918 became difficult, which was the reason for the adoption of the new Constitution. In general, the Constitution of 1924 consolidated the creation of the USSR and the operation of the "Declaration of the Rights of the Working and Exploited People", and more precise regulation of state power was carried out by the constitutions of individual union republics.

In 1936 the new Constitution of the USSR was approved, which consolidated the victory of socialism, the establishment new system authorities, universal equal suffrage by secret ballot, extended rights and freedoms of citizens of the USSR. It lasted quite a long time, but in 1959. The Soviet government came to the conclusion about the complete victory of socialism and therefore it became necessary to adopt a new Constitution of the USSR, which appeared only in 1978 This Constitution of the USSR was the last in the Soviet state and was distinguished by the fact that in it the people were declared the only subject of power in the state, however, the Communist Party was still called the leading force, thus, the Constitution of 1978, although it established democratic principles, nevertheless in generally remained formal, like all previous Constitutions of the USSR. From this moment begins the history of the development of the Constitution of the Russian Federation. Its adoption was due to the political situation prevailing in Russia at that time.

So, in 1990-1993 in Russia, constitutional reforms were widely carried out, aimed at establishing a new constitutional order of the country, associated with the transition of the Russian Federation from socialism to democracy. The beginning of the reform is associated with the formation at the First Congress of People's Deputies of the RSFSR in the summer of 1990. Constitutional Commission headed by B. N. Yeltsin, which was the first to draft a new constitution.

The draft prepared by this commission was not adopted either at the first or at the second discussion at the congresses of people's deputies, but the general concept of the Constitution was approved, which significantly delayed the transition to a new constitutional system in Russia, therefore, in early 1993, it was convened constitutional meeting, which, as a result of its work, adopted the so-called "presidential draft" of the Constitution. It was he who was submitted to a national referendum on December 12, 1993.

Adoption of the Constitution of the Russian Federation

The entire population of Russia took part in the referendum on the discussion of the draft Constitution, and according to the results of the vote, the Constitution of the Russian Federation was adopted at an all-Russian referendum on December 12, 1993.

54.8% of registered voters took part in the voting on the draft of the new Constitution, 58.4% of those who took part in the voting voted for the adoption of the Constitution. Since, under the terms of the referendum, it was considered valid with the participation of more than half of the registered voters, and the project was considered adopted if more than half of those participating in the vote voted for it, this meant that the new Constitution was adopted. The fact that in some subjects of the Russian Federation less than half of the voters participated in the voting, and in several subjects of the Russian Federation a referendum was not held or the project did not receive the required majority, does not cancel the fact of its adoption: the act on the referendum did not contain conditions relating to the subjects of the Russian Federation, yes and international practice proceeds from the fact that, if a federal constitution is adopted without the precondition of ratification by the constituent entities of the federation, it also operates on the territory of those constituent entities whose voters rejected the draft. Moreover, if the constitution has been ratified by a certain number of subjects of the federation, it is also valid on the territory of those subjects that refused to ratify (this was the case in Germany, the USA).

As President of the Russian Federation D.A. Medvedev noted, the Constitution of the Russian Federation is not ideal (there are no ideal constitutions), but it contains basic universal values, on the basis of which the progressive development of society and the state is carried out, and which still long time will be used. Whatever its individual formulations, the Constitution is the fundamental law, and until it is replaced or changed, it must be unswervingly observed by all.

The Constitution of the Russian Federation of 1993: briefly

Constitution of the Russian Federation- the main regulatory 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:

• the supremacy of the Basic Law;
• direct action of constitutional norms.

Supremacy constitutional norms means that the Constitution of the Russian Federation of 1993. operates throughout the 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 highest 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.

Principle direct action means that they 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 current Constitution of the Russian Federation was adopted by popular vote on December 12, 1993. It is the written, permanent constitution of the second generation.

It consists of a short preamble, two sections, the first of which is divided into 9 chapters.

• full and consistent consolidation of universally recognized fundamental rights and freedoms of man and citizen in accordance with international standards protection of human rights;
• a description of the institutions and mechanisms for ensuring the interaction of human and civil rights and freedoms with all other constitutional institutions in the sphere of the political and economic structure of the state;
• rules for ensuring the implementation of constitutional rights and freedoms of the individual.

Many of the chapters of the Constitution of the Russian Federation are devoted to the structure and competence of state authorities: the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation. In addition, the Constitution establishes the principles and structure of the judiciary.

The Constitution of the Russian Federation establishes all the basic democratic principles: the election of the highest state bodies, the right of citizens to local self-government, etc.

The Constitution of the Russian Federation in its content establishes another of the main principles democratic state — the principle of separation of powers, according to which in Russia there are simultaneously three branches of government:

• legislative;
• judicial.

Thanks to this principle, system of "checks and balances" 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 subjects and local governments

Features of the Constitution of the Russian Federation of 1993

The constitutional development of Russia is, although not as long as, say, in the United States, where the Constitution was adopted more than 200 years ago, but it is quite stormy. In the history of the Russian Federation itself, there are five constitutions - respectively 1918, 1925, 1937, 1978 and 1993. (Almost all of them were published a year after the adoption of the constitutions of the USSR: 1924, 1936, 1977.) The duration of Russian constitutions is short - 7, 12, 40 and 15 years, respectively. The first four constitutions were essentially Soviet, fictitious. They proclaimed principles that were not actually implemented in life: the ownership of power by the working people, the sovereignty of the Soviets, the federal structure of the state, the ability of citizens to enjoy broad rights and freedoms enshrined in constitutions. The current Constitution of the Russian Federation differs significantly from the previous ones. It was adopted by popular vote on December 12, 1993 and entered into force on December 25, 1993. It has the following features.

It's basically de-ideologized legal document. It declares the highest value not the interests of the state or a certain party, but the rights and freedoms of a person. The rights and freedoms of the individual are also guaranteed by the priority of the norms of international law established in the Constitution. Provisions relating to the class approach to solving the problems of society have been excluded from the Constitution. The empty provisions on the active role of the labor collective have been replaced by norms enshrining the right of private property, norms on freedom entrepreneurial activity about the development of market relations.

The constitution has classical structure , i.e., one that is used in the construction of constitutions in many countries. It consists of nine chapters: "Fundamentals of the constitutional system", "Rights and freedoms of man and citizen", "Federal structure", "President of the Russian Federation", "Federal Assembly", "Government of the Russian Federation", "Judicial power", "Local self-government”, “Constitutional amendments and revision of the Constitution”.

The Constitution proclaims the principle of separation of powers, but at the same time it establishes a strong role for the President. Ultimately, any constitution reflects the balance of political forces. Parliament, which is a representative body of the people, was born in Russia recently and cannot yet take on the main burden of managing society. However, the current Constitution provides for the possibility of turning the Russian Federation into a parliamentary republic by establishing appropriate constitutional norms (for example, participation in the formation of the Government in accordance with the alignment of forces in parliament).

The Constitution of the Russian Federation establishes the legal equality of the subjects of the Federation in relations with federal government bodies. This provision does not mean the establishment of an absolutely identical legal status of the subjects of the Russian Federation, but rather declares an equal approach of the federal authorities to any subject, regardless of any (actual, legal) factors. However, this provision has not yet been implemented.

The Constitution establishes quite complicated order changes and revisions to its provisions. The norms relating to the constitutional system, the rights and freedoms of citizens cannot be revised except by a popular vote with the support of at least 50% of the voters who took part in the vote. Other norms of the Constitution may be amended in the manner used for the adoption of federal constitutional laws (three-quarters of votes total number members of the Federation Council and two-thirds of the votes of the total number of deputies of the State Duma), subject to their approval by the legislative authorities of at least two-thirds of the constituent entities of the Russian Federation. Such a complex procedure for changing the Constitution of the Russian Federation was deliberately established: the main goal of any constitution is to stabilize society, but above all, the constitution itself must be a relatively stable legal document.

- This forward looking document. It reflects provisions that, unfortunately, have not yet been fully implemented, for example, the provision that Russia is a state of law, etc. The existence of such declarations is justified by the goal of establishing guidelines for the development of the state. Society must see the path along which it is moving. The Constitution is not a one-day document, but a long-term normative act.

Development and adoption of the Constitution of the Russian Federation in 1993

In world practice, there are several ways to adopt a new constitution: oktroirovanie, adoption by the constituent (constitutional) assembly, adoption by popular vote (referendum), parliament. These methods are forms of the constitution of public authority.

The constitutional crisis in post-Soviet Russia revealed a different vision of the constitution on the part of the Congress of People's Deputies, the Supreme Council and the President. The Supreme Council decided to adopt a new constitution at the Congress of People's Deputies, setting the date for its convocation on November 17, 1993. The Constitutional Commission, created by the Congress of People's Deputies, prepared a draft of the new constitution, and the Supreme Council approved it.

The president, by virtue of his election by the people, acquired legitimacy equal to that of the parliament, moreover, he strengthened it as a result of the August events of 1991. The opposition grew, and the President rejected the path of dialogue with the Congress of People's Deputies and the Supreme Council (later he admitted this was his mistake).

The constitutional crisis was ultimately resolved through the use of force contrary to the provisions of the current Constitution of the RSFSR and the decisions of the Constitutional Court of the Russian Federation. The initiative in preparing a new draft constitution was shown by the President, and the entire process of its further development was under his full control. As a result, a presidential draft of the constitution appeared, in order to coordinate it with the draft prepared by the then working Constitutional Commission and approved by the Supreme Council, in May 1993, the President convened the Constitutional Conference, designed to express the attitude of society to the question of what kind of constitution Russia needs.

The Constitutional Conference consisted of 750 members working in five sections: representatives of the federal authorities; representatives of the authorities of the constituent entities of the Russian Federation; representatives of local government; representatives of parties, public organizations, trade unions, religious denominations; representatives of producers and entrepreneurs. The last three sections subsequently formed the Public Chamber of the Constitutional Conference. The Constitutional Arbitration Commission worked within the framework of the Constitutional Conference.

At the Constitutional Conference, the draft constitution submitted by the President of the Russian Federation was discussed. At the same time, the draft constitution prepared by the Constitutional Commission, numerous comments and proposals of citizens were considered. As a result of long work - from June to October 1993 - was developed new project constitution. In order to ensure the legitimacy of the new constitution, the President proposed that it be submitted to a popular vote, which was made possible by the results of a referendum on April 25, 1993, which supported this initiative.

The Constitution of the Russian Federation was adopted by popular vote on December 12, 1993. 54.8% of registered voters participated in it, of which 54.8% were in favor of the Constitution. As can be seen from the above data, many voters (more than 40%) did not take part in the referendum, and the majority of votes cast for the adoption of the Constitution was not so convincing. In 17 constituent entities of the Russian Federation, the new Constitution of the Russian Federation was not approved. Such voting results reflected the acute confrontation between the socio-political forces of Russian society at that time. The approval by the people of the Constitution of the Russian Federation actually meant its legitimation.

In the process of preparing a new constitution, various methods were used to legitimize the actions of the President to resolve the constitutional crisis: an appeal to the doctrine natural law, the provisions of international law, to democratic forms of discussion as ways to choose a strategic path of development. The authority of the Council of Europe was also used.

New democratic Russia, realizing itself as part of the world community, has taken a firm course towards respect and recognition of the universally recognized principles and norms of international law, European standards in the field of ensuring and protecting the rights and freedoms of man and citizen, pluralistic democracy and the rule of law. Therefore, it was natural to submit the draft constitution of the Russian Federation for examination to the Commission of the Council of Europe “For Democracy through Law”, better known as the Venice Commission, which was established in 1991. The main goal of the Venice Commission is to assist the new democracies of Central and Eastern Europe to create the political and legal structures necessary for the functioning of a pluralistic democracy, ensuring human rights and the rule of law; to develop existing democratic structures that constantly face new challenges in a rapidly changing society. The Commission at that time brought together representatives of 38 states as members, associate members and observers. Russia was its associated member. Members of the Commission, appointed by governments, serve as experts in their personal capacity. As a rule, these are specialists in the field of constitutional law with extensive experience in parliaments, governments, constitutional and other courts.

At one time, a draft constitution prepared by the Constitutional Commission was submitted to the Venice Commission. In February 1993 large group experts came to Russia to discuss it. Unfortunately, their work, very useful and constructive, did not attract the due attention of people's deputies.

The presidential draft of the constitution was submitted for examination at the next plenary meeting of the Venice Commission, held in May 1993 in Warsaw. The draft, finalized and approved by the Constitutional Council, was discussed at regular plenary meetings of the Venice Commission in September and November 1993.

Prominent university professors, members of parliaments, ex-chairman and ex-judges of constitutional courts presented their opinions: A. La Pergola, S. Bartole (Italy), K. Economides (Greece), E. Ozbudum (Turkey), S. Botusharova ( Bulgaria), 3. Kedzia (Poland), X. M. Pimental (Portugal), C. Baudouin (Canada), G. Helgesen (Norway), J. C. Scholsem (France), etc.

At the request of the Committee of Ministers of the Council of Europe, the Venice Commission committed itself to an in-depth study of the Constitution of the Russian Federation, adopted by universal suffrage, within the framework of cooperation between Russia and the Council of Europe.

Historians, sociologists, political scientists, and economists criticized the latest drafts of the Russian constitution in the Russian press and other media, and were echoed by politically biased lawyers. They, as a rule, frightened the Russians with the fact that the adoption of a new constitution threatens them with "fatal consequences." Contrary to these assertions, none of the experts of the Venice Commission saw in the Constitution of the Russian Federation the model of a personal dictatorship or an authoritarian regime. Experts noted that the Constitution of the Russian Federation includes a number of fundamental principles typical of a democratic constitution, reflects specific national characteristics Russia and its constitutional traditions.

The opinion of the Venice Commission consisted in a general positive assessment of the Constitution of the Russian Federation as consistent with the principles of a democratic state based on the rule of law and respect for human rights. Such an assessment by the Venice Commission of the Constitution of the Russian Federation served as a good argument in deciding whether to admit Russia to the Council of Europe.

In general, Western lawyers gave a serious and detailed analysis of all constitutional institutions: the foundations of the constitutional order, the rights and freedoms of man and citizen, the federal structure, the relationship between the president, government and parliament, the judiciary, and local self-government. However, on some points the experts considered it necessary to make comments.

Experts set and discussed a number of theoretical problems constitutionalism in the context of historical and contemporary practice constitutional construction, which are debatable, noted the existence of various models of certain constitutional institutions. Among these problems is the question of the nature of the constitution: should it regulate social relations in detail, or is it enough just to fix the basic principles with the subsequent “natural development of the Constitution”. According to experts, the authors of the Constitution of the Russian Federation have chosen an intermediate model: along with the consolidation of the foundations of the constitutional system, a fairly clear and detailed regulation of the main constitutional institutions is given - the rights and freedoms of man and citizen, the federal structure, the president, the government, parliament, and the judiciary. Certain provisions were undoubtedly the result of political compromise. A great achievement, according to experts, was the indication of the direct effect of the Constitution of the Russian Federation, that the rights and freedoms of man and citizen are directly applicable and that they determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided by justice .

The Commission noted with satisfaction that the Constitution of the Russian Federation included provisions on the universally recognized principles and norms of international law and international treaties of the Russian Federation as an integral part of the legal system, which “is a challenge and a major innovation”, allowing international law to provide direct impact to domestic law.

Fruitful is the idea of ​​experts that the theory of separation of powers is evolving, that this principle cannot be absolutized, brought to the point of absurdity. The degree of “tightness” of the three branches of power in each country turns out to be unique and individual. So, according to experts, at present there is a great need for participation in the implementation of the legislative function of other branches of power, and the legislative power itself cannot be deprived of certain control powers in relation to other branches of power, taking into account their specifics. The main purpose of the Constitution, according to the members of the Commission, is to clearly regulate the relationship of interdependence and cooperation between them. The only independent and independent, according to experts, remains the judiciary. All this "creates a good basis for the legal status of the individual", forms the foundation of a truly democratic legal state.

Considering the contents of the chapter “Federal Structure” and believing that there is no standard form of a federal structure and that a federation that does not change may not meet the needs of the people and fall apart, the experts came to the conclusion that Russia has chosen the model of a centralized federation. This is due to the features modern stage development of Russia.

When analyzing the chapters "President of the Russian Federation", "Federal Assembly", "Government of the Russian Federation", the experts rightly noted that the form of government "is based on a new and interesting concept of presidential power" ("semi-presidential government") and is determined to a greater extent by the events of the democratic transition period in Russia, the federal structure of the Russian state, rather than any foreign model. Here it is useful to recall the Russian opponents of the draft constitution, who at all costs sought to criticize the institution of the president in the Constitution of the Russian Federation, comparing it with American or French models.

The experts quite accurately understood the features of the institution of the President of the Russian Federation, which is assigned a leading role in the sphere of high politics in accordance with its status as the guarantor of the constitution, human and civil rights and freedoms. The main function of the head of state is to protect the sovereignty of the Russian Federation, its independence and state integrity, to ensure the coordinated functioning and interaction of state authorities. These functions determine the "neutral power" of the president, acting as a political arbiter, who does not interfere in the sphere of judicial power. The novelty of the constitution, according to experts, lies in an attempt to find the optimal ratio of presidential and parliamentary forms of government, which reveals both positive and negative sides relationship between the president, government and parliament.

Experts unanimously noted that the constitution enshrines the principles typical of a democratic constitution for the organization and functioning of the Federal Assembly as the parliament exercising legislative power in the Russian Federation.

Experts paid exceptional attention to the judiciary due to its role in ensuring the principle of separation of powers, giving federalism more balance and viability. The experts especially took revenge on the novelty of the provisions on the Constitutional Court of the Russian Federation, on guarantees of its independence, on powers, including the right to interpret the Constitution of the Russian Federation.

At the same time, experts expressed critical comments and proposals on all sections of the Constitution of the Russian Federation, sometimes detailed and justified, posed problematic issues that could be faced in the future and the resolution of which should be worked on now. At the same time, they have repeatedly emphasized that the real meaning of the constitutional provisions will crystallize in the course of their application, their implementation. At the same time, the Venice Commission gave special meaning the role that the Constitutional Court of the Russian Federation should take on in ensuring the rights and freedoms of man and citizen, in the functioning and strengthening of democracy and the rule of law.

The expert and advisory assistance of the Council of Europe Commission for Democracy through Law was helpful in finalizing the draft constitution.

Legitimacy of the constitution cannot be reduced only to a formal moment - the legal procedure for its adoption, i.e., provided for by the previously existing constitution (although this moment is of serious importance). The main thing in the legitimacy of the constitution is how fully and realistically it embodies the will of the people, expresses their interests, how much society accepts and supports it.

The Constitution of the Russian Federation of 1993 legally formalized the transition from Soviet totalitarianism to a new social system and a new constitutional order and, establishing a democratic legal state, in Art. 3 established the following rules:

• the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people;
• the people exercise their power directly, as well as through state authorities and local self-government bodies;
• the highest direct expression of the power of the people is the referendum and free elections;
• no one can appropriate power in the Russian Federation; the seizure of power or the appropriation of power is punishable under federal law.

The Constitution of the Russian Federation of 1993 was an expression of a well-known social compromise in a divided society, a turning point on the path to civil society and the rule of law, marking the beginning of the transition from nominal to real constitutionalism. Its goals and ideas have become decisive for the political forces advocating renewal and qualitative modernization of society.

Given the socio-political situation in the country that preceded the adoption of the Constitution of the Russian Federation, it was impossible to count on its universal recognition. The attention of politicians and scientists was focused on its shortcomings, gaps and contradictions, on proposals for its significant adjustment, and even on a complete revision.

Nevertheless, the process of implementation and formation of the Constitution showed that it has become the foundation and tool for reconciling the main political forces, establishing a certain balance between the branches of public power, which ensures the peaceful development of civil society and the state system, a radical modernization of social relations, a progressive movement in achieving the goals proclaimed the Constitution of the Russian Federation. She has become a character rational legitimacy.

The political opposition took part in the elections of new public authorities and thus recognized the Constitution. Strengthening the foundations of the legitimacy of the Constitution, along with the goals and principles market economy, democracy, human rights and freedoms, real federalism and local self-government also serve such goals and ideas as national revival, the creation of a single and strong state, the education of patriotism, the establishment of a regime of constitutionality and legality in society and the state.

The Constitution of the Russian Federation was the basis for establishing political harmony in society, stability and a dynamic process of economic development and democratic government. It will create conditions for further consolidation of society, for the constitutionalization of economic, social, spiritual and state-legal development.

The experience of constitutional development since 1993 convinces of the fruitfulness of the progressive improvement of the constitutional institutions of the president, parliamentarism, independent justice, strengthening the social role of the state, pursuing a constitutional policy of respect for man, his rights and freedoms as the highest value, creating real federalism and local self-government, in the possibility realize the full democratic and legal potential of the current Constitution.

The legitimacy of a constitution is an immediate condition for its reality and stability.

The reality of the constitution is ensured by the fact that its prescriptions are enforceable, guaranteed and implemented in conditions of democracy and the rule of law. Unlike a fictitious real constitution, it guarantees genuine democracy, the rights and freedoms of man and citizen, real federalism and local self-government.

Constitutional stability manifests itself in the inviolability of its prescriptions, in maintaining a high degree of stability and resistance to the influence of political forces that change in power, in its steady implementation. The public compromise embodied in the constitution serves as a guarantee of the stability of the functioning of civil society, the state system, and the constitutional order.

The reality and stability of the constitution are objectively predetermined by its universalism, universality, i.e. high level abstract mediation of social relations, typological expression of its legal content. It is this quality of the constitution as a normative legal act and those of its institutions that it establishes and regulates that allows, through the use of specific constitutional and legal means and mechanisms, to ensure the development of various social relations and, on this basis, to improve all elements of the legal system. By virtue of universalism and universality, the constitution affects the subject of all national law. In other words, the constitution, in addition to its own regulation of social relations, has a meaningful effect on all branches of national law, on all sectoral (current) legislation, on judicial and other law enforcement practice.

RF. The current version was adopted in 1993. This article provides a brief historical background.

The history of the adoption of the Constitution of the Russian Federation

The fundamental law of the Russian Federation was adopted in 1993 year in a popular vote.

Russia proclaimed its independence, like other union republics, after the collapse of the USSR (" Declaration on State Sovereignty of the RSFSR" June 12, 1990). The Declaration fixed a new name - the Russian Federation and stated the need to adopt a new Constitution of Russia.

In 1993, the President of the Russian Federation convened Constitutional meeting to draft a new constitution. Representatives of political parties and movements, scientists, representatives of the subjects of the Russian Federation, people's deputies of Russia, etc. took part in the work of the Constitutional Conference. The referendum on the adoption of a new Constitution was held on December 12, 1993, simultaneously with the elections of the main legislative body of Russia - the Federal Assembly.

Since 1994, by decrees of the President of Russia ("On the Day of the Constitution of the Russian Federation" and "On non-working day December 12") day December 12 was declared a public holiday. On December 24, 2004, the State Duma adopted amendments to the Labor Code of the Russian Federation, changing the holiday calendar in Russia. Since 2005, December 12 is no longer a day off in Russia, and Constitution Day is ranked among the memorable dates in Russia.

Brief results of the adoption of the Constitution of the Russian Federation in 1993

The Constitution of the Russian Federation of 1993 was adopted during a difficult transitional period and became one of the most important factors in the stabilization of the new state and economic structures. This is a really functioning Constitution, in contrast to the socialist constitutions, which only covered the unlimited power of the ruling party - the CPSU.

The 1993 Constitution significantly changed the structure of the highest bodies of state power, it consistently pursues the principle of separation of powers, and took a serious step towards improving the federal structure of Russia. The Constitution emphasizes its importance as the main source of law, its direct effect, especially the norms on the rights and freedoms of a citizen, which determine the meaning, content and application of laws, the activities of the legislative and executive authorities. The Constitution does not prescribe, as it was before, a pre-established unified economic system based on state ownership, it equally protects all forms of ownership, ensuring the freedom of development of civil society.

However, in the mid-2000s, voices began to be heard more and more often in support of changes to the country's Basic Law. Sergei Mironov made a proposal to amend the Constitution in order to increase the presidential term from the current four to five or seven years after his re-election as Chairman of the Federation Council. He also proposed increasing the number of consecutive presidential terms from two to three. The leader of the Liberal Democratic Party, Vice Speaker of the State Duma Vladimir Zhirinovsky proposed holding a nationwide referendum on amending the Constitution in terms of increasing the term of office of the President of the Russian Federation to seven years.

The procedure for amending the Constitution of the Russian Federation

Questions revision of the Constitution and amendments to it are considered in chapter 9 of section one of the Constitution of the Russian Federation. These issues are also regulated in the Federal Law of February 6, 1998 "On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation."

The procedure for revising the Constitution of the Russian Federation begins with the submission by the subject of the constitutional legislative initiative of a proposal to revise the Constitution to the State Duma (such entities are the President of the Russian Federation, the Federation Council, the State Duma, the Government, the legislative (representative) bodies of the constituent entities of the Russian Federation, a group of at least one fifth members of the Federation Council or deputies of the State Duma).

If this proposal is accepted by the State Duma (at least three-fifths of the votes are required), then it is sent to the Federation Council within five days (which must also approve it with three-fifths of the votes). After that, the Constitutional Assembly should be convened - a special constituent body, the procedure for the formation and activities of which should be prescribed in a special Federal constitutional law.

According to RIA.ru

The Constitution of the Russian Federation was adopted by popular vote on December 12, 1993. It consists of a preamble (the values ​​that occupy a leading position in the entire hierarchy of public values, and the goals pursued by the Constitution) and two sections, the first of which includes 9 chapters (137 articles). The second section fixes the final and transitional provisions (9 parts). The provisions of Chapter 1 of the Constitution constitute the foundations of the constitutional order of the Russian Federation. No other provisions of the Constitution may contradict the foundations of the constitutional order of the Russian Federation.

The Russian Federation (Russia; the names are equivalent) is a democratic federal legal state with a republican form of government.

The Constitution of the Russian Federation gives an important place to a person, his rights and freedoms, which are the highest value. The obligation of the state to recognize, observe and protect the rights and freedoms of man and citizen is enshrined in Article 2. Chapter 2 of the Constitution is devoted to the rights and freedoms of man and citizen (civil (personal), political, social, economic, cultural, environmental).

The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people. He exercises his power directly (referendum, free elections), as well as through state authorities and local self-government bodies. The sovereignty of the Russian Federation extends to all its territory. The Constitution and federal laws have supremacy throughout the territory of the Russian Federation.

The Russian Federation consists of republics, territories, regions, cities of federal significance (Moscow, St. Petersburg), an autonomous region, autonomous regions - equal subjects of the Russian Federation. The provisions on the federal structure of the Russian Federation are enshrined in Chapter 3 of the Constitution (the composition of the Russian Federation, the territory of the Russian Federation, the monetary unit, state language, flag, coat of arms and anthem, subjects of jurisdiction of the Russian Federation, its subjects, joint jurisdiction, etc.).

The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. The Russian Federation guarantees the unity of the economic space, the free movement of goods, services and financial resources, the support of competition, and the freedom of economic activity. The Russian Federation recognizes and protects equally private, state, municipal and other forms of ownership (including land and other Natural resources).

The principle of separation of powers into legislative, executive and judicial is fixed. The bodies of each of the branches of government are independent. State power in the Russian Federation is exercised by the President of the Russian Federation (Chapter 4), the Federal Assembly (the Federation Council and the State Duma) (Chapter 5), the Government of the Russian Federation (Chapter 6) and the courts of the Russian Federation (7). Within the framework of the relevant chapters, issues of the formation of government bodies, the election of persons to relevant positions and the release of persons from relevant positions, their powers, etc. are considered. State power in the constituent entities of the Russian Federation is exercised by the bodies of state power formed by them.

The Russian Federation recognizes and guarantees local self-government, which ensures the independent solution of local issues by the population, possession, use and disposal of municipal property (Chapter 8). LSG independently within its powers. LSG bodies are not included in the system of state authorities.

The Russian Federation recognizes ideological and political diversity, a multi-party system. No ideology can be established as a state or mandatory. Public associations are equal before the law. The Russian Federation is a secular state. No religion can be established as a state or obligatory one.

The Constitution has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution. State authorities, local self-government bodies, officials, citizens and their associations are required to comply with the Constitution and laws.

Laws are subject to official publication. Unpublished laws do not apply. Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information. If an international treaty of the Russian Federation establishes rules other than those stipulated by law, then the rules of the international treaty shall apply.

Chapter 9 of the Constitution enshrines the rules for amendment and revision of its provisions.

The Constitution of the Russian Federation comes into force from the day of its official publication based on the results of a popular vote.

The main stages of the constitutional development of Russia. Character traits and features of the Constitution of the Russian Federation of 1993.

The Constitution of the Russian Federation: features, properties, functions. The specificity of the 1993 Constitution is due to the fact that it provides new stage in the constitutional development of our country. The Russian Federation had several constitutions. First of which was adopted in 1918. It legislated the results of the Great October Socialist Revolution. In the sphere of state building, the state of the dictatorship of the proletariat was established. Only the working classes were endowed with rights and freedoms, while the rest of the population was deprived of these rights.

Then after the formation in 1922 Soviet Union The constitutions of the RSFSR only repeated the provisions of the union constitutions. Yes, they were accepted Constitution of the RSFSR 1925, 1937 and 1987. Despite the proclamation in these constitutions of the RSFSR as a sovereign state, in practice Russia did not have full sovereignty. In building the system of state power and administration, the constitutions of the RSFSR proceeded from principles. Opposite to generally accepted principles of the rule of law: the rule of human rights. Separation of powers, parliamentarism. Instead, the principles of class were proclaimed in the representation of the rights and sovereignty of the Soviets. However, in practice, power was closely linked to the politics of the Bolshevik Party.

The Constitution of the Russian Federation of 1993 - The fundamental law of the sovereign Russian state, adopted at a national referendum on December 12, 1993. It absorbed the main achievements of the first legal science. However, being adopted in the conditions of a tough political confrontation between the legislative and executive powers, it is not without flaws and will probably need to be amended and supplemented in the future. One of the features of the 1993 Constitution of the Russian Federation is its humanistic orientation. The rights and freedoms of man and citizen are enshrined in it as the highest value. Their recognition, observance and protection - main duty states. In addition, the 1993 Constitution of the Russian Federation established a mixed form of government - presidential - parliamentary with a noticeable emphasis on power in the direction of the executive branch: the president, the prime minister and the government.

The Constitution of the Russian Federation performs a number of functions:

1) Political The function of the Constitution is that it determines the rules of political struggle and provides political forces with equal conditions in the struggle for state power. The state does not interfere in the affairs of civil society and its organizations: political parties, public organizations, associations;

2) Legal function is expressed in the fact that, acting as the core of the legal system, the Constitution establishes general legal principles that are the starting point for various industries rights. Having the highest legal force, the Constitution ensures proper legal regulation public relations through a system of interrelated and internally non-contradictory acts of the state;

3) humanistic The function of the Constitution is determined by the fact that it reflects universally recognized norms and universal values, and enshrines human rights and freedoms. The state is entrusted with the obligation to ensure decent living conditions for a person.

As a fundamental law, the 1993 Constitution has legal features that distinguish it from other legal acts:

The Constitution has legal supremacy, it has the highest legal force in comparison with other normative legal acts that should not contradict it;

· Fixing the fundamental principles of the organization of the state and society, as well as the legal status of the individual, the Constitution is the basis of current legislation; only concretizes the basic principles enshrined in the Constitution;

· The Constitution is distinguished by the direct effect of its norms, which do not require any additional legislative clarification or addition;

The constitution is characterized by a special procedure for adoption and amendment. It was adopted in a referendum. In the usual manner, changes can be made to Ch. 3-8. At least 2/3 of the total number of deputies of both chambers of the Federal Assembly must vote for them. The proposal to revise Chapters 1,2,9 must be supported by 3/5 of the total number of members of the Federation Council and deputies of the State Duma. Then the Constitutional Assembly is convened, which decides whether to change the Constitution or not.

Structure of the Constitution of the Russian Federation of 1993.

The Constitution of the Russian Federation consists of a preamble, two sections, 9 chapters, 137 articles. The content of the preamble to the Constitution has no legal character. It expresses intentions about the goals of the adoption of the Constitution. Among them, one should note the commitment to democracy, human rights, and the revival of Russian statehood.

The most significant is the first chapter, which fixes the foundations of the constitutional system.

Chapter 1. Fundamentals of the constitutional order