Legal Dictionary: Constitutional Foundations of Democracy. Constitutional foundations of democracy (people's sovereignty) in the Russian Federation Essence and constitutional foundations of democracy

Introduction

The problem of power is the main problem of the entire history of mankind, especially its political history. Without power, no community of people can exist and develop normally. However, the content of power as a complex social phenomenon depends on who, how and in whose interests it is exercised in a given society. In this regard, there is the problem of participation in the implementation political power people, or its majority.

The first forms and procedures for involving people in the discussion and resolution of community affairs emerge even in the conditions of primitive (tribal) and military democracy. The ideas and practice of democracy were then based on communal property and the general arming of free people.

During further development socio-political views on society and the state, the emergence of concepts of individual freedom, ideas of equality and participation of all citizens in the affairs of society and the state, it is recognized that the best form of leadership in society should be democracy. The immediate prerequisites for democracy appeared with the onset of the era of revival and development of capitalism. At the same time, the ruling part of society becomes wary about the fact that the political involvement of the people in public life and, above all, their participation in public affairs may threaten the interests of this part of society. At the same time, the complete removal of the people from public affairs in the conditions of developing democracy could cause the danger of social instability. Under these conditions, the idea of ​​people's participation in the management of the affairs of society and the state through elected representatives is born, i.e. democracy is limited by the system representative bodies.

In the course of the further development of state and legal thought, it was recognized that the most important prerequisite for the implementation and development of a democratic society is the active participation of citizens in its affairs in the existing two forms of democracy - direct and representative. All civilized countries of the world have recognized and are implementing these democratic ideas and principles of state and public life... The 1993 Constitution of the Russian Federation consolidated democracy as the basis of the political life of the Russian Federation.

1. The concept of democracy, the mechanism for the implementation of the sovereignty of the people

Power- this is an attitude of domination of subordination, in which the will and actions of some persons (those in power) dominate the will and actions of others (those in control). The main feature of power is the ability of some people, groups of individuals, collectives to dominate other people, over their will and actions, the ability of those in power to command and compel those who are subject to follow their will. Another aspect of the concept of power is also important. It contains an indication of the strong-willed nature of power. Power is a manifestation of the will for purposeful actions to direct or control someone and something.

There are the following types of power:

natural power, i.e. power is not "imposed", but arisen due to natural ties between people - in the family, in small communities, or formed according to interests;

corporate power, "imposed" as if from above. Such power arises and exists in public associations, in parties; a special apparatus is not created for its implementation;

political, state power, i.e. power exercised through a specially created apparatus of power, through the institutions of organized, state coercion.

All these types of power are public (public) power (public - from the Latin. "Public" ie "for everyone", "for society").

A special place among all types of power is occupied by the power of the entire people or the overwhelming part of it - democracy. Democracy (from the Greek. Democracy demos - people and kratos - power) means the recognition of the people as a source of power.

The concept of people is a social and political category. This is the population of the country, the inhabitants of a given state, constituting the social community of a given state. From a legal point of view, "people" is identified with the concept of "citizens", i.e. the whole set of citizens participating in the management of the affairs of society and the state and constituting their political community.

Democracy is characterized by the common will of the entire people, and therefore independent, i.e. sovereign will. And so we have the right to talk about people's sovereignty. People's sovereignty is given a central place not only in the home, but also in the world. legal science.

Functional properties of power.Earlier it was mentioned that power is the right and the ability to lead or control someone or something, and in developed democratic societies to ensure the self-organization of society and its development.

But the right and the ability to dispose or govern is not an abstract category. Such a right and opportunity always acts as elements of leadership, which is required by every human community, every community or collective of people, i.e. such associations of people, which are social structures characterized by stable ties between people. Thus, we are talking about a certain form of leadership of society as a whole or its social parts.

Not a single human society as a whole, like any collective, its cell can do without leadership, without coordinating the activities of individual members of this society or collective. The meaning of leadership consists in this coordination, in coordinating the behavior of some members of society with the actions of others, and each of them with the interests of all, or those who dominate. Ultimately, the leadership is aimed at ensuring the purposeful activity of all members of society, this collective, which corresponds to the will and interests of those in power.

The manual takes various forms:

a) it can be expressed in the ideological, political and moral influence of some people or social groups on the behavior of other people and groups and may not have certain organizational forms and the establishment of relations of subordination in society;

b) in most cases, leadership involves the subordination of the will and interests of individual members of the team to the will and interests of the entire team as a whole or its dominant part. In this case, leadership acts in the form of power when individual members of society are subordinated to the will of the entire collective or to the will of that part of society to which all power belongs.

Power is a social phenomenon, it arises with the emergence of human society, exists in it and for it, since no society, no collective can do without leadership, including a strong-willed one based on coercion. This means that any society requires powerful leadership, when the will and interests of individuals, of one or another part of society are subject to the rules and order that are established in it.

Power is a function of every organized community of people, of every social structure. But each society is characterized by its own inherent power. The choice of this or that form of power is determined by the socio-economic characteristics of society, the degree of development of its institutions, i.e. the level of his civilization.

Societyis a community of people in a certain territory, characterized by economic and spiritual unity, the integrity of the organization of life. Society has been developing steadily historically. Taking this into account, there may be societies in which the necessary unity and organization are achieved mainly due to self-organization, internal, economic, spiritual factors, and power is of a secondary nature - such are democratic societies (states).

However, there are societies in which the necessary unity and organization are achieved mainly as a result of the use of a constantly acting force - authoritarian power. These are non-democratic societies.

In legal science, three main forms (types) of public (public) power are considered:

Public power in the full, exact sense, as purely public power, coinciding with society, belonging to the entire society, exercised by society itself (directly or through the bodies formed by it) in the interests of all members of society, without creating any special apparatus for exercising this power and standing over society, based on the "power of authority", on persuasion and social coercion. This form of public authority is public self-government. Such power was characteristic of societies at an early stage of their development, before the emergence of the state.

Special public power is political power that does not belong to the whole of society, but to one or several political groups - the class (classes) that dominate the society, power alienated from society and becoming over it, requiring for its implementation a specially created professional apparatus of power and based on specific means of state coercion.

Power of the whole people (democracy). In such a society, objectively, all the fullness and the entire volume of power in the economic, political, social, and spiritual spheres belongs to the people and only to them. Such power is constituted by the sovereign will of the people, as a rule, in the course of a referendum and acquires a political and legal character. The people themselves determine the organizational and legal forms of exercising their power, as well as the bodies exercising power on their behalf.

The concept of "government by the people" fully correlates with the concept of " popular sovereignty", Because the people's" sovereignty "is the complete, unlimited power of the people, covering all spheres of the life of society. Such power does not depend on the influence of any political parties or groups within the country.

As you remember from the previous lecture, in legal science such concepts as "state sovereignty" and "national sovereignty" are used. Sovereignty (from the French. Supreme power) is the supremacy of state power within the country and its independence in the foreign policy sphere.

National sovereignty- the sovereignty of the nation, its political freedom, the possession of a real opportunity to determine the nature of its national life, including the ability of political self-determination.

It is only in democratic states that all varieties of sovereignty find expression and mutually combine at the same time. By its content, democracy is a complex socio-political and legal phenomenon modern life. It has its own factual, legal and procedural aspect. The Constitution of the Russian Federation establishes the belonging of power to the multinational people of Russia, i.e. democracy, its actual content, legal properties and forms of exercising power.

The actual content of democracy is made up of such properties as the unity of the power of the people, the supremacy of power, the fullness of power, its unlimited and inalienable nature.

The unity of power means that the single source of power in society is the sovereign people as the totality of all citizens of the state. The unity of power is based on the common sovereign will of the people, agreed political and public interests.

The supremacy of the people's power is expressed in the fact that the people, through the establishment of the basic law, determine the foundations constitutional relations... Legally, the supremacy of the power of the people is objectified in the rule of law over others legal acts.

The fullness of the power of the people means that the people, directly or through representative bodies, exercise the entire volume of power belonging to them.

The unlimited power of the people lies in the fact that the will of the people covers all spheres of public life without exception.

The inalienability of power means that the people do not transfer their sovereign will and the right to govern public and state affairs... He implements them himself in various forms, no part of society, no organizations and individuals can arbitrarily appropriate exclusive power in the state. The usurpation of power belonging to the people is a crime. From this point of view, the activities of the bodies of state power, to which the people transfer not sovereign power, but only the right on their behalf for a certain time to use the powers of power within the Constitution and laws, is an activity completely controlled by the people.

The legal property of democracy is the right of the people:

· on a freely chosen economic basis of their existence;

· the right to property, and the right to freedom of economic activity. (Constitution of the Russian Federation, Articles 8, 9);

· - participation in political life, management of society and state affairs, freedom of ideological and political position (Constitution of the Russian Federation, Art. 13);

· - the use of the achievements of spiritual life and freedom of creativity (Constitution of the Russian Federation, parts 1, 2, article 44).

The procedural content of democracy is manifested in the right of the people to exercise their power directly through the institutions of direct democracy, or through their representatives in government bodies and local government, which is discussed in detail in the next question of the lecture.

Mechanism for the exercise of government by the people... An integral part of the problem of power in society is the question of the mechanism of its implementation, which directly reflects the nature of power and the existing connection between society and power.

The mechanism of power by the people is a system of various political, legal and public institutions, organizations and institutions imbued with internal unity and mutual dependence, through which the people enforce and defend their will.

In a democratic society, the people exercise their power directly, as well as through a ramified mechanism that unites numerous organizations of citizens. In its structure, the mechanism of democracy reflects what is enshrined in Art. 3 of the Constitution of the Russian Federation, the combination of direct power of the people, state power and local government.

The main institutions of democracy are:institutions of direct democracy (referendum, elections); institutions implementing the mandate of the people to exercise power in the country - the people's representation.

These include: representative (legislative) bodies, which perform an important function of legislative consolidation of the will of the people; institute of the presidency, the president here acts as the head of state, called upon to personify and ensure state integrity, unity and effective functioning of all government agencies; as well as elected bodies of local self-government;

Institutions of Governance - Government and various government departments, agencies and local administrations that represent government. It is important to note here the great role of management institutions, covering the Armed Forces of the country, bodies providing state security and the maintenance of public order;

Control and supervision institutions - prosecutor supervision, control inspections, etc .;

institutions of justice and justice;

institutions of municipal (local) self-government - mayor's offices, prefects, elders, etc.

The mechanism of exercising democracy by the people also includes government, other organizations and institutions not related to production (educational, health care, and others), as well as enterprises directly involved in production activities.

An important role in the implementation of democracy belongs to political parties, public organizations and movements. Citizens, participating in their activities, have the opportunity to actively influence the formation of the foundations of public and state life, to develop recommendations for state authorities on solving specific problems of society.

The mechanism of power by the people also includes the free media, which play an important role in shaping public opinion, making the common property of society the common goals, objectives and principles of its functioning and development.

2. Constitutional forms of exercising the power of the people in the Russian Federation

Power can be exercised in two main forms: directly by those in power; or through their own determined, specially elected authorized representatives. This explains the name of the existing forms of exercising power - direct (direct) power (democracy) and representative power (democracy). Such forms of government exist at two levels - national and local (self-government).

The direct exercise of power by the people means that power not only belongs to them, the entire society or any group of the population, not only is exercised by them, but is also exercised simultaneously by all members of a given society or group. This happens without the help of any organs, even if they are separated from the composition of this society (group), i.e. society itself or a part of it acts as the only body for the exercise of power.

The representative form of the exercise of power means the implementation of the will of the people through collegial bodies or individuals acting as representatives of a given people or part of it and making decisions on its behalf. At the same time, representation can also be direct, direct, when the relevant body is elected by the society itself or by its part, or indirect, when the corresponding body is elected not by the society itself, but by the body elected by it (this is how people's deputies were elected in our country in 1989 - from public organizations ).

Depending on how fully and accurately representations express the will and interests of those represented, it can be genuine (real) and imaginary (fictitious).

The direct and representative form of the exercise of power is also seen as certain forms of democracy. An efficient, functioning, developing society is the result of a harmonious combination of direct and representative democracy, genuine democracy.

Closely related to the concept of real democracy is the problem of citizens' participation in the exercise of power. The Constitution of the Russian Federation provided citizens with broad political rights and freedoms, created a democratic regime for the exercise of power, the opportunity to really use the granted rights and freedoms. At the same time, in our society, at times, there is an alienation of some citizens from participation in referendums, elections and a transition to resolving issues of social and political life through rallies, demonstrations and strikes.

Institutions of direct democracy (forms of direct democracy). Article 3 of the Constitution states that the highest expression of the power of the people is a referendum and free elections. Russian legislation also names other types of direct expression of the will of citizens. The following institutions of direct democracy can be listed:

referendums (all-Russian, republican, other subjects of the Russian Federation and local);

free elections of people's representatives (President of the Russian Federation, deputies of the State Duma Federal Assembly, presidents, heads of government and administrations, as well as deputies of representative bodies of the subjects of the federation and people's representatives of local self-government);

discussion by citizens at the federal, regional or local level is the most important issues state and public life (consultative referendum);

general meetings of citizens at the place of residence or at the place of work (gatherings, conferences, etc.);

participation of citizens in the management of their enterprises, all forms of production activity;

control of citizens and their associations over the activities of state and local government bodies, deputies and officials of the state apparatus;

activities of individual groups of citizens united in parties, public organizations, mass popular movements and various forms social activities(councils, committees, etc.)

Citizens can directly express their position and activity through rallies, street marches, demonstrations, picketing, etc. These forms of expression of public sentiments and demands also influence the definition and implementation of the state's domestic and foreign policy.

Consider some of the institutions of direct democracy:

Referendumas the highest form of direct expression of the will of citizens, it is an act of approval of state-power decisions through a nationwide vote. The Constitution of the Russian Federation (Article 84) provides for the adoption of a federal constitutional law on a referendum. The procedure for organizing and conducting referendums is determined by the Federal Constitutional Law of October 10, 1995 On the Referendum of the Russian Federation and the Federal Law of the Russian Federation of June 12, 2002 On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.

Article 1 of the LawOn the referendum of the Russian Federation determines that the Referendum of the Russian Federation is a nationwide vote of the citizens of the Russian Federation on bills, applicable laws and other issues of national importance. The referendum of the Russian Federation, along with free elections, is the highest direct expression of the power of the people.

From the meaning of the legislation on referendum, it is possible to determine types of referendum:power or legislative referendum and consultative referendum - conducted by popular vote in the form of a poll of the population in order to clarify public opinion.

D. y. n. Malko A.V. defines such types: constitutional and ordinary. Issues related to the adoption of a new constitution or amendments to it are submitted to a constitutional referendum. An ordinary or legislative referendum decides whether to adopt an ordinary law or to amend a law previously approved by a referendum.

According to the time of the referendum - before or after the adoption of the law - a distinction is made between preventive (pre-legislative) and approving (post-legislative) referendums.

In addition, referendums can be mandatory or optional. Issues directly specified in the Constitution are submitted to a mandatory referendum, since they cannot be resolved otherwise than through a referendum. An optional referendum resolves issues that are not required for public discussion. Such a referendum is initiated by either government agencies or voters.

On a territorial basis, referendums are subdivided into a referendum of the Russian Federation, a referendum of a constituent entity of the Russian Federation and a local referendum.

The referendum of the Russian Federation is held throughout the territory of the Russian Federation on the basis of universal, equal and direct expression of the will with secret ballot... Each participant in the referendum of the Russian Federation has one vote. A citizen of the Russian Federation shall vote in a referendum of the Russian Federation in person. Participation in the referendum of the Russian Federation is free, control over the expression of the will of a citizen is not allowed. In the course of a referendum in the Russian Federation, no one can be forced to express their opinions and beliefs or to renounce them.

Issues related to the preparation and conduct of a referendum in the Russian Federation shall be considered by election commissions, commissions for the conduct of a referendum of the Russian Federation, state authorities and local self-government bodies openly and publicly.

Referendum (All-Russian referendum)- this is a nationwide vote on the most important issues of the state and public life of the republic, decisions adopted by an all-Russian referendum have the highest legal force, do not need any approval and are binding on the entire territory of the Russian Federation.

Article 2 defines the right to participate in a referendumRussian Federation. Every citizen of the Russian Federation who has reached the age of 18 on the day of the referendum has the right to participate. A citizen of the Russian Federation who lives or is outside the territory of the Russian Federation during the preparation and holding of the referendum of the Russian Federation has full rights to participate in the referendum.

A citizen of the Russian Federation has no right to participate in a referendum of the Russian Federation, adjudicated incapacitated or held in places of deprivation of liberty by a court verdict.

Article 3 defines the questions of the referendumRussian Federation. The issue of adopting a new Constitution of the Russian Federation shall be submitted to a referendum of the Russian Federation without fail if the Constitutional Assembly decides to submit a draft of the new Constitution of the Russian Federation to a popular vote.

Along with this, the law stipulates that the following questions cannot be submitted to the referendum of the Russian Federation:

1) changes in the status of the constituent entities of the Russian Federation;

) early termination or the extension of the term of office of the President of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation, as well as the holding of early elections of the President of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation or the early formation of the Federation Council of the Federal Assembly of the Russian Federation, or the postponement of such elections (formation );

) adoption and amendment of the federal budget, execution and amendment of the internal financial obligations of the state;

) the introduction, amendment and abolition of federal taxes and fees, as well as exemption from their payment;

) adoption of emergency and urgent measures to ensure the health and safety of the population;

) amnesty and pardon.

Questions submitted to the referendum of the Russian Federation should not limit or cancel universally recognized rights and freedom of man and citizen and constitutional guarantees their implementation.

Article 4 provides for circumstances precluding the holding of a referendum in the Russian Federation.A referendum of the Russian Federation shall not be held under martial law or a state of emergency introduced throughout the territory of the Russian Federation, as well as within three months after the cancellation of martial law or a state of emergency.

A repeated referendum of the Russian Federation is not held within a year after the day official publication(promulgation) of the results of the referendum of the Russian Federation with the same content or meaning of the wording of the question.

The right to make a decision to hold a referendum belongs to the President of the Russian Federation (Constitution of the Russian Federation, Art. 84). Referendums in the constituent entities of the Federation and local referendums are held by decision of the relevant representative authorities.

In accordance with Article 8, the initiative to hold a referendum of the Russian Federation belongs:

1) at least two million citizens of the Russian Federation who have the right to participate in the referendum of the Russian Federation, provided that no more than 10 percent of them live on the territory of one constituent entity of the Russian Federation or in aggregate outside the territory of the Russian Federation;

) The Constitutional Assembly in the case provided for by part 3 of Article 135 of the Constitution of the Russian Federation (if the Constitutional Assembly has developed a draft of a new Constitution and submitted it to a popular vote).

Each citizen of the Russian Federation or a group of citizens who have the right to participate in the referendum has the right to initiate the collection of signatures under the requirement to hold a referendum. The collection of signatures is organized and carried out by initiative groups of the referendum, formed from citizens. (at least 100 people) The procedure for the formation of an initiative group, its registration, as well as the procedure for collecting signatures by initiative groups is established by the law on referendum.

The law regulates in detail:

a) preparation for a referendum, including the procedure for the formation and powers of commissions for holding a referendum - central, district, precinct;

b) formation of constituencies and precincts for referendum, types and content of documents for voting;

c) the procedure for holding a referendum;

d) establishing the results of the referendum.

It should be noted that a change or cancellation of a decision adopted by a referendum is made only by a referendum.

The procedure for organizing and holding referenda in the constituent entities of the Federation, as well as local referendums, is determined by legislative and other acts of the constituent entities of the Federation.

The federal law Of the Russian Federation "On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation" in Article 2 defines the basic terms. Let's list them: - campaign materials; campaigning on referendum issues; election campaigning (election campaigning); elections in the Russian Federation; nomination of a candidate; guarantees of electoral rights and the right to participate in a referendum; legal, organizational, informational and other guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation; deputy.

You should dwell on such terms in more detail:

· referendum of the Russian Federation - a vote of citizens of the Russian Federation on the most important issues of state importance, held in accordance with the Constitution of the Russian Federation, the Federal constitutional law"On the referendum of the Russian Federation";

· a referendum of a constituent entity of the Russian Federation - a vote of citizens of the Russian Federation, permanently or predominantly residing in the territory of a constituent entity of the Russian Federation, on important issues of state significance, which is held in accordance with the Constitution of the Russian Federation, federal laws, constitutions, statutes, laws of constituent entities of the Russian Federation;

· local referendum (local referendum) - voting of citizens of the Russian Federation, permanently or predominantly residing within the boundaries of one or several municipalities, on important issues local significance, which is carried out in accordance with the Constitution of the Russian Federation, federal laws, constitutions, charters, laws of the constituent entities of the Russian Federation, as well as the charters of municipalities;

· referendum participant - a citizen of the Russian Federation who has the right to participate in a referendum;

· the right to participate in a referendum - the constitutional right of citizens of the Russian Federation to participate in a referendum of the Russian Federation, a referendum of a constituent entity of the Russian Federation, a local referendum, including voting on draft laws and regulatory legal acts, applicable laws and regulatory legal acts, and other issues of state and local importance , which are, respectively, under the jurisdiction of the Russian Federation, the subject of the Russian Federation, the municipal formation.

Free elections- this is the only and main way of forming the deputy corps of representative bodies of state power and local self-government, as well as officials, including the President of Russia and the presidents of the republics within the Federation.

The act of free elections reveals the connection between the institutions of direct and representative democracy. The election of deputies and other representatives is an act of the people transferring powers to their representatives and this is the legal aspect of elections. The political aspect of the elections is the manifestation of the political will of the citizens participating in them, their participation in resolving issues of state and public life.

The importance of elections as an act of forming state will, direct manifestation of the sovereignty of the people and the legitimization of public authorities determines the special nature of legal regulation elections. The electoral process is regulated by the norms of the Constitution of the Russian Federation, in the constitutions of the republics within the Federation. The procedure for holding elections, the rights and obligations of the subjects of relations at all stages of elections are determined in the Regulations on the election of deputies to representative bodies of state power and local self-government.

The Constitution of the Russian Federation (Article 96) established that the procedure for the formation of the Federation Council and the procedure for the election of deputies to the State Duma are established by federal law.

Control and participation of citizens in the management of state affairs... Citizens have the right to participate in the management of state affairs both directly and through their representatives (Article 32 of the Constitution of the Russian Federation). This right includes several subjective possibilities, which, in turn, can be considered as independent political rights of citizens of the Russian Federation. These include:

1) participation of citizens in the formation of state authorities, expressed in the electoral possibilities of an individual to elect and be elected (citizens of the Russian Federation participate in elections voluntarily, on the basis of universal, equal and direct suffrage by secret ballot - Part 1 of Art. 81 of the Constitution of the Russian Federation);

) implementation of local self-government in accordance with the Federal Law "On general principles organizations of local self-government in the Russian Federation "dated August 28, 1995; and the Federal Law "On the Basics municipal service in the Russian Federation "dated January 8, 1998;

) equal access to state and municipal service, which means equality of initial opportunities for occupying relevant positions and the inadmissibility of discrimination in accordance with the Federal Laws "On the Fundamentals of the Civil Service of the Russian Federation" dated July 31, 1995; "On the General Principles of Organization of Local Self-Government in the Russian Federation" dated August 28, 1995; and "On the basics of municipal service in the Russian Federation" dated January 8, 1998;

The right to participate in the management of public affairs is usually guaranteed by the democratic organization of the entire political system of society, the Constitution and current legislation, and the entire practice of organizing federal forms of government.

The constitutional right of citizens to unite.

The right to association is essential for the exercise of political freedom and ensuring democracy in society. It was reinforced in Art. 30 of the Constitution of the Russian Federation, in the federal laws "On political parties" of July 11, 2001 (as amended on July 25, 2002) "On public associations" of April 14, 1995 and "On trade unions, their rights and guarantees activities ”dated December 8, 1995, which take into account the relevant international standards.

This is what underlies the free formation of parties, a multi-party system, and acts as a form of manifestation of political pluralism.

The constitutional right of citizens to associate includes the following powers:

) citizens can create public associations on a voluntary basis to protect common interests and achieve common goals;

) join existing public associations;

) may refrain from joining them;

) can freely leave public associations.

However, part 5 of Art. 13 of the Constitution of the Russian Federation and Art. 16 of the Federal Law "On Public Associations" establish a ban on the creation and operation of such public associations, the goals and actions of which are aimed at carrying out extremist activities, at forcibly changing the foundations constitutional order and violation of the integrity of the Russian Federation, undermining the security of the state, the creation of armed formations, inciting social, racial, national and religious hatred.

The Law "On Public Associations" provides the following types public associations: political parties, public movements, public funds, public initiative bodies and other public associations, provides for the possibility for specific types of public associations to have additional rights which may be established by the relevant laws. Interference of state authorities in the activities of public associations is not allowed. Public associations are equal before the law (part 4 of article 13 of the Constitution of the Russian Federation).

The creation of a public association does not require the consent of any state body; for this, the decision of the founding citizens themselves, adopted in accordance with the procedure established by law, is sufficient. If a public association wants to get the rights legal entity, it is subject state registration in the justice authorities. Citizens who have reached the age of 18 can be founders, members and participants of public associations. You can become members and participants of youth public associations from the age of 14, and children - from the age of 8.

The liquidation of a public association is carried out only by a court decision in cases strictly defined by law (Articles 26, 44 of the Federal Law "On Public Associations"):

in violation of Art. 16 of the Federal Law "On Public Associations";

in case of guilty violation of the rights and freedoms of citizens by their actions;

in case of repeated or gross violations of the Constitution of the Russian Federation, federal constitutional laws, federal laws or other normative legal acts, or the systematic implementation by a public association of activities that contradict its statutory goals.

Judges can be citizens of the Russian Federation who have reached 25 years of age, have a higher legal education and work experience in legal profession at least five years, endowed in accordance with the law with the authority to administer justice and performing their duties on a professional basis. All judges of the Russian Federation have a single status and differ only in their powers and competence. They are independent, irreplaceable, inviolable.

One of the most important guarantees of the democratic principles of reforming the judiciary in the Russian Federation is the consolidation in legislation of the separate coexistence of “judges of law” (professional lawyers) and “judges of fact” (jury of assessors).

The participation of jurors and assessors in the administration of justice is viewed not only as a right, but also as a civic duty. The responsibility for compiling the lists of jurors is entrusted to the heads of local administrations, and these lists do not include all potential jurors, but only the number that is necessary for the work of the regional, regional court in this calendar year... According to the law in judicial sitting not less than 20 candidates are summoned, and the parties (prosecution and defense) have the right to withdraw without giving reasons, two assessors each.

The legislation of the Russian Federation establishes a number of requirements for citizens participating in the administration of justice as jurors, people's assessors and arbitration assessors. So, in particular, a juror can be a citizen of the Russian Federation who has reached the age of 25, capable, with a positive reputation, and has an active right to vote. Any restrictions on the inclusion of citizens in the lists of assessors depending on social origin, race and nationality, property status, membership in public associations and movements, gender and religion are not allowed,

The presiding judge shall release from the performance of the duties of a juror in a specific case anyone whose objectivity raises reasonable doubts due to the unlawful influence exerted on this person, the presence of a preconceived opinion, his knowledge of the circumstances of the case from non-procedural sources, as well as for other reasons.

Holding public events.

One of the specific forms of citizens' participation in managing the affairs of society and the state, in the manifestation of the social and political activity of a citizen, is his right to hold public events (meetings, rallies and demonstrations, processions and picketing). This right is governed by Art. 31 of the Constitution of the Russian Federation, by the Decree of the President of the Russian Federation of May 25, 1992 "On the procedure for organizing and holding meetings, rallies, street marches, demonstrations and picketing"; By the Decree of the President of the Russian Federation of May 24, 1993 "On Approval of the Temporary Regulations on the Procedure for Notifying Bodies executive power the city of Moscow on holding rallies, street processions, demonstrations and picketing in the streets, squares and other open public places of the city. "

Exercising this right, citizens express a collective opinion on various issues of public and state life, draw the attention of the population, relevant authorities and administrations, public associations to them, make certain demands on them, defend or support any socially significant initiatives. Article 31 of the Constitution of the Russian Federation provides for the following types of public events:

) meeting- joint presence of citizens in a predetermined place and at a predetermined time for collective discussion and solution of any issues;

) rally- a mass gathering of citizens for public expression of attitudes towards the actions of individuals and organizations, events in social and political life;

) demonstration- public expression of socio-political sentiments by a group of people using posters, banners and other visual means of agitation and propaganda during the march;

) procession- organized mass movement of people along the pedestrian or carriageway of the street in order to attract public attention to any problems;

) manifestation - a combination of various types of public events (in the draft law "On Public Events").

) picketing- a visual demonstration by a group of citizens of their moods and views without marching and sound reinforcement by placing the participants near the picketed object and using various means of visual agitation.

The holding of such public events is due to the following factors:

their implementation should not violate the rights and freedoms of others, as well as public order (Article 17 of the Constitution of the Russian Federation);

they must pursue peaceful constitutional goals (demands for a violent change in the foundations of the constitutional order and violation of the integrity of Russia, undermining the security of the state, calls for the creation of armed formations that are not part of the system of the Armed Forces of the Russian Federation, propaganda or agitation inciting social, racial, national or religious hatred and enmity during this event);

they must be carried out without weapons.

There are grounds for prohibiting a public event in the following cases:

) no application was submitted for its holding (spontaneous rally, procession, blocking the work public transport, two demonstrations of opponents on the same territory, etc.);

) if a decision was made to ban it, but the organizers nevertheless began to carry it out;

) when the procedure for its conduct is violated (slogans and banners contain calls that are offensive to the population);

) in the event of a danger to the life and health of citizens.

The existing Russian legislation provides for administrative and criminal liability for violations in this area. Article 20.2. Administrative Code of the Russian FederationViolation of the established procedure for organizing or holding a meeting, meeting, demonstration, procession or picketing

Violation of the established procedure for organizing a meeting, meeting, demonstration, procession or picketing - shall entail the imposition administrative fine for organizers in the amount of ten to twenty times the minimum wage.

Violation of the established procedure for holding a meeting, meeting, demonstration, procession or picketing - shall entail the imposition of an administrative fine on the organizers in the amount of ten to twenty times the minimum wage; for participants - from five to ten times the minimum wage.

Organization or holding of an unauthorized meeting, meeting, demonstration, procession or picketing in the immediate vicinity of the territory of a nuclear installation, radiation source or storage facility for nuclear materials, or radioactive substances, as well as active participation in such actions, if this complicated the performance of the personnel of the specified objects of official duties or created a threat to the safety of the population and the environment, - entails the imposition of an administrative fine in the amount of ten to twenty times the minimum wage or administrative arrest for up to fifteen days ...

Section 149. RF Criminal CodeObstruction of an assembly, meeting, demonstration, procession, picketing or participation in them

Illegal obstruction of the holding of a meeting, meeting, demonstration, procession, picketing or participation in them, or forcing to participate in them, if these acts are committed official using their official position or with the use of violence or with the threat of its use, - shall be punished with a fine in the amount of five hundred to seven hundred times the minimum wage or in the amount of wages or any other income of the convicted person for a period of five to seven months or imprisonment for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.

Representative form of the exercise of power.

According to Part 2 of Art. 3 of the Constitution of the Russian Federation "the people exercise their power ... through government bodies and local government bodies." This formulation expresses the essence of the representation itself and its purpose. Note that there are three important aspects here.

First, the Constitution of the Russian Federation clearly characterizes the essence of representation. The wording "The people exercise their power ... through state authorities and local self-government bodies" means that the people do not transfer their power, but remains the subject of power and exercises it through representative bodies.

Secondly, in this formulation there is an indication that the power of the people is exercised by the representative bodies of state power, which include the President of Russia, the Federal Assembly, as well as the bodies of state power of the constituent entities of the Federation.

Thirdly, the power of the people is exercised not only through the bodies of state power, but also through the representative bodies of local self-government, which is the most important form of self-government of the people. Consequently, an important feature of the representative system of the Russian Federation is that it includes not only representatives - deputies of federal and regional (subjects of the Federation) legislative authorities, but also elected bodies of local self-government. Such a ramified system of representative bodies characterizes the democratic nature of power.

The all-encompassing nature of the representative system lies in the fact that, in addition to the deputies of legislative (representative) bodies of state power and local self-government, it includes other institutions of power that are directly elected by the people - the institution of presidential power, heads of government and administrations of the subjects of the Federation.

The representative nature of the bodies through which the rule of the people is exercised is manifested in the following: these bodies are formed on the basis of universal, equal and direct suffrage; deputies of representative bodies are responsible and accountable to voters, who can recall deputies who have not justified their confidence; representative bodies work under the direct control of citizens and with the wide participation of the latter in their activities (Constitution of the Russian Federation, Art. 32).

Representative bodies that form the basis of the state apparatus form and elect bodies of federal, regional and local executive power, determine the basis for their organization and activities; form federal courts and prosecutors.

Thus, representative democracy is a system of institutions of power, elected by the people directly on the basis of universal, equal, direct elections by secret ballot, through which the people exercise their power.

Based on the foregoing, it is possible to determine what the foundations of democracy are.

The sovereignty of the multinational people of Russia is based, first of all, on the constitutional foundations of the social system of the Russian Federation, on the consolidation of the ownership of all power to the people and every citizen as the political basis of public life (Constitution of the Russian Federation, Art. ...

The economic basis of democracy is a variety of forms of property recognized and protected by the state equally, as well as freedom of economic activity and a variety of organizational and legal forms of production. The consolidation of these most important economic principles in the Constitution of the Russian Federation puts economic and social status all citizens of Russia and provides them with the same rights and opportunities to participate in the management of state and public affairs. (Constitution of the Russian Federation, Art.8,34,35)

The most important condition for the sovereignty of the Russian people is the completeness and reality of the social and political rights and freedoms of citizens necessary for them to actively participate in the exercise of power. These conditions include the right of citizens to associate to protect their interests and freedom of activity of public associations.

Another prerequisite for the exercise of the sovereignty of the people is the equality of all citizens, which provides them with equal opportunities to take part in managing the affairs of society and the state (Constitution of the Russian Federation, Art. 19).

The completeness and reality of social and political rights and freedoms in combination with the equal right of citizens to exercise them is a vivid expression of individual freedom. Personal freedom is an important basis for the sovereignty of the people.

The foundations of the sovereignty of the people, the unity of their state will include the equality of all nations and nationalities of the Russian Federation, which has received legal confirmation in the federal structure of Russia. All of them are constitutionally guaranteed equal and free political, economic and spiritual development. The named foundations of democracy are at the same time guarantees that ensure its reality.

Along with this, there are a number of special guarantees for the sovereignty of the people. These include:

constitutional principles for the activities of public authorities, ensuring an effective combination of direct and representative democracy;

a democratic electoral system that enables citizens to freely choose their representatives to government bodies;

responsibility of representatives of the people to their voters and the right to early recall of deputies who do not ensure the expression of the will of the voters, the will of the people;

the legal status of deputies and other representatives of the people, providing them with the opportunity to express and affirm the will and interests of voters, the will and interests of the entire people;

electiveness and turnover of leading employees of state and public bodies;

the duty of public authorities, local governments, officials, citizens and their associations to comply with the Constitution of the Russian Federation and the Laws, responsibility for their violation (Constitution of the Russian Federation, Art. 15);

the prohibition of the creation and operation of public associations, the goals and actions of which are aimed at forcibly changing the foundations of the constitutional order (Constitution of the Russian Federation, Art. 13).

Conclusion

The concept and content of democracy as a social phenomenon, the main forms of its manifestation and the mechanism of its implementation, considered in the work, are the basis for understanding and studying the entire system of government bodies - both federal and subjects of the federation, as well as local government bodies, the procedure for their formation, legal status all participants in power relations, their competence and principles of activity.

Bibliography

democracy referendum public state

1.Constitution of the Russian Federation. M., 1993, art. 3, 12, 32, 130.

.On the general principles of the organization of local self-government in the Russian Federation. FZ dated October 6, 2003 No. 131-FZ.

.On the referendum of the Russian Federation. FKZ of October 10, 1995 (as amended on September 27, 2002) // SZ RF. 1995. No. 42. Art. 3921.

4.On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation. Federal Law of June 12, 2002 (as amended on September 27, 2002) // SZ RF. No. 24. Art. 2253.

5.Avakyan S.A. Political pluralism and public associations in the Russian Federation: constitutional and legal foundations. M., 2006.

6.Voevodin L.D. The legal status of a person in Russia. M., 2007. Ch. 5.

.Dmitriev Yu.A., Zhuravlev A.L., Komarova V.V., et al. Democracy in Russia - an outline of the history and state of the art/ Ed. Yu.A. Dmitrieva. M., 2007.

.Institute for Human Rights in Russia / Ed. G.N. Komkova. Saratov, 2008. Section II. Ch. 4.

.Kozlova E.I., Kutafin O.E. Constitutional law of Russia. M., 2005, p. 84-87.

10.Constitutional law of the Russian Federation: Album of schemes. Tutorial. A.V. Zinoviev et al. / Under total. ed. V.P. Salnikov. St. Petersburg University of the Ministry of Internal Affairs of Russia. - SPb., 2002.S. 53-72.

A.M. Budaev

IMPLEMENTATION OF THE PRINCIPLE OF POPULATION IN THE RUSSIAN FEDERATION: PROBLEMS OF THEORY AND PRACTICE *

The Constitution of the Russian Federation (Article 3) states that the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people. Each of the two categories "people" and "power" that make up the concept of "government by the people" is a complex phenomenon and requires, according to a number of authors, a special separate study.

From a legal point of view, the concept of "people" is identified with the concept of "citizens" and is defined as belonging to a given set of people associated within a single state1. Power is a social phenomenon, which is a tool for maintaining a certain order in any society and its regulation2. In addition, the concept of "power" can be viewed as domination in the field of organization of social relations and management, ie. a system of subordination, in which the will of some persons (those in power) is imperatively obligatory for other persons (subordinates) 3.

At the same time, many researchers believe that the power of the people is a single category that must be considered from political, legal, and social positions. In particular, A.I. Khoroshiltsev distinguishes two sides of the power of the people in a modern democratic society: external and internal. The inner side of the power of the people is aimed at ensuring its integrity as a system, which allows the people

1 See: E.I. Kozlova, O.E. Kutafin. Constitutional law of the Russian Federation. M., 1996.S. 84-94; D.Yu. Ustinov Democracy and local self-government in Russia. Saratov, 2000.S. 4-17.

2 See: E.A. Pozdnyakov Philosophy of State and Law. M., 1995.S. 159.

3 See: S.S. Alekseev. Philosophy of Law. M., 1997.S. 64-66.

Proceedings of the Institute of State and Law of the Russian Academy of Sciences No. 5/2011

act in relation to other subjects of social interaction on their own and thereby manifest the external side of their power. Within each society, the power of the people is, by its external side, included in the system of social power that functions in a given society4.

According to G.V. Atamanchuk, it is the power of the people that means democracy, which appears in a bundle of these two words. You cannot talk about democracy if the power is alienated, distant or opposed to the mass of people. The defining manifestations of democracy are: first, the representation of the needs, interests, goals and will of the entire people of the country; secondly, the consolidation of these structural elements by means of norms that are mandatory for the behavior and activities of each person; thirdly, ensuring the implementation of established, recognized norms, rules, ideals, values, and other regulators of social activity5.

A large legal dictionary defines democracy as one of the essential elements of democracy in its modern generally accepted understanding. In addition, to a greater extent, democracy is identical with the concept of popular sovereignty6, one of the supporters of which was J.J. Russo. In his opinion, the source of state power is not the will of the ruler, but the will of the people. A similar meaning of the essence of democracy is contained in the Encyclopedia government controlled characterizing democracy as a political ideal, according to which power belongs to the people as

4 See: Democracy and law in the formation of civil society: Materials of an international scientific conference / Comp. A.I. Khoroshiltsev, A.B. Samoilov. Kursk, 2006.S. 51-53.

5 See: G.V. Atamanchuk The theory of public administration. Lecture course. M., 1997.S. 278-281.

6 See: Big Law Dictionary / Ed. AND I. Sukharev. 3rd ed. M., 2010.S. 433.

the main sovereign, realizing his will through democratic institutions and mechanisms7.

We agree with the opinion of Yu.L. Shulzhenko, who defines a democratic state in which, on the one hand, the principle of democracy by the people is implemented in practice, i.e. real power belongs to the people, on the other hand, human rights and freedoms, which are the highest value, are ensured and protected by the state8.

Based on the above characteristics, democracy can be defined as a complex political and legal phenomenon, the fundamental beginning of the implementation of government in a modern democratic state, combining political, legal, social and economic characteristics. Based on modern international standards generalizing the experience of political doctrines, democracy in a modern federal state is implemented through normative consolidation in constitutional acts and is revealed through a complex state-legal mechanism at the regional and local levels.

In connection with this research, the historical and legal aspect of the implementation of the principle of democracy in pre-revolutionary and Soviet Russia is of interest. Yu.L. Shulzhenko and D.Yu. Shulzhenko draws attention to the fact that the scope of rights and obligations in tsarist Russia, including in the sphere of participation in government, was largely determined by belonging to a particular class9. Estates' duties and rights preceded general civil rights. Only with the beginning of state and legal reforms, the second half of the XIX v. a certain circle of rights is created, common for most people, the concept of general civil

7 See: Encyclopedia of Public Administration in Russia: In 4 volumes / Under total. ed. VC. Egorova. T. III. Resp. ed. I.N. Bartsits. M., 2005.S. 211.

8 See: Constitutional Law of Russia: A course of lectures / Otv. ed. Yu.L. Shulzhenko. M., 2007.S. 92.

9 See: Yu.L. Shulzhenko, D.Yu. Shulzhenko. Science of Russian state law of the second half of the 19th century. M., 2010.

right. The point of view of V.V. Sokolsky, noting that for the definition of “the position of a person in society, the concept of estate duty was the dominant moment in Moscow time, and the concept of estate law was a correlator of class duty. In the Imperial period ... estate privilege acquired an independent and predominant significance for the upper classes. These classes are obtained privileged and honorable. The lower classes remain with the same character of taxes and taxes ”10.

The works of representatives of the Russian diaspora are essential for understanding the institutional nature of democracy. Thus, H.A. Berdyaev wrote that “the recognition of the people's will as the supreme principle of social life can only be a worship of a formal, empty principle, only a deification of human arbitrariness. It is not that important what a person wants, but that it is what he wants. I want it to be what I want. This is the ultimate form of democracy, democracy. "" HA Ilyin, denying the possibility of self-sufficing democracy as the only mechanism for organizing government in the state, considered the participation of the people in the affairs of the state admissible. According to the researcher, "the participation of the people in the exercise of supreme power can be an adult citizen has the right to personally participate in the people's assembly; this order is called direct people's rule and is possible only in very small states. In the vast majority of modern states, the people exercise their participation through elected (representatives, deputies), and this order is called people's representation "12.

The Eurasian authors proposed their concept of democracy. Her special value consists in the fact that it contains an analysis of the experience of Russia - the experience of Soviet democracy, and not an abstract scheme of pro-Western democracy, which, as some researchers believe, should acquire a legislative

10 Cit. by: Shulzhenko Yu.L., Shulzhenko D.Yu. Decree. op. S. 156 -157.

11 Berdyaev N. Philosophy of inequality. M., 1990.S. 159.

12 Ilyin I.A. On the education of the national elite. M., 2001.S. 158.

consolidation in our country 13. So, one of the prominent representatives of the Eurasians - H.H. Alekseev - rather negatively assesses the role of political parties in the life of Western states and, in principle, denies the value of a multi-party system as one of the hallmarks of Western democracy: at the "adoption of programs." Party programs are usually built according to the principle: "Who promises more." F3ot on such promises rests the organization of the "supreme body" of modern democracies ... In contrast to all of the above, the Soviet system, in principle, rests on the representation of purely real and professional interests, grouped around the "soviets" as the main units of the republic "14.

These provisions were in many respects only the theoretical foundations of democracy, and the practice of real Soviet construction was different. So, according to the (original) idea of ​​V.I. Lenin's system of Soviets was ultimately supposed to lead to the elimination of the "class" of professional politicians. Theoretically, the power of the people was ensured by the fact that in the future every citizen of the Soviet state would be involved through the multistage system of Soviets in state administration as a real bearer of power relations. This very scheme, according to the researchers, would make it possible to realize Lenin's words about the "cook" who will rule the state. However, the practice of the Soviet Republic turned out to be different. The principle of the proletarian dictatorship very quickly degenerated into the principle of the party oligarchy, power in the state passed into the hands of the party nomenklatura. The one-party regime, which was supported by the Eurasians, discredited the very principle of building the Soviet republic15.

13 See: Russian government of the people: development, current trends and contradictions / Ed. ed. A.A. Ivanchenko. M., 2005.

14 Alekseev N. Russian people and state. M., 2000.S. 351-352.

15 See: Russian Democracy: Development, Modern Trends and Contradictions / Ed. ed. A.A. Ivanchenko. S. 333-334.

The genesis of the content of the principle of democracy, enshrined in the Soviet constitutions, is interesting. So, if in art. 1 of the Declaration of the Rights of the Working and Exploited People, which is part of the Constitution of the RSFSR of 1918, states that “Russia is declared a Republic of Soviets of Workers', Soldiers' and Peasants' Deputies. All power in the center and in the localities belongs to these Soviets ”, then in Art. 2 of the Constitution of the USSR of 1977 and Art. 2 of the Constitution of the RSFSR of 1978 stipulates that “all power in the USSR belongs to the people. The people exercise state power through the Soviets of People's Deputies, which constitute the political basis of the USSR. All other state bodies are controlled and accountable to the Soviets of People's Deputies "and" all power in the RSFSR belongs to the people. The people exercise state power through the Soviets of People's Deputies, which constitute the political basis of the RSFSR. All other state bodies are controlled and accountable to the Councils of People's Deputies ”, respectively16.

State development, the improvement of the socio-economic conditions in the country, although within the framework of the Soviet model of government, required significant changes, new editions of constitutional provisions that consolidate the nature of power in the Soviet Union. Over the course of several decades, at the constitutional level, there has been a transition from the class characteristics of the ownership of power in the state to an understanding of the need for constitutional consolidation of one of the essential principles organization of power in the country - the principle of democracy.

In this regard, in the second half of the XX century. in the scientific community, there are studies devoted to the legal analysis of not only the representative form of democracy, implemented through the system of Soviets, but also the possible implementation of the principle of democracy, built on the optimal combination of representative and direct forms. V.T. Kabyshev, revealing the essence of democracy, noted that “through direct demo

16 Izvestia of the All-Russian Central Executive Committee. 1918. No. 151; Vedomosti of the USSR. 1977. No. 41. Art. 617; Vedomosti of the RSFSR. 1978. No. 15. Art. 407.20

racy, the representative form receives legal authority from the people to exercise state power, that is, it is constituted ”17. Simultaneously important role was assigned to local Soviets as the most close to the population of the authorities, through which citizens participate in the management of state affairs. According to K.F. Sheremet, the peculiarity of the organization of local government in accordance with Soviet legislation is that its bodies act not as representatives of the central authorities appointed by them, but as bodies directly formed local population and being one of the forms of workers' participation in government. This is the best way to ensure a combination of local government activities.

interests of the state as a whole with the interests of the local population-18

Since the 1960s. at the union and republican levels, normative legal acts are adopted, designed to provide constitutional guarantees for the participation of the population in the management of state affairs, both directly and through state authorities. Many of them are of interest in our time, not only scientifically, but also in practical terms. Due to the growing crisis in public administration and the need for significant changes in the country's political system in the late 1980s. the legislative acts in force were substantially supplemented, changed or adopted in a new edition19.

17 Kabyshev V. T. Democracy of Developed Socialism: Constitutional Issues. Saratov, 1979, p. 25.

18 See: Soviet State Law. M., 1985.S. 410.

19 See, for example: Law of the USSR of July 6, 1978 No. 7772-1X "On elections to the Supreme Soviet of the USSR" // Vedomosti USSR. 1978. No. 28. Art. 441; Law of the RSFSR of October 27, 1960 "On the procedure for recalling a deputy of the local Council of People's Deputies of the RSFSR" // Code of laws of the RSFSR. 1988. T. 1.S. 120; Law of the USSR of November 30, 1979 "On people's control in the USSR" // Vedomosti USSR. 1979. No. 49. Art. 840; Law

USSR from June 30, 1987 "On the nationwide discussion of important issues of state life" // Bulletin of the USSR. 1987. No. 26. Art. 387;

An integral element of the implementation of the constitutional principle of democracy was legislative consolidation participation of the population in the management of state affairs in the autonomous formations of the union republics. In particular, according to Art. 12 of the Law of the RSFSR of December 2, 1981 "On the Khakass Autonomous Region" 20 "the activities of the Council of People's Deputies of the Khakass Autonomous Region are based on ... publicity, regular reporting of the executive committee, other bodies created by the Council before the Council and the population, wide involvement of citizens in participation in their work. The Council ... brings the most important issues to the discussion of citizens, ... develops public initiative of the population. The Council and the bodies created by it systematically inform the population about their work and the decisions taken ”. Such normative legal acts regulated relations between state bodies and the population and at the local level. So, in accordance with Art. 81 of the Law of the Bashkir ASSR of December 27, 1968 "On the village, settlement Council of People's Deputies of the Bashkir ASSR" 21 (as amended on August 10, 1978) importance, attracts them to the activities of the Council, manages the work of public initiative bodies of the population. "

Of great importance, in our opinion, at present is the revival and legislative consolidation of such forms of participation of the population in the management of state affairs as people's control and nationwide discussion of important issues of state life.

We believe that many of the functions of people's control provided for by Soviet legislation, in particular, the fight against mismanagement and waste, red tape and bureaucracy, promoting the improvement of work

Law of the USSR of December 27, 1990 No. 1869-1 "On the nationwide voting (referendum of the USSR)" // Vedomosti USSR. 1991. No. 1. Art. ten.

20 Vedomosti RSFSR. 1981. No. 49. Art. 1667.

21 Central State Historical Archives of the Republic of Belarus.

the state apparatus, control over the observance of the legislation by officials when considering proposals, applications, complaints of citizens are not only not outdated, but also remain especially relevant. This gives reason to believe that the organization of such a form of participation of the population in the management of state affairs, the system and procedure of control should be restored and legislatively consolidated.

The need for a nationwide discussion of the most important issues in the life of the country remains relevant. The 1977 Constitution of the USSR provided for in Art. 48 the right of citizens of the USSR to take part in national discussions. Later, this constitutional provision was reflected in the Law of the USSR "On the nationwide discussion of important issues of state life" of 1987, which was aimed at developing self-government of the people, expanding real opportunities for each citizen to exercise the constitutional right to participate in the management of state and public affairs, in the discussion of draft laws and decisions of national and local importance. The principles of public discussion established wide publicity, comparison and consideration of various opinions and proposals.

In the current Constitution of the Russian Federation of 1993 in Art. 32 stipulates that "citizens of the Russian Federation have the right to participate in the management of state affairs both directly and through their representatives." Constitutional provisions are disclosed at the federal level in the Decree of the President of the Russian Federation of February 9, 2011 No. 167 "On public discussion of draft federal constitutional laws and federal laws" 22 and at the local level in Art. 28-30 of the Federal Law of October 6, 2003 No. 131-F3 "On general principles of organizing local self-government in the Russian Federation", providing for such forms of participation of the population in the discussion of important issues of local importance and municipal

22 SZ RF. 2011. No. 7. Art. 939.

23 SZ RF. 2003. No. 40. Art. 3822.

legal acts such as public hearings, meetings of citizens, conferences of citizens (meeting of delegates) 24.

After the adoption of the Constitution in 1993, a nationwide discussion of important issues of social and political life and draft laws actually began only in 2010 with a discussion of the laws "On Police" and "On Education". In this regard, we believe that the procedure for such a discussion should not only be determined by subordinate normative legal acts, but also be provided for by federal law.

An analysis of the legislative consolidation and implementation of the principle of democracy in the USSR and in the Russian Federation allows us to draw the following conclusions.

1. In contrast to the Soviet legislation in the Russian Federation, a single normative legal act governing the procedure of nationwide discussion of important issues of state and public life is currently not adopted, which, in our opinion, is not entirely justified.

2. It was in the Soviet legislation that the institutional nature of democracy was fully realized through the constitutional and legislative consolidation of such categories as "nationwide discussion of important issues of state life", "people's control", "self-government of the people." In the legislation of the Russian Federation, other concepts are used, in our opinion, not fully reflecting the principle of democracy by the people - only “taking into account public opinion” is provided, although according to Art. 3 of the Constitution of the Russian Federation, the only source of power in Russia is

24 According to scientists, a broad nationwide discussion was required when the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" of 2003 was adopted, since local self-government is a constitutionally enshrined and guaranteed form of the people exercising their power. Analysis of publications of that period shows that the main discussions were held only by state authorities and local authorities in the framework of joint meetings. At the time of the adoption of the Law, there was no channel of direct communication between the population and the authorities. For more details see: Yu.B. Zakhvatova. Municipal revolution. M., 2007.24

the Federation is its multinational people, not society.

The modern Russian state interacts with many countries of the world, there is an intensive mutual exchange of political and legal potential. This interaction is based on the provisions of Part 4 of Art. 15 of the Constitution of the Russian Federation, according to which the generally recognized principles and norms of international law are part of the legal system of the Russian Federation.

One of the most important international legal acts, the provisions of which are reflected in the national legislation of many countries, is the Universal Declaration of Human Rights of 1948.25 In Art. 21 of the Declaration provides that “1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives ... 3. The will of the people should be the basis of the power of government; this will must find expression in periodic and unfalsified elections. " In addition, the 1966 International Covenant on Civil and Political Rights 26 in art. 25 establishes that “every citizen must have, without any discrimination referred to in Article 2 and without unreasonable restrictions, the right and the opportunity: a) to take part in the conduct of public affairs, both directly and through freely chosen representatives; (B) to vote and be elected in genuine periodic elections, held on the basis of universal, equal suffrage by secret ballot and ensuring the free expression of the will of the voters; c) be admitted in their country to general conditions equality to public service».

25 Universal Declaration of Human Rights. Adopted by resolution 217 A (111) of the UN General Assembly of December 10, 1948 // International electoral standards. Sat. documents. M., 2004.S. 41-44.

26 International Covenant on Civil and Political Rights. Adopted by resolution 2200 A (XXI) of the UN General Assembly on December 16, 1966 // International electoral standards. Sat. documents. S. 61-72.

Analysis of the legislation of foreign countries makes it possible to establish that the possibility of people's participation in the management of state affairs has a long history. In particular, the Declaration of Independence of the United States of July 4, 1776 proclaimed that “governments, borrowing their just power from the consent of the governed, are established among the people to ensure inalienable rights, which include life, liberty and the pursuit of happiness; if given form government becomes disastrous for this purpose, then the people have the right to change or destroy it and establish a new government based on such principles and with such an organization of power, which, in the opinion of this people, can most of all contribute to its safety and happiness ”27.

In the modern world, there are several concepts of democracy, the provisions of which are reflected in the national legislation of countries: the theory of pluralistic democracy, consensual democracy, plebiscite democracy, consolidated democracy, corporate democracy28. According to V.E. Chirkin, the common features for a modern state positioning itself as a democratic one should be: ensuring the possibility of independent and active participation of citizens in determining state policy; political pluralism; the formation of government bodies through elections; freedom of propaganda of any political ideology within the framework established by law29.

These characteristics are enshrined in the constitutional acts of many countries of the world: “Austria is a democratic republic. Her right comes from the people ”(Article 1 of the Federal Constitutional Law of the Republic of Austria); “State power in Finland belongs to the people,

27 Declaration of Independence of the United States of America dated July 4, 1776 // Constitutions of foreign countries: Collection. M., 2001 S. 181.

28 See: A.A. Mishin Constitutional (state) law of foreign countries. M., 2002; Chirkin V.E. Constitutional law of foreign countries. M., 2007.

29 See: V.E. Chirkin. Decree. op. S. 196-199.

lonely in Eduscunt. The goal of democracy is to ensure everyone the right to participate in social activities and the development of the environment ”(§ 2“ Democratic and legal principles»The Basic Law of Finland); “All state power in Sweden comes from the people. The rule of the Swedish people is based on the free formation of opinions and on universal and equal suffrage. Government is exercised through a state system based on a representative and parliamentary system and through communal self-government ”(§ 1 of the Swedish Constitution) 30.

However, the actual implementation of the constitutional provisions is currently causing numerous discussions. According to S.P. Kubantsev, the electoral rights of US citizens are one of the components of political rights that provide citizens with the opportunity to participate not only in the formation of elected bodies of state and local self-government, but also in direct democracy procedures, such as a popular initiative, a referendum, and the recall of persons in elected office31.

At the same time, as I.A. Gaevsky, “the election campaigns have turned into expensive political representations that have little to do with the principled political struggle, and even more so with the expression of the people's will. But at the same time they only outwardly look like "absurd" and "grotesque". In fact, the style of conducting pre-election debates, the whole process is thoroughly thought out, purposeful, subordinate to one task - the ideological and political processing of the population. For the same purposes, candidates are not stingy to give voters the most generous promises, many of which they do not intend to implement ”32. In this regard, let us once again recall the position of H.H. Alekseeva, who

30 of the Constitutions of European States: In 3 volumes / Under total. ed. and so will enter, v. L.A. Okunkova. T. 1.M., 2001.S. 26; vol. 3.P. 371, 598.

31 Responsibility for violation of electoral rights of citizens in the legislation of foreign countries. M., 2005.S. 10-11.

32 USA: Constitution and Citizens' Rights / Ed. ed. I.A. Gaevsky. M., 1987.S. 69.

at the beginning of the XX century, criticizing the institutions of Western democracy, he defined the multiparty system by one sign: "who promises more."

Of particular interest is the study of the features of constitutional consolidation and the practical implementation of the principle of democracy in sovereign states - former republics THE USSR. Comparative analysis makes it possible to identify the general and specific, characteristic of each country, to determine the status of Russia in the post-Soviet space as a democratic rule-of-law state.

The Constitution of the Republic of Armenia in Art. 2 establishes that “the power in the Republic of Armenia belongs to the people. The people exercise their power through free elections, referendums, as well as through state bodies, local self-government bodies and officials provided for by the Constitution ”; in sg. 3 of the Constitution of the Republic of Belarus stipulates that “the people are the only source of state power and the bearer of sovereignty in the Republic of Belarus. The people exercise their power directly, through representative and other bodies in the forms and limits determined by the Constitution ”; The Constitution of Ukraine in Art. 5 stipulates that “the bearer of sovereignty and the only source of power in Ukraine is the people. The people exercise their power directly and through the bodies of state power and local self-government ”33.

The practical implementation of constitutional provisions, on the one hand, is in many ways similar to the practice of Western democracy, and on the other hand, it has special, its own characteristics. Comparing the political process and, in particular, the influence of political leaders and mass media on the system of democracy in the United States and Ukraine, E. Yatsunskaya comes to the conclusion that she has borrowed such a phenomenon as electoral mythology, which is a system of myths that, being powerful

33 Constitution of the Republic of Armenia dated June 5, 1995; Constitution of the Republic of Belarus of November 24, 1996; The Constitution of Ukraine of June 28, 1996 // Constitutions of European States: In 3 volumes. Vol. 1. P. 262, 298; T. 3.P. 311.28

the most important means of influencing the electorate, assert certain values ​​and norms, and also structure the vision of the collective present and future. According to the researcher, the main task is to develop a mechanism for neutralizing certain socio-political ideas, which will prevent the development of such a phenomenon as manipulative democracy, characteristic feature which is the transformation of the voter into an "information slave" who does not understand and does not see how he is being manipulated, but also considers himself a free and independent person making an informed choice34.

According to S. Zolyan, under the conditions of modern Armenia, communist ideals have ceased to be relevant, but the system of values ​​itself has largely survived and can often be found as a kind of “national democracy”. In Russia, with its great ideological experience, they talk about "conciliar democracy", in Armenia the term "parliamentary democracy" is used more often, but parliament is understood as a certain organ of indivisible power rather than legislative

branch of government.

G. Harutyunyan, studying the experience of the development of young democracies, notes that in the post-Soviet space, through the merger of political, economic and administrative forces, a “corporate democratic system” is formed, which is distorted by its nature, ignores the principle of the rule of law, is based on the shadow economy and the realities of absolutizing power; corporate democracy, according to the researcher, is more dangerous than a totalitarian system, since it deforms and distorts democratic values ​​that are losing their

34 For more details see: Yatsunskaya E. Myths of Election Campaigns: Comparative Analysis presidential elections in the USA and Ukraine // Comparative Constitutional Review. 2007. No. 3 (60). S. 56 66.

35 See: S. Zolyan. Western Democracy Institutions and Armenian Realities // Comparative Constitutional Review. 2007. No. 2 (59). P. 131.

significance, become not only unacceptable for society, but also dangerous36.

Summing up the comparative legal analysis of the constitutional consolidation and practical implementation of the principle of democracy by the people, the following conclusions can be drawn.

1.Russia, like most countries in the world, develops and improves its legal system based on universally recognized principles and norms of international law. The principle of democracy is the essence of the constitutional development of modern democratic states.

2. A distinctive feature of the post-Soviet sovereign states, including Russia, is the definition of the status of the people not only as a source of power, but also as a bearer of sovereignty. In addition, the practical implementation of modern forms of democracy in the post-Soviet space takes into account historical and local traditions.

The Constitution of the Russian Federation of 1993 legally reflected the cardinal changes in the legal, economic and political system of Russian society and state. It consolidated the foundations of the constitutional system, reflecting the values ​​of constitutionalism tested by world experience, among which federalism occupies an important place. It is embodied primarily in the constitutional delimitation of the jurisdictions and powers of the Russian Federation and its constituent entities, a two-tier structure of legislation, which forms a single legal space Russia. The main goal of both the federal and the legislation of the constituent entities of the Russian Federation is the all-round development of constitutional forms of exercising the power of the backgammon. It is important to note that in Art. 3 of the Constitution of the Russian Federation, the multinational people of Russia is established as a source of power.

An analysis of the constitutions and charters of the constituent entities of the Russian Federation makes it possible to single out the following legal constructions that determine the nature of power in the region:

36 See: G. Harutyunyan Threats to corporate democracy // Constitutional Justice: Bulletin of the Conference of Bodies constitutional review countries of young democracies. Issue 3. 2006.S. 41-42.

disposition in accordance with the law "," residents of the city of Moscow (Muscovites) - citizens of the Russian Federation who live in the city of Moscow, regardless of the period of residence, place of birth and nationality. The inhabitants of the city of Moscow in their totality form an urban community ”(Art. 3-4 of the Charter of the City of Moscow37); “Citizens of all nationalities living on the territory of the Republic of Tyva are the people of the Republic of Tyva” (Article 3 “People's Power” of the Constitution of the Republic of Tyva38); "Power in the Chuvash Republic belongs to the people" (Article 3 of the Constitution of the Chuvash Republic).

The use in the basic laws of the constituent entities of the Russian Federation of other structures, different from the provisions enshrined in the Constitution of the Russian Federation and determining the nature of power in the region, does not violate the norms of the federal Constitution, but reveals and clarifies regional features, which is also supported by both the opinion of a number of researchers and the position of the Constitutional Court RF but this issue 40.

Constitutional norms establish two directions for the implementation of power by the population: the direct exercise of power by the people and through state and local government bodies. The highest direct expression of the power of the people is the referendum and free elections. The specification of these forms occurs in the law

37 Vedomosti of the Moscow City Duma. 2001. No. 8. Art. 130.

34 NW 4P. 2000. No. 11-12. Art. 442.

40 For more details see: Russian Democracy: Development, Modern Trends and Contradictions / Ed. ed. A.A. Ivanchenko. S. 146-149; Resolution of the Constitutional Court of the Russian Federation of April 12, 2002 No. 9-P on the case "On checking the constitutionality of the provisions of Articles 13 and 14 of the Federal Law" On general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation "in connection with a citizen's complaint A.P. Bykov, as well as requests The Supreme Court RF and the Legislative Assembly of the Krasnoyarsk Territory ", in which the concept of" people of the subject of the Russian Federation "is used along with the concept of" people of the Russian Federation "// SZ RF. 2002. No. 16. Art. 1601.

leadership both at the federal, and at the regional and local levels. The main legislative acts at the level of the Federation are: Federal Law of October 6, 1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Constituent Entities of the Russian Federation" 41; Federal Law No. 67-FZ of June 12, 2002 “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” 42; Federal Law No. 19-FZ of January 10, 2003 "On the Elections of the President of the Russian Federation" 43; Federal Law of October 6, 2003 No. 131-FE "On the General Principles of Organization of Local Self-Government in the Russian Federation" 44; Federal Constitutional Law of June 28, 2004 No. 5-FKZ "On the Referendum of the Russian Federation" 45; Federal Law No. 51-FZ of May 18, 2005 "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation" 46 and others.

The provisions of Part 2 of Art. 32 of the Constitution of the Russian Federation, establishing that "citizens of the Russian Federation have the right to elect and be elected to government bodies and local government bodies, as well as to participate in a referendum."

U.C. Bondar and A.A. Dzhagaryan note that the consolidation of the electoral rights of citizens at the constitutional level makes it possible to define them as an element, component part the normative content of the complex (multifaceted in its meaning) right of citizens of the Russian Federation to participate in the management of state affairs. In this regard, political and electoral rights are a means of realizing democracy in the Russian Federation, as well as a way to attract every citizen

41 SZ RF. 1999. No. 42. Art. 5005.

42 SZ RF. 2002. No. 24. Art. 2253.

43 SZ RF. 2003. No. 2. Art. 171.

44 SZ RF. 2003. No. 40. Art. 3822.

45 SZ RF. 2004. No. 27. Art. 2710.

46 SZ RF. 2005. No. 21. Art. 1919.

to the implementation of political democracy through participation in the implementation of both state power and local self-government47.

An integral element of the realization of the right of citizens of the Russian Federation living in the territory of a particular constituent entity of the Federation to participate in the management of state affairs is the consolidation of this norm in the constitution and charter of the region. The Constitution of the Republic of Karelia48 in Art. 20 states that “1. Citizens have the right to participate in the management of the affairs of the Republic of Karelia both directly and through their representatives in accordance with the legislation. 2. Citizens have the right to elect and be elected to bodies of state power of the Republic of Karelia and bodies of local self-government, as well as to participate in a referendum ”; in st. 66 of the Charter of St. Petersburg49 it is established that “residents of St. Petersburg exercise power: directly, through a referendum and free elections; through state authorities and local self-government bodies ”.

Securing the right of citizens to elect and be elected to bodies of state power and local self-government as one of the forms of realizing democracy in the Russian Federation not only in the federal Constitution, but also in the basic laws of the constituent entities of the Russian Federation makes it possible to determine the constitutional value of representative democracy. According to G.D. Sadov-Nikova, it is determined by the fact that without the implementation of the main components of representative democracy, such as: a fair and transparent electoral system, the powers of representative bodies adequate to constitutionalism, the structure and organization of their work, the optimal number of deputies ensuring the representation of various social groups and strata of the population, mechanisms of influence of both the voters themselves and the institutions of civil society on the adoption

47 See: Bondar N.S., Dzhagaryan A.A. The constitutional value of the electoral rights of citizens of Russia. M., 2005.S. 27-28.

49 Bulletin of the Legislative Assembly of St. Petersburg. 1998.

decisions, - it is impossible to form a civil society, a democratic constitutional law-governed state50.

Such forms of participation of citizens of the Russian Federation in the management of state affairs as provided for in Art. 33 of the Constitution of the Russian Federation, the right to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies. Implementation of the specified constitutional law stipulated by both the Federal Law of May 2, 2006 No. 59-FZ "On the Procedure for Considering Applications of Citizens of the Russian Federation" 51, and the legislation of the constituent entities of the Russian Federation and municipal legal acts, in particular, the Law of the Stavropol Territory No. 80- kz "On additional guarantees of the right of citizens of the Russian Federation to appeal in the Stavropol Territory" 52; by the decision of the Duma of the city of Georgievsk dated May 31, 2010 No. 447-39 "On approval of the Procedure for considering citizens' appeals and organizing the reception of citizens in the Duma of the city of Georgievsk" 53.

At present, the practice of exercising the constitutional right to appeal has revealed a complex of problems that hinder the full participation of citizens in the management of state affairs54. Thus, the 1996 Criminal Code of the Russian Federation does not contain an article establishing responsibility for the persecution of a citizen in connection with his appeal, although such a security guarantee was enshrined in Art. 139 "Persecution of citizens for criticism" of the 1960 RSFSR Criminal Code, which provided for sanctions up to

50 See: G. D. Sadovnikova. Representative democracy: from idea to implementation. M., 2008.S. 10.

51 SZ RF. 2006. No. 19. Art. 2060

52 Collection of laws and other legal acts of the Stavropol Territory. 2008. No. 36. Art. 7797.

54 For more details see: L.A. Nudnenko, N.Yu. Hamaneva. New Law on Citizens' Appeals: Advantages and Disadvantages // State and Law. 2007. No. 3. S. 10-12; Belomestnykh L.L. Problems of the implementation of the constitutional right to appeal // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2008. No. 5. S. 69-93.

imprisonment of freedom for up to two years. Personal reception of citizens by deputies and officials is difficult due to their irregularity, there are cases of reception unauthorized persons... All this complicates the access of citizens to participation in solving issues of state and public life, violates the constitutional rights of citizens. We agree with the opinion of researchers who argue the need for a significant update of the legislation on citizens' appeals, including taking into account the Soviet experience55.

Summarizing the research conducted, we present a number of conclusions.

1. In the modern world, democracy is an integral element of the basis of the organization of government in the state. The norms of the Constitution of the Russian Federation in 1993, defining its multinational people as the only source of power in the Russian Federation, make it possible to position the Russian state as one of the leaders of the modern democratic world.

2. An integral condition for the development of democracy in the Russian Federation should be taking into account historical traditions. The Soviet experience of involving the people in the management of state affairs in such forms as people's control, a nationwide discussion of important issues of state life, in our opinion, should be reflected in the current legislation, taking into account the modern socio-economic development of the country.

3. A feature of the implementation of the principle of democracy in the Russian Federation as a federal state should be further legislative development and improvement of various forms of expression of the power of its multinational people in the constituent entities of the Federation and at the local level.

4. The exercise by the people of their power is not only the right of the citizens of the Russian Federation, but also the duty of state authorities, local authorities and officials to promote the implementation of this right in every possible way. In this regard, control by law enforcement becomes essential.

55 See: L.L. Belomestnykh. Decree. op.

legal and judicial bodies, as well as civil society for the timely and full implementation of the norms of the Constitution of the Russian Federation, aimed at the development of the Russian Federation as a democratic and legal state.

M.P. Petrov

ORGANIZATIONAL AND STRUCTURAL ANALYSIS

LEGAL PROBLEMS OF IMPROVING THE STATUS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION *

The mechanism for improving the form of state administration and expressing its essence "system" and "structure" of executive bodies in accordance with the established provisions of administrative science is determined by the content of the executive power, tasks of a functional and competence nature. The distribution of functions, the quality of the legal consolidation of competence norms in the sphere of executive power determines its organization, the effectiveness of the system. The structure of the executive branch does not have an independent determinative value in isolation from its functions; it only reflects a certain composition of the established managerial ties1. If the purpose of the system changes

1 The functions of the organ, according to I.L. Bachilo like target category have a decisive influence on the most diverse elements of the organization of the structure and activities of the management system. There is a systemic influence of functions on personnel, information, decisions, organizational forms of the structure of the body. See: Bachilo I.L. Legal problems organization of structures and their functions in the system of Soviet government: Author's abstract. diss. ... doct. jurid. sciences. M., 1979.S. 12; Kazannik A.M. Scientific organization of managerial work in state and municipal institutions Russia.

One of the defining, mandatory features of a constitutional state is its democratic character. In legal science, democracy is considered from different sides: as a form of state, political regime, socio-political democracy, political process, movement, etc. The listed approaches do not contradict, but rather complement each other revealing different sides of this multifaceted phenomenon.

Only the presence in society and the state of all these numerous facets of democracy ensures their movement towards the achievement of the ideal of democracy as democracy by the people, which is based on the values ​​developed and generally recognized by world civilization.

The emergence of democracy as legal category connected with the appearance of the constitutions of the 17th-19th centuries, which contained the idea of ​​equality, proclaimed freedoms and political rights, established a certain limitation of the rights of the highest authorities on the principle of separation of powers. Thus, they laid the foundations for a new democratic socio-political system.

Translated from ancient Greek, democracy is literally translated as democracy (power, will of the people). This is the most common understanding of democracy. To consider the content of the category "democracy", it is necessary to clarify the content of the concepts "people" and "power".

The first constituent element popular rule is the people. In the Soviet period of Russian history, the Marxist-Leninist understanding of the people as an aggregate of working people was recognized as the only correct one in Russian science. The above concept had a pronounced class character, served as an ideological justification, first of a legal, and only then of an actual restriction of the rights and freedoms of certain categories of citizens.

166 Chapter 7. Fundamentals of the constitutional system of the Russian Federation

In modern Russian legal literature, the category "people" includes the entire totality of citizens of a given state.

In the constitutional theory of Western countries, the category "people" is actually identified with the category "nation". The ratio of the concepts "people" and "nation" is a problem that has not been solved in science and does not have an unambiguous answer even today. If a people is an aggregate of citizens, then a nation is a historical aggregate of people, formed in the process of forming a community of their territorial, economic ties, literature, language, and some features of culture and character. Consequently, in a multinational state, the categories "people" and "nation" cannot be identified. The grounds for such an identification are possible only in a one-national state.

The category "people" should be distinguished from the concept of "population", which includes not only citizens of a particular state, but also other persons living on its territory (foreigners, stateless persons).

The concept of "people" is quite often used in combination with the concept of "society". Until the 18th century. the concepts of "society" and "state" were considered interchangeable. So, J. Locke, J. J. Rousseau in their works considered them as identical. The transition from feudalism to the bourgeois system was accompanied by the formation of differences between society and the state. Society is a collection of people and their associations, interconnected by interaction, exchange and power. The concept of "society" coexists with the concept of "population of the state".

In the last 15 years, the concept of "civil society" has become widespread in the political science and legal literature.

Civil society is a system of public institutions and relations that are independent and independent of the state, which are designed to provide conditions for the self-realization of individuals and their groups, the protection of their rights and freedoms. Civil society encompasses socio-economic relations and institutions (forms of ownership, principles of economic management), the organization and activities of public associations, the field of education, science, culture, and the family. Some spheres of civil society relations are closed to government intervention by the state and are not subject to legal regulation.

§ 3.-Constitutional foundations of democracy167

Civil society and democracy are in close unity, due primarily to the fact that real democracy is impossible without civil society, and civil society is possible in the presence of democracy. Civil society ensures that the state receives reliable information about the aspirations and desires of citizens; protects their legal rights and interests from the arbitrariness of the authorities; instills in its members the norms of civic behavior. The result of this interaction is the consolidation of the institutions of democracy.

The second component of democracy is power. It is the power that facilitates the organization of individuals into the people, society. Power is strong-willed public attitude, in which there are two subjects with unequal rights and responsibilities. An obligatory sign of power relations is the prevalence of one will. The possessor of the prevailing will induces the second, passive subject to perform certain actions. Consequently, power relations are always subordinate in nature. At the same time, the owner of the prevailing will must reckon with those who are the object of power. Therefore, in power relations, despite their subordinate nature, the interests of all subjects of power relations should be taken into account: both those who make decisions and those who obey them. This general characteristic of power can be extended to all of its varieties.

The power of the people in the Russian Federation is realized through public power (state and local government) and public power.

State power on behalf of the people is exercised by the sovereign Russian state through the system of state power bodies in the Russian Federation. The methods of exercising state power are persuasion, encouragement and state coercion.

The specificity of the municipal government lies in its state and public character. The most important signs of state power inherent in local self-government are: the right to adopt normative acts, the implementation of which on the territory of the municipality is ensured by the possibility of using state coercion; the right to independently form the budget and collect local taxes; the presence of a special layer of people, professional

168 Chapter 7. Fundamentals of the constitutional system of the Russian Federation

zionally engaged in management; the presence of a territory, the change of the boundaries of which is possible taking into account the opinion of the population of the corresponding territory.

The public character of local self-government is characterized by the fact that the structure of local self-government bodies and the division of powers between them are determined by the local community independently: a significant part of local issues is resolved through the institutions of direct democracy; An important organizational and legal form of local self-government is territorial public self-government: in situations provided for by the charter of a municipal formation, a meeting (gathering) of citizens can perform the functions of a representative body of local self-government.

Public power is exercised through public associations and groups of citizens as a means of their self-organization. The main method of exercising public power is the method of persuasion and voluntary submission to the instructions of public associations.

The content of democracy as a democracy is a set of moral, political, legal values. The values ​​shared by society are the beliefs of the fiercers about the goals they should strive for and the main means of achieving them. These values ​​include; majority decision-making while respecting minority rights; freedom and political rights of the individual; equality of individuals; combination of human rights with the interests of the state and society. These European in origin values ​​have a civilized origin. They embody people's moral ideas about the nature of relationships in a democratic state and society. They are the basis of a democratic political worldview, political process, political regime and constitute a political value. These moral and political values ​​are embodied in the constitutions of modern democratic states, including Russia, and have gained international application.

The moral, political, legal values ​​that make up the content of democracy are realized through a certain management mechanism, which is a set of institutions, procedures aimed at aggregation pain-

3. The constitutional foundations of democracy169

the dignity of the people of the preferences of individuals in a group decision. Democracy as a system of values ​​is realized through such foundations of the constitutional order as pluralism, electivity, the rule of law, and above all the constitution, the separation of powers. The list of these institutions allows them to be characterized as non-bureaucratic, non-violent.

Democracy as a democracy has two forms of implementation: direct and representative.

Historically, democracy was the first to emerge directly. Democracy is called direct (direct) if citizens are directly involved in managing the affairs of the state, society, and local community. Examples of predominantly direct democracy are ancient democracy, as well as democracy in Ancient Novgorod and a number of other city-states, in which citizens were directly involved in making important state and local decisions.

The concept of direct democracy assumes that the will of the people and state power, the power of the local community must be identical, that the people themselves must directly participate in the exercise of power, both state (within the entire state or a subject of the federation) and public (within a public association) , and local government. Representative bodies should be controlled by citizens.

According to supporters of direct democracy, its advantages lie in the fact that it provides more opportunities for expressing the will and interests of the people in comparison with representative democracy; provides a solid legitimization of power, overcoming the political alienation of citizens; expands the intellectual potential of political decisions through the participation of many people; develops the public activity of the population; promotes free self-realization and self-affirmation of the individual, its development in general; provides effective control behind political institutions and officials; prevents abuse of power, separation of the ruling elite from the people, bureaucratization of the bureaucracy.

At the same time, supporters of representative democracy point out the weaknesses of direct democracy: low efficiency of decisions made due to insufficient competence, uncontrolled ™ and irresponsibility of the population; increasing the risk of totalitarianism

170 Chapter 7. Fundamentals of the Constitutional System of the Russian Federation

Institutions of direct democracy at the present stage of development of society include: a referendum; elections; popular regional and local discussions; orders of voters; reports of deputies to voters; early recall of a deputy by voters; rural gatherings; gatherings of citizens at the place of residence; citizens' appeals to state authorities and local self-government bodies; petitions; meetings and public manifestations.

The exercise of power only through direct democracy in the modern world is unrealistic. First, direct democracy in vast states is impossible. In modern states, the people represent a multi-million legal action without the help of other organs. Secondly, the people in their mass are completely deprived of the opportunity to develop and discuss laws. This requires hard work, legislative experience and training, and only specially selected representatives can successfully master the enormous work entrusted to them.

Representative democracy means the exercise of power by the people through democratically elected representatives and representative bodies. Representative democracy is based on the relationship of representation. The object of relations between the representatives of the people is not will, but power. Representation of the people is one of the forms of the transfer of the right to power. The people remain the source of power. Representatives are only an “instrument” in the hands of the people, with the help of which they exercise their power. Representative bodies include only collegial elected bodies of state power. Representatives are deputies elected by the people, the local community, the President of the Russian Federation, as well as elected officials of local self-government.

The nature of the relationship between deputies and voters is regulated by legislation is not the same. Based on the modern legislation governing the relations of representation, there are three types of it, which are based on different options for the relationship of deputies with voters.

§ 3. Constitutional foundations of democracy171

The first option is that the people are recognized as the source of power. The deputy is considered only as an authorized representative of his voters, that is, the holder of an imperative mandate. Imperative mandate translated from Latin means a mandatory mandate, a requirement. The imperative mandate was the constitutional principle of the Soviet representative system. The content of the imperative mandate is the obligatory presence of orders from the electors to the deputies of the representative body. It is the mandates, that is, the obligatory instructions, that determine the line of behavior, the main directions of the deputy's activity both in the representative body and in the electoral district. The guarantees of the fulfillment of the orders of the voters are the obligatory periodic reports of the deputies to the voters, as well as the possibility of early recall of the deputies by the voters in the cases established by law.

The second variant of representative democracy, assuming the people as a formal source of power, provides for the transfer of the right to exercise it to constitutionally limited term for a representative body, whose members act independently of the voters, that is, they have a free mandate.

It is characteristic of a free mandate that each deputy represents not the voters of his constituency, but the people as a whole; the deputy is not bound by obligations that he could have assumed during the election campaign; the deputy is not subject to recall.

The third variant of representative democracy takes place when the people, while remaining a source of power, transfers the right to exercise it to a representative body partially for a period specified by the constitution, while retaining control over the activities of their representatives. The basis of such relations between deputies and voters is a semi-free mandate.

The features that characterize a semi-free mandate are:

Absence of orders, the role of which is played by the election program of a candidate for deputy, drawn up by him personally, taking into account the program of a political party or public association of which he is a member, as well as taking into account the specifics of the electoral district and local problems:

The presence of a close relationship of deputies with voters, expressed in regular meetings and, above all, reports;

Possibility of voters to early recall a deputy who has not justified the confidence of voters.

72 Chapter 7. Fundamentals of the constitutional system of the Russian Federation

The Constitution of the Russian Federation does not regulate the nature of the relationship between deputies and voters. Federal Law of May 8, 1994, No. 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation" does not determine the nature of the deputy mandate. Considering that this Law does not contain provisions on orders of voters, reports of deputies to them and the possibility of early recall of a deputy by voters, it can be concluded that the mandate of a deputy of the State Duma is free.

This issue is resolved differently in the constituent entities of the Russian Federation and at the local level. Many subjects of the Russian Federation. regulating the legal status of a deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation, a member of an elected body of local self-government, they consolidate their obligation to report to voters and the possibility of their early recall by voters (Altai Territory, Amur Region, etc.).

An exception to the general rule is made by several constituent entities of the Russian Federation, which have laws on voter orders. They provide for an imperative mandate for deputies (Tyumen, Chelyabinsk, Novosibirsk regions).

The desire of the legislator of the constituent entity of the Russian Federation to preserve the accountability and responsibility of the deputies to the voters can be explained by subjective factors, namely, the understanding of democracy that has developed over the decades of the Soviet form of government in Russia as a close connection between representatives and represented x? the ability of voters to influence the activities of representative bodies and, if necessary, change them. The preservation of reports and early recall of deputies can also be explained by objective factors, for example, the presence of people among the deputies who, in their moral, professional and business qualities, are unworthy and incapable of performing the functions of a representative of the will and interests of voters. Voters should have the right and the opportunity to correct the mistake they made in the elections.

Its supporters see the advantages of representative democracy in the presence of guarantees of political stability and order; exclusion of momentary hobbies of broad strata of the population; rational organization of the political system, a clear division of labor; a higher level of competence and responsibility of decision-makers in comparison with direct democracy.

§ 3 :. Constitutional foundations of democracy173

Critics of representative democracy point to the transformation of the modern parliament into an ineffective institution, which has become a focus of factional intrigue and a place of manifestation of politicians' ambitions. Decision-making is carried out not in the course of parliamentary debates, but in commissions, parliamentary committees.

The listed disadvantages of representative democracy determine the need for the existence in any democratic society of the direct participation of citizens in the management of both state and local affairs.

Representative and direct democracy are interconnected. The interpenetration of direct and representative democracy is manifested in the fact that:

Institutions of direct democracy are the source, the basis for the emergence of representative democracy. Thus, without elections - the most important institution of direct democracy - representative democracy cannot take place;

Through the implementation of certain institutions of direct democracy (referendum, appeals, petitions, popular law-making initiative, meetings and public demonstrations), citizens influence the content, main directions of activity of representative bodies of state power and elected bodies of local self-government;

Separate institutions: direct democracies are at the same time a constituent part of the 'institutions of representative democracy. They form points of contact between representative and direct democracy. These include elections, reports, recall of deputies.

The scientific literature writes a lot about the crisis modern democracy, which is based on the settling contradiction between the people as a subject of power (according to fundamental democratic postulates) and the ruling elite, the ruling elite, whose activities must (according to the same postulates) be approved by the people by voting in elections. The further, the more this contradiction is resolved not in favor of the people. Political systems that call themselves democratic gradually develop in themselves the ability to do without the people, reduce its constituent power to the possibility of choosing rulers by the governed, and then, turning this choice into almost the only dimension of democracy, bring the technique of organizing electoral processes to such a degree that people in mass

174 1 Chapter 7. Fundamentals of the Constitutional System of the Russian Federation

votes the way the organizers want. The narrowing of the sphere of democracy and the sophisticated manipulation of its institutions, above all elections, is what makes the constituent power of the people illusory and less and less secure.

Popular sovereignty is democracy. It means that the people, not sharing power with anyone, exercises it independently and independently of any political forces (the state itself, parties, etc.). Popular sovereignty is indivisible and can have only one subject - the people. The idea of ​​the people as the starting point and the final point of legitimation of political power is basic in the understanding of democracy. Art. 3 of the Constitution establishes that in Russia no one can appropriate or seize power, and that such actions are prosecuted under the Federal Law. This means that all authorities must either be elected (such bodies are called representative), or be appointed by elected bodies (executive and judicial authorities are appointed). The principle of the sovereignty of the people is the main characteristic of a legal state.

11. Constitutional guarantees of human and civil rights and freedoms in the Russian Federation.
Guarantees are conditions and means that provide them with a real opportunity to enjoy fundamental rights and freedoms, to strictly fulfill their obligations. Conditions are a political and legal regime in which fundamental rights, freedoms and obligations are exercised. Means are a mechanism and material sources, providing a real opportunity to enjoy fundamental rights and freedoms, to fulfill the duties assigned to them.
Guarantee system:
-economic guarantees - one should understand the dominant form of ownership and the system of management based on it, which are recognized to create decent living conditions for people and citizens and satisfy their reasonable and spiritual needs. The state implements economic guarantees, primarily through taxes.
-political guarantees- the entire system of state bodies, social and political organizations, which are created and act in such a way as to reasonably optimally involve citizens in managing the affairs of the state and society.
-social and moral guarantees are social justice and conscience, thanks to which citizens correctly understand their rights and obligations, use them correctly, and strictly fulfill their duties. Social justice is the standard of morality of the state and society. Conscience is a barometer of human morality.
- legal guarantees; - the consolidation of rights, freedoms and obligations by the norms of law, ensuring their implementation by state bodies and social and political organizations. There are special bodies entrusted with the duty to guard the rights and freedoms of citizens and the strict observance by citizens of the duties assigned to them, these are law enforcement bodies. These are law enforcement agencies, prosecutors, and courts.
Among the institutions that guarantee rights and freedoms is the widespread institution of the parliamentary ombudsman (commissioner, mediator, public defender, etc.). An essential guarantee of rights and freedoms under the constitutions of all states is the assistance of a professional defender (lawyer) in criminal, civil and administrative proceedings.

12. The concept and classification of fundamental human and civil rights and freedoms in the Russian Federation.
Fundamental human and civil rights and freedoms are enshrined in the constitution, protected and protected by the state. They establish and regulate the most important and essential relations between the individual and the state, determine the legal foundations of individual freedom.
The main duties of a citizen are the requirements established and protected by the state, enshrined in the constitution, the requirements for citizens to participate in ensuring the interests of the state, society and other citizens.
Fundamental rights and freedoms responsibilities can be divided into:
- economic (the right to freely engage in entrepreneurial activity and other economic activity)
- political (the right to association, freedom of speech, conscience, etc.)
- personal - (the right to life, protection of dignity, freedom and personal integrity, etc.)
-social and cultural (the right to education, social Security etc.)
Differences between human rights and civil rights:
-different in origin, the rights of people are natural and belong to him by birth
-inalienable
- guards and protected not only by the state, but also by the world community
-in cases of their violation, international legal sanctions may be applied to the state (Ex: export and import are subject to increased duties; an economic, political, blockade may be established)
These differences oblige to formulate definitions of the concepts: "Human rights and freedoms", "Human responsibilities".
Human rights and freedoms should be understood as natural inalienable, recognized, observed, protected and protected by the state and the world community, his ability to freely, consciously and responsibly choose the type and measure of his behavior.
Human responsibilities are the type and measure of proper behavior, determined by human rights and freedoms.

13 Institute of the Ombudsman for Human Rights in the Russian Federation.
Can be appointed (citizen of the Russian Federation, at least 35 years old, having knowledge in the field of human and civil rights and freedoms, having experience in protecting human and civil rights and freedoms, for a period of five years)
Not eligible: (to be a deputy of the State Duma, to be members of the Federation Council, to be a deputy legislative body, be in the civil service, engage in other paid and non-paid activities, except for scientific, teaching, engage in political activities, be a member of a political party).
Examines issues: (Complaints of citizens of the Russian Federation and foreigners and stateless persons on the territory of the Russian Federation against decisions or actions (inaction) of state bodies, local authorities, officials, civil servants).
Does not consider: (Complaints against decisions of the chambers of the Federal Assembly and legislative bodies of state power of the constituent entities of the Russian Federation).
Possesses inviolability during the entire term of his office, which is distributed to: (residential and office space, luggage, personal and official vehicle, correspondence, telephone conversations, communications, documents belonging to him).
Without the consent of the State Duma, there can be no: (brought to criminal, admin accountable, detained, arrested, subjected to personal search, except when it is provided for by the Federal Law to ensure the safety of others)
Dismissed from office: (violation of the requirements for termination of activities, incompatible with the status of the Commissioner, a conviction came into force, inability for health reasons (for 4 months in a row did not fulfill his duties) submitting an application for resignation.

14. The concept of the legislative process and its stage.
Laws are adopted by the chambers of the Federal Assembly in a special procedure, which is implemented in the legislative process, which is a set of actions through which legislative activity Federal Assembly. In the Russian Federation, the legislative process consists of several stages.
1. legislative initiative - comes down to the submission of a bill to the State Duma. The right to commit such actions is called the right of legislative initiative. According to Art. 104 of the Constitution, the right of legislative initiative belongs to the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, legislative (representative) bodies of the constituent entities of the Russian Federation. This right also belongs to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on issues of their jurisdiction.
2. preliminary consideration bills. A bill subject to consideration by the State Duma is sent by its Council to the appropriate committee of the chamber, which is appointed responsible for the bill. At the same time, the bill is sent to committees, commissions and deputy associations, to the President of the Russian Federation, to the Federation Council, to the Government of the Russian Federation, as well as to the Constitutional Court, the Supreme Court and the Supreme Arbitration court RF on their conduct for the preparation and submission of reviews, suggestions and comments.
3. Includes consideration of bills in the State Duma. This consideration can be carried out in three readings, unless the State Duma, in relation to a specific bill, makes another decision in accordance with the current legislation and the State Duma Rules of Procedure. A draft law prepared for consideration in the first reading, and the corresponding materials to it, upon presentation of the responsible committee of the State Duma, are sent to its deputies no later than three days before the consideration of the draft law at a session of the Duma. When the State Duma considers the draft law in the first reading, its concept is discussed, and an assessment is given. compliance of the main provisions of the draft law with the Constitution of the Russian Federation, its relevance and practical significance. The discussion begins with the report of the initiator of the draft law and the co-report of the responsible committee of the State Duma. Based on the results of the discussion of the draft law in the first reading, the State Duma may adopt the draft law in the first reading and continue working on it, taking into account the proposals and comments made; reject the bill; adopt a law. The rejected bill is not subject to further consideration and is returned to the subject of the right of legislative initiative. If the bill is adopted in the first reading, the State Duma may set a deadline for its submission to the second reading. The State Duma may decide on a nationwide discussion of the bill adopted in the first reading.
4. adoption of the law. The Council of the State Duma appoints the third reading of the bill for voting in order to pass it into law. During the third reading of the bill, it is not allowed to amend it and return to its discussion as a whole or in individual articles, chapters, sections. Federal law is adopted by the State Duma by a majority vote of the total number of deputies of the chamber. A federal constitutional law is considered approved if at least two-thirds of the total number of deputies of the State Duma voted for its approval. A federal law adopted by the State Duma is submitted to the Federation Council for consideration within five days.
5. consideration and approval of federal laws by the Federation Council. A federal law received from the State Duma shall be sent within 48 hours, together with accompanying documents, to all members of the Federation Council. Based on the results of the discussion, the Federation Council adopts one of the following decisions: to approve or reject a law adopted by the State Duma; a resolution of the Federation Council on approval of a federal law is adopted by a majority of votes of the total number of members of this chamber, and a resolution on approval of a federal constitutional law - by a majority of at least three quarters of the votes of the total number of its members. A federal law is also considered approved by the Federation Council if it has not been considered by it within 14 days (part 4 of article 105 of the Constitution).
6. The final stage of the legislative process is the signing and promulgation of the law. In accordance with the Constitution of the Russian Federation (Article 107), the President of the Russian Federation, to whom the federal law is sent, signs it and promulgates it within 14 days
In accordance with this Federal Law on the territory of the Russian Federation, only those federal constitutional laws and federal laws that are officially published are applied. The date of the adoption of the federal law is the day of its adoption by the State Duma in its final version. The date of adoption of the federal constitutional law is the day when it is approved by the chambers of the Federal Assembly. The first publication of it is considered the official publication of the federal constitutional and federal law. full text in "Rossiyskaya Gazeta" or "Collected Legislation of the Russian Federation". Federal constitutional and federal laws for official publication are sent by the President of the Russian Federation. Federal constitutional and federal laws enter into force simultaneously throughout the territory of the Russian Federation after 10 days after the day of their official publication.

15.concept, principles and constitutional foundations citizenship in the Russian Federation.
G. is a stable political and legal relationship between a person and the state, according to which sovereign power extends to him both within the state and beyond its borders. Due to this, a person has a certain set of rights and obligations established by the legislation of this state and can enjoy its protection.
Principles of g-va:
1. Citizenship of the Russian Federation yavl. united, i.e. a citizen residing on the territory of a republic within the Russian Federation is a citizen of this republic and at the same time a citizen of the Russian Federation.
2. Citizenship of the Russian Federation is equal regardless of the grounds and time of acquisition.
3. The availability and free nature of the citizenship of the Russian Federation is expressed, firstly, in the fact that every person in the Russian Federation, including citizens foreign states and stateless persons have the right to citizenship, regardless of any conditions; secondly, the presence of a fairly simple and easy way of acquiring citizenship; thirdly, in the prohibition of deprivation of citizenship and the existence of the right to change it; fourth, in the admissibility of dual citizenship; fifth, in reducing the number of stateless persons; sixth, in the right of Russian citizens to change their citizenship; seventh, in the prohibition of deprivation of citizenship, i.e. to terminate ties at the initiative of the state in unilaterally, without the consent of the citizen.
4. The principle of priority of the norms of international law and international treaties on issues of citizenship over national legislation.
5. Inalienability of citizenship, which is expressed, firstly, in the lack of connection between citizenship and the measures of punishment of a citizen for committed offenses; secondly, in the preservation of the citizenship of the Russian Federation for the citizens of the Russian Federation living outside its borders; thirdly, in the inadmissibility of the expulsion of a citizen of the Russian Federation outside the Russian Federation.
6. Protection and patronage of citizens of the Russian Federation who are outside the Russian Federation. This means that the state bodies of the Russian Federation, its diplomatic and consulates
institutions and their officials are obliged to help ensure that the citizens of the Russian Federation have the opportunity to fully use all the rights and freedoms established by the legislation of the state, international treaties RF and international customs, and if necessary, take measures to restore the violated rights of citizens of the Russian Federation. A citizen of the Russian Federation cannot be expelled outside the Russian state or issued to another state. For crimes committed abroad, a citizen of the Russian Federation is subject to criminal liability according to the laws of the Russian Federation.
7. Honorary citizenship, which can be granted to a person who does not have Russian citizenship, but having merits before Russia or the world community, with his consent. Honorary citizenship is granted by the President of the Russian Federation.
8. Denial of automatic change of citizenship: the conclusion or dissolution of marriage with a citizen of the Russian Federation with a person who does not have citizenship of the Russian Federation does not entail a change of citizenship. a change in citizenship by one spouse does not entail a change in citizenship for the other. divorce does not entail a change in the citizenship of the children born in this marriage.
9. The principle of preservation of citizenship for persons residing outside the Russian Federation.
Grounds for the acquisition of Russian citizenship: as a result of the recognition of citizenship; by birth; as a result of restoration of citizenship; by choosing citizenship when changing nationality; in the order of registration; as a result of admission to citizenship; for other reasons.
Grounds for termination of Russian citizenship: due to renunciation of citizenship; due to the cancellation of the decision on admission to citizenship; by choosing citizenship when changing the nationality of the territory.
Withdrawal from citizenship is not allowed: if the citizen received a summons for military service, the citizen is involved as an accused, in relation to the citizens there is a legal force court sentence; the citizen has unfulfilled material financial obligations.
State bodies in charge of cases of citizenship: the President of the Russian Federation; Commission on Citizenship under the President; the Ministry of the Interior; Ministry of Foreign Affairs, diplomatic missions and consular offices.

16. Constitutional principles of the federal structure of the Russian Federation. Problems of Russian federalism.
Federal state Is a union of state entities, each of which has a certain independence.
Principles:
1.State integrity. (Clause 3, Article 5 of the Russian Federation) The federal structure of the Russian Federation is based on its state integrity, the unity of the system of state power, the delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, equality and self-determination of peoples in the Russian Federation. Federation.
2.Disnstvo system of state power ((clause 3, article 5 to the RF)
3.Equality of peoples in the Russian Federation (clause 3, article 5 to the Russian Federation)
4. self-determination of the peoples of the Russian Federation (clause 3 of article 5 of the Russian Federation)
5. national-territorial principle (Art. 65 K RF) The Russian Federation includes the constituent entities of the Russian Federation: republics, territories, regions, cities of federal significance; Autonomous region; autonomous regions.
6.the territorial principle
7. delimitation of the subjects of jurisdiction and powers of the m / d by the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation. (Art. 71-73) The jurisdiction of the Russian Federation includes: a) the adoption and amendment of the Constitution of the Russian Federation and federal laws, control over their observance; b) federated structure and the territory of the Russian Federation; c) regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation; regulation and protection of the rights of national minorities; d) the establishment of a system of federal legislative, executive and judicial authorities, the procedure for their organization and activities; the formation of federal bodies of state power.
The joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation includes: a) ensuring the compliance of the constitutions and laws of the republics, charters, laws and other normative legal acts of territories, regions, cities of federal significance, an autonomous region, autonomous districts with the Constitution of the Russian Federation and federal laws; b) protection of human and civil rights and freedoms; protection of the rights of national minorities; ensuring the rule of law, law and order, public safety; border zone regime; c) issues of ownership, use and disposal of land, subsoil, water and other natural resources; d) differentiation state property; e) nature management; environmental protection and environmental safety; specially protected natural areas; protection of monuments of history and culture; f) general issues of upbringing, education, science, culture, physical culture and sports.

17. Subject of the Russian Federation: concept, types constitutional status.
The RF includes the constituent entities of the RF. They are equal participants in the constitutional legal relationship... Securing all subjects of the federation in the constitution excludes the possibility of any subject unilaterally leaving the federation. Any official statement of this kind is a direct violation of the constitution and voluntarily established by the subjects of the norms on the state integrity of the Russian Federation, the integrity and inviolability of its territory and sovereignty. In the Russian Federation there is no secession, that is, the right to secede from the federation. The legitimacy of such a situation is based on the will expressed by the people when the constitution is adopted, but the constitution does not exclude the possibility of expanding the composition of the subject of the federation.
A constituent entity of a federation is a limited legal entity with features of statehood, which is part of a single federal state.
The constituent entities of the Russian Federation meet the following characteristics: (- do not have sovereignty; - do not have the right to secession; - citizens of any subject have equal rights and obligations for the entire federation; - constituent entities of the Russian Federation are equal.)
In terms of the scope of their competence, federal subjects can be divided into 3 groups: (1. Republics within Russia can apply their constitutions, establish their own national language along with Russian and have their own state symbols; 2. Territories, regions, cities of federal significance adopt their charters, establish their own authorities and may include autonomous districts and regions; 3. Autonomous districts and autonomous regions, upon their submission, the federal law can be adopted on the autonomous region or okrug, which is, as it were, second subordinate to the fed and the region in which they are located ...
See chapter 3 of the Constitution of the Russian Federation. The status of a constituent entity of the Russian Federation includes not only the totality of its rights, powers, duties and responsibilities, but also its belonging to a certain type of subjects. All subjects of the Federation have full state power on their territory outside the competence of the Russian Federation. They have constituent power, adopting their Constitutions, Charters, their own legislation, and territorial supremacy. The Constitution of the Russian Federation enshrines the principle of equality of subjects of the Federation in relations with the Federation. However, the subjects are not identical. The subjects of the Federation are not sovereign from Russia, they are its constituent parts. Subjects of the Russian Federation do not have the right to secede from the Russian Federation. They are not subjects of international public law and carry out international and foreign economic relations within the limits established by federal law. Three types of subjects of the Russian Federation can be distinguished: republics with state status (there are 21 of them); political-territorial entities: territories (there are 9), regions (there are 46), cities of federal significance (there are two of them Moscow and St. Petersburg); national-territorial formations: autonomous region (one) and autonomous okrugs (there are 4 of them). There are 83 subjects of the Russian Federation in total. The status of a constituent entity of the Russian Federation can be changed in accordance with the federal constitutional law, the adoption of which is provided for by the Constitution of the Russian Federation (part 5 of article 66). Changing the status of a constituent entity of the Federation means the transition of a constituent entity of the Federation from one type to another within the list provided for Art. 5 of the Constitution of the Russian Federation. Does not entail a change in the status of a subject, a change in its name, if it is not associated with a change in the type of a subject of the Federation; changing the borders between the subjects of the Federation; changes in the rights and obligations of a constituent entity of the Federation in connection with the transfer to it in accordance with Art. 78 of the Constitution of some of its powers by the Federation, etc. Changing the status of a constituent entity of the Federation can be carried out under mutual consent.

18. Republics (states) as subjects of the Russian Federation: the concept constitutes a legal status.
Republic of Adygea (Adygea), Republic of Altai, Republic of Bashkortostan, Republic of Buryatia, Republic of Dagestan, Republic of Ingushetia, Kabardino-Balkar Republic, Republic of Kalmykia, Karachay-Cherkess Republic, Republic of Karelia, Republic of Komi, Republic of Mari El, Republic of Mordovia, Republic of Sakha ( Yakutia), Republic of North Ossetia - Alania, Republic of Tatarstan (Tatarstan), Republic of Tyva, Udmurt Republic, Republic of Khakassia, Chechen Republic, Chuvash Republic - Chuvashia (21 pcs).
In accordance with the Federal Treaty of 1992, the national republics within Russia are allocated to a special privileged category. Part 2 of Art. 5 The RF has formalized this type of subjects, as the republics within Russia will define them as a state. The most important attributes of the state of these subjects and their first distinguishing feature is the right to have their own constitution.
The constitution of the republics has supreme legal force on issues attributed to the jurisdiction of the republics. In the republic, the constitution establishes the basis of the constitutional standing, fundamental human rights and freedoms, the organization and activities of the republics, state authorities and local self-government bodies. Establishes, along with Russian, its own national language and has its own state symbols (coat of arms, anthem, flag, capital). State symbols, the name of the republic reflects the national historical traditions and the spirit of the nation living in the given territory.
Citizens of the Russian Federation permanently residing in the territory of the republic as part of the federation are also citizens of the republic. Termination of the citizenship of the Russian Federation entails the termination of the citizenship of the republic.
The governments of the republics (they are the executive and administrative bodies of power and, by virtue of this, bear the main burden on the implementation of the law, the sweat of the direct implementation of socio-economic programs, the budget, etc.). The formation order is different.
The president of the republics (in some republics the executive bodies are headed by the president (PR: Ingushetia) in others - the chairman of the government (PR: Karelia).) He is elected by citizens for a term of 4-5 years. As the head of state, the president acts: - the guarantor of sovereignty and integrity, observance of its constitution and laws; - carries out many representative functions; - addresses with a message to the people and parliament; - has the right to initiate legislation; - signs and promulgates laws.) Also participates in the formation of state bodies, adopts decrees and orders that are binding throughout their territory
In all republics within Russia, parliaments are elected, which have different names: the Legislative Assembly, the Supreme Council, the State Assembly (Bashkortostan), etc. They are an integral part of parliamentarism, elected by the peoples of the republics and express the will and interests of the republics, they can be attributed to representative bodies. They are elected on the basis of universal, direct, equal and secret ballot for a period of 4 or 5 years, in numbers from 27 (Ingushetia) to 250 (Tatarstan). They are legislative bodies.
19. The system of personal rights and freedoms of people and citizens in the Russian Federation.
- Article 20 1. Everyone has the right to life. 2. The death penalty, pending its abolition, may be established by federal law as an exceptional punishment for especially grave crimes against life when the accused is granted the right to have his case tried by a jury.
- Article 21 The dignity of the individual is protected by the state. Nothing can be the basis for belittling it.
- Art. 22 Everyone has the right to liberty and security of person.
- Article 23 paragraph 1 Everyone has the right to inviolability privacy, personal and family secrets, protection of their honor and good name.
- Art. 23 p. 2. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages. Limitation of this right is allowed only on the basis of judgment.
- Article 24, paragraph 2, the right to familiarize himself with documents and materials directly affecting his rights and freedoms, unless otherwise provided by law.
- Art. 25 The home is inviolable. No one has the right to enter a dwelling against the will of the persons living in it, except in cases established by federal law, or on the basis of a court decision.
- Article 26, clause 1. Everyone has the right to determine and indicate his nationality. No one can be forced to determine and indicate their nationality.
- Art. 26 p. 2 Everyone has the right to use their native language, to freely choose the language of communication, education, training and creativity.
- Art. 27 p. 1. Everyone who is legally on the territory of the Russian Federation has the right to move freely, choose a place of stay and residence.
- Article 27, clause 2. Everyone can freely travel outside the Russian Federation. A citizen of the Russian Federation has the right to freely return to the Russian Federation.
- Art. 28. Everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess, individually or jointly with others, any religion or not to profess any religion, to freely choose, have and disseminate religious and other beliefs and to act in accordance with them.
- Art. 29 p. 1. Everyone is guaranteed freedom of thought and speech.
- Article 29 p. 4 Everyone has the right to freely seek, receive, transmit, produce and distribute information in any legal way. List of information constituting state secret, is determined by federal law.

20 The system of political rights and freedoms grew. citizens. political rights and freedoms(Articles 30 - 33 of the Constitution) are associated with the possession of the citizenship of the state. The constitution reflects personal rights to everyone, political rights to citizens. Political rights and freedoms act as natural rights and freedoms of every citizen of a democratic state. The natural character of the rights and freedoms of a citizen follows from the fact that the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people. This most important basis of the constitutional system of the Russian Federation is actually realized through the political rights and freedoms of every citizen. Citizens associated as a people exercise power. Each citizen, as such, participates in the exercise of power. In accordance with the Constitution, a citizen of the Russian Federation can independently exercise their rights and obligations in full from the age of 18 (Article 60). The right of every member of any community, association, including the state one, to participate in the management of common affairs is an inalienable democratic principle in its organization. Even under a totalitarian regime, this right was formally declared in the Constitution.
Citizens of the Russian Federation have equal access to public service (part 4 of article 32) in accordance with their abilities and professional training.
The form of involving citizens in solving state affairs is their participation in the administration of justice (part 5 of article 32). This right is exercised by citizens who are involved as jurors, people's assessors and arbitration assessors.
The right of citizens to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies is constitutionally enshrined (Article 33). This right is an important means of manifesting the social and political activity of citizens, their interest in public affairs, as well as their protection of their rights.
An important right is the right to association, which is reserved for everyone, including the right to form trade unions to protect their interests (article 30 of the Constitution). This right gives citizens the opportunity to use various forms of joint organized social activities for the indicated purposes, to unite their efforts to carry out certain tasks. The admission or entry of a citizen into the membership of an association is carried out on a voluntary basis in accordance with the conditions written in its charter. No one can be forced to join any association or stay in it (part 2 of article 30 of the Constitution).
It should be noted that many forms of citizen participation in the management of state affairs are currently not used effectively enough. On the one hand, this is evidenced by such factors as low voter turnout in the elections to state and local government bodies, weak interest in the activities of their elected representative, deputy, insignificant participation in various kinds of public formations. On the other hand, an obstacle to the realization of citizens' rights to participate in the management of public affairs is a high level of bureaucracy in government bodies, red tape, excessive secrecy of their activities, and the lack of a sufficiently effective policy aimed at developing public activity of citizens.

21. Economic, social and cult of rights and freedom of people and citizens in the Russian Federation... The socio-economic rights and freedoms enshrined in the Constitution include freedom entrepreneurial activity, right private property, including land, freedom of work and the right to work in proper conditions, the right to rest, family protection, the right to social security, the right to housing, the right to health protection, to a favorable environment, the right to education, freedom of literary, artistic, scientific, technical and other types of creativity, teaching, the right to use cultural institutions (Articles 34 - 44).
The social role of the state is enshrined in Art. 7 of the Constitution as one of the important foundations of the constitutional system of the Russian Federation.
State guarantees of socio-economic rights and freedoms of man and citizen include a wide system of forms of influence on their implementation.
Let's highlight the following:
1) legislative consolidation of such conditions of economic activity of all its subjects, under which a person really has all constitutionally recognized socio-economic rights and freedoms;
2) the establishment of a guaranteed minimum wage, state pensions and benefits and other guarantees social protection; free education on the grounds provided by law; state support for family, motherhood, fatherhood and childhood, disabled people, pensioners and senior citizens, development social services;
3) exercising control over the observance of legislation ensuring socio-economic rights and freedoms;
4) the creation of legal, political, material, organizational conditions to support the personal initiative of a person in economic sphere;
5) effective protection of social and economic human rights and freedoms in the forms prescribed by law, including judicial protection.
Constitutional consolidation of the freedom of entrepreneurial activity - legal basis and an objectively necessary condition for reorganizing the economy of society on a fundamentally new basis. The framework of this freedom is concretized in Civil Code RF.
To ensure lawful, civilized conditions for the formation and development of market relations, the Constitution prohibits economic activity aimed at monopolization and unfair competition (part 2 of article 34).
The most important place in the system of socio-economic rights and freedoms is occupied by the right to private property (Article 35 of the Constitution). Its constitutional consolidation was of decisive importance in the country's transition to a market economy.
The constitution has more clearly articulated human rights at work in relation to a market economy. The main emphasis is placed on securing the freedom of labor, its proper conditions and the human right to freely dispose of their labor. WITH labor rights the right to rest is inextricably linked (part 5 of article 37 of the Constitution). A wide range of subjects are involved in its provision, designed to create the necessary conditions for the implementation of this right.
Social development society largely depends on the status of its primary unit - the family, protection of motherhood and childhood. In Art. 38 of the Constitution enshrines the general rule that they are under the protection of the state. Article 38 of the Constitution determines and mutual rights parents and children. Taking care of children, their upbringing is an equal right and responsibility of parents. Able-bodied children who have reached the age of 18 must take care of disabled parents. Social and economic rights and freedoms include the right to social security by age, in the event of illness, disability, loss of a breadwinner, for raising children and in other cases established by law (part 1 of article 39 of the Constitution). The content of this right is, first of all, the guaranteed opportunity to receive state pensions and social benefits.
The right to housing is constitutionally enshrined (Article 40). It includes: 1) protection of the home, by virtue of which no one can be arbitrarily deprived of his home; 2) encouragement by public authorities and local self-government bodies of housing construction and the creation of conditions for the exercise of the right to housing; the provision of housing to the poor, other citizens specified in the law who need it, from state, municipal and other housing funds, free of charge or for an affordable fee.
The right to health care and medical care (article 41 of the Constitution) presupposes that the latter is free of charge in state and municipal health care institutions at the expense of the corresponding budget, insurance premiums and other receipts.
Socio-economic rights and freedoms include the right to education (Article 43 of the Constitution). Everyone is guaranteed accessibility and free of charge primary general, basic general, secondary (complete) general education and primary vocational education, as well as on a competitive basis free secondary vocational, higher vocational and postgraduate vocational education in state and municipal educational institutions within the limits of state educational standards, if a citizen receives education of this level for the first time.
In accordance with Art. 44 of the Constitution, everyone is guaranteed freedom of literary, artistic, scientific, technical and other types of creativity, teaching, the right to participate in cultural life and use cultural institutions, to access cultural property... The state guarantees the availability of all cultural achievements for citizens, wherever they live.

22 The electoral process in the Russian Federation: concept, main stages... The practice of holding elections to the org of state power of the Russian Federation.
"The electoral rights of citizens are one of the main guarantees of a real transition to a system of political democracy, that is, to a system of organization and functioning of the institutions of state power and local self-government, based on the free political will of citizens, periodic change of power based on the results of voting."
The totality of legal norms governing the right of citizens to elect and be elected to bodies of state power and bodies of local self-government and the procedure for exercising this right constitutes the electoral right.
The electoral law and the electoral process are closely interrelated and together form the political and legal mechanism for the formation of the basic institutions of representative and electoral democracy. The electoral process is a set of procedural state-legal norms governing the procedure for organizing elections for public authorities and local self-government bodies. An essential component in the electoral process is voters' trust in government and public institutions, election commissions that ensure the organization and conduct of elections. Civil trust, being an integral element of the legal culture of citizens and society, determines the meaning of the modern electoral process
Along with the general logical unity of the electoral process, it is necessary to note its division into stages in accordance with the needs, needs, goals and methods of implementation. The electoral process in the Russian Federation includes a set of stages established by law, consisting of specific electoral procedures and electoral actions. The stages of the electoral process are the stages of organizing and holding elections, within the framework of which the electoral actions provided for by laws are performed, as well as electoral procedures that ensure the implementation of the electoral rights of citizens of the Russian Federation and other electoral participants, the integrity, completeness and legitimacy of the electoral process in the formation of a representative body, election an elected official. Only a set of legally necessary and sufficient procedures and actions, stages as elements of the electoral process can ensure the constitutional and legal legitimacy of elections.
The main stages are:
1) the appointment of elections (the adoption by an authorized state body, local self-government body, official of a decision on the appointment of an election date, in accordance with the terms established by the constitution, laws, statutes);
2) registration and compilation of voter lists (all citizens of the Russian Federation who have the right to vote are included);
3) the formation of electoral districts, polling stations,
4) formation of election commissions;
5) nomination of candidates (lists of candidates) and their registration;
6) election campaigning;
7) voting and determination of voting results, election results and their publication (voting is personal, secret, the results must be published within a month.);
8) holding, in the cases provided for by law, a repeat voting, repeat elections, elections of deputies and officials instead of retiring, this stage can be attributed to the optional stages of the electoral process.

23 principles of electoral law gaps in their implementation in the Russian Federation ..
universality;
equality of Russian citizens in elections;
direct elections;
secret ballot.
The principle of universality means that every citizen of the Russian Federation who has reached a certain age, regardless of gender, race and nationality, religion, social origin, etc., has the right to elect and be elected to the appropriate representative body of state power.
The principle of equality of citizens of the Russian Federation in elections means that each voter has only one vote on an equal basis with others; all citizens participate in elections on an equal basis. This principle is additionally ensured by organizational and legal measures. For elections, constituencies of the same type are created, in which general norms of representation are established. These districts are equal in terms of the number of residents and the number of candidates elected from the district. Each voter can be included in only one list, can vote in this election only once. The ballot paper is issued on the basis of an identity document; a note is made in the voter list about the issue of the ballot paper.
Direct elections mean that deputies to all representative bodies of state power are directly elected by citizens. Direct elections, in contrast to multi-stage elections, are more democratic, since they provide direct expression of the will of the voters.
A secret ballot is expressed in the fact that during elections the possibility of any control over the expression of the will of the voter is excluded and the results of voting cannot be known to other persons. This principle is ensured by the fact that special booths for secret voting are equipped in the voting premises; ballot papers are not numbered and do not contain any marks that would allow identifying the voter.

24 state authorities of the constituent entities of the Russian Federation: Comparative characteristics.
government bodies in the constituent entities of the Russian Federation, as in the Russian Federation, are based on the principle of separation of powers into legislative, executive and judicial powers.
Organs the legislature- this is the Federal Assembly of the Russian Federation; people's assemblies, state assemblies, supreme councils, legislative assemblies of the republics within the Russian Federation; dumas, legislative assemblies, regional assemblies and other legislative bodies of power of territories, regions, cities of federal significance, an autonomous region and autonomous districts. The main feature of these bodies is that they are directly elected by the people and cannot be formed in any other way. In their totality, they constitute a system of representative bodies of state power of the Russian Federation. As legislative bodies, the representative bodies of state power express the state will of the multinational people of the Russian Federation and give it a generally binding character. They make decisions that are embodied in relevant instruments, take measures to implement their decisions and monitor their implementation. Decisions of legislative bodies are binding on all other bodies of the corresponding level, as well as all subordinate bodies of state power and bodies of local self-government.
The legislative bodies are divided into federal and regional (subjects of the Federation).
The bodies of executive power include, first of all, the highest body of federal executive power - the Government of the Russian Federation; other federal bodies executive power - ministries, state committees and departments under the Government of the Russian Federation; executive authorities of the constituent entities of the Russian Federation - presidents and heads of administrations of the constituent entities of the Federation, their governments, ministries, state committees and other departments. They make up unified system executive authorities headed by the Government of the Russian Federation.
It is characteristic of executive authorities that they are either formed (appointed) by the respective leaders of the executive branch - presidents or heads of administrations, or are elected directly by the population. The executive authorities carry out a special type of state activity, which is of an executive and administrative nature. They directly execute the acts of the representative bodies of state power, the decrees of the President of the Russian Federation, organize the execution of these acts or ensure their execution by their orders. The executive authorities are divided according to the territory of their activity into federal and subjects of the Federation. Federal - this is the Government of the Russian Federation, federal ministries, government committees and other departments. The bodies of the constituent entities of the Federation are the presidents and heads of the administrations of the constituent entities, their governments, ministries, state committees and other departments.
By the nature of their powers, the executive authorities are subdivided into bodies of general competence in charge of all or many branches of executive activity, and bodies of special competence in charge of individual branches or spheres of executive activity. The first of them include, for example, the Government of the Russian Federation and the governments of the constituent entities of the Federation, the second — ministries, state committees and other departments of the Federation and its constituent entities.
The judicial authorities are the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, other federal courts, as well as the courts of the constituent entities of the Russian Federation. The bodies of justice together constitute the judicial system of the Russian Federation. The main specific feature of these bodies is the exercise of judicial power through constitutional, civil, administrative and criminal proceedings. In accordance with the Constitution of the Russian Federation (Article 125), the judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings, is the Constitutional Court of the Russian Federation.
The highest judicial body for civil, criminal, administrative and other cases, jurisdictional courts general jurisdiction exercising judicial supervision over their activities in the procedural forms provided for by federal law and providing clarifications on issues judicial practice, is according to the Constitution of the Russian Federation (Art. 126) the Supreme Court of the Russian Federation.
The Constitution of the Russian Federation (Article 127) establishes that the Supreme Arbitration Court is the supreme judicial body for resolving economic disputes and other cases considered by arbitration courts, which exercises judicial supervision over their activities in the procedural forms provided for by federal law and provides clarifications on judicial practice. Court of the Russian Federation.

25. Legislative (representative) bodies of state power of the constituent entities of the Russian Federation
The legislative authorities are the Federal Assembly of the Russian Federation; people's assemblies, state assemblies, supreme councils, legislative assemblies of the republics within the Russian Federation; dumas, legislative assemblies, regional assemblies and other legislative bodies of power of territories, regions, cities of federal significance, an autonomous region and autonomous districts. The main feature of these bodies is that they are directly elected by the people and cannot be formed in any other way. In their totality, they constitute a system of representative bodies of state power of the Russian Federation.
As legislative bodies, the representative bodies of state power express the state will of the multinational people of the Russian Federation and give it a generally binding character. They make decisions, embodied in the relevant acts, take measures to implement their decisions and monitor their implementation. Decisions of legislative bodies are binding on all other bodies of the corresponding level, as well as all subordinate bodies of state power and bodies of local self-government.
The legislative bodies are divided into federal and regional (subjects of the Federation). The federal legislative and representative body of the Russian Federation is the Federal Assembly of the Russian Federation. It is a nationwide, all-Russian government body operating throughout the Russian Federation. All other legislative bodies operating on the territory of the Russian Federation are regional, operating within the respective constituent entity of the Federation.

26. The concept of the institution of the Presidency. The place and role of the President of the Russian Federation in the fed system of state authorities.
The President of the Russian Federation is the head of state (Article 80). This is a fundamentally new state institution for Russia, which has a significant impact on the entire system of state bodies. According to the Constitution of the Russian Federation, the President is directly elected by the people. The president is organizationally independent and does not directly belong to any of the branches of government, but ensures their coordinated functioning. The President closely interacts with the legislative body of the Russian parliament, has extensive powers in the sphere of executive power, and appoints federal judges | As head of state, he represents the Russian Federation within the country and in international relations, acts as the highest representative of state power, is the guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms, takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity. The position of the President of the Russian Federation in the civil defense system. At present, the procedure for the election, competence and grounds for the termination of the powers of the President of the Russian Federation are governed by Ch. 4 of the Constitution of the Russian Federation of 1993. In the Constitution of the Russian Federation, the President is characterized as the head of state (part 1 of article 80) - determines the structure of the Government, appoints and dismisses its members, decides on his resignation. The appointment of the Chairman of the Government is carried out with the consent of the State Duma, but even here the mechanism for resolving disagreements is such that the decisive word remains with the President. In Russia, the head of state is not simultaneously the head of the government, but has the right to preside over its meetings. See Art. 80 To the RF - the role of the President as the guarantor of the Constitution, human and civil rights and freedoms is very multifaceted. He has the right to apply to the Constitutional Court with a petition to invalidate the acts of the Federation Council, the State Duma, the representative bodies of power of the constituent entities of the Russian Federation (part 2 of article 125 of the Constitution), if he considers these acts unconstitutional. The President can cancel the acts of the Government, or suspend their effect until resolving the issue by the appropriate court. All this testifies to the fact that the President has the authority to exercise control over the observance of the Constitution. Acting as a guarantor, the President has the right to assess the content of the activities of the bodies accountable to him (the Government, the Security Council), as well as the leaders of those state structures, according to which the head of state makes proposals on personnel appointments. Through the message to the Federal Assembly, he can state his vision of the problem and orient the parliament on the implementation of priority bills in a particular area of ​​public life. He can submit draft laws on amendments and additions to the Constitution, federal constitutional federal laws. Controlling the Government, the President has a significant impact on the formation of the draft state budget, the spending of public funds directly affecting the level of social support of the population, the implementation of the socio-economic rights of citizens. 84 of the Constitution. The legal nature of the President's message to parliament is not clearly defined by law. On the one hand, the President determines the main directions of domestic and foreign policy, from which it can be concluded that the general guidelines and specific instructions contained in the message are mandatory. On the other hand, the message is not a normative act, it cannot contradict the laws adopted by the federal assembly and in any way restrict the legislative activities of the parliament.
The President also interacts with the judicial branch of government. See paragraph "f" of Art. 83 of the Constitution.

27. Order of election and inauguration of the President of the Russian Federation.
In accordance with the Constitution, the election of the President is carried out in the most democratic way - on the basis of universal, equal and direct suffrage by secret ballot (Article 81), for a period of six years.
The appointment of presidential elections is within the jurisdiction of the Federation Council (clause "d", part 1 of article 102 of the Constitution). Election Day is the first Sunday after the expiration constitutional term, to which the President was elected. The calculation of this period begins from the day of his election.
If the Federation Council does not call elections within the prescribed time, they are held by the Central Election Commission on the first Sunday of the month following the month in which the President's powers expire.
Early elections in case of termination of the President's powers before the expiration of the term for which he was elected, are called by the Federation Council after 14 days. In this case, voting day is the last Sunday before the month when 3 months expire from the date of early termination of powers. All terms of various stages of the election campaign shall be reduced by one quarter.
Elections are held throughout the territory. RF. Right to nominate a candidate for office belongs to voters, electoral associations, electoral blocs.
Requirements for a candidate:
- d.b. a citizen of the Russian Federation.
- he must have voting rights (must be legally capable and not serve a sentence of imprisonment)
- the lower limit of the age limit is 35 years.
- residency qualification - the candidate must permanently reside on the territory. RF for at least 10 years.
- one and the same person cannot hold the office of President of the Russian Federation for more than two consecutive terms.
Candidate for the position of St. RF was elected with - more than half of the votes (50% + 1 vote). who took part in the voting (but not less than half of those included in the voter lists). The second vote is appointed by the Central Election Commission of the Russian Federation - for two candidates who received the naib. number of votes. In the second voting, the person who received the largest number of votes was elected (but the number of votes for him must not be less than the number of votes cast against all).
If the elections are declared invalid (less than half of the voters from the lists participated), invalid (violation of the Federal Law), or if none of the candidates was elected, the Federation Council shall appoint repeated elections.
After the election of the President, the procedure for his inauguration as stipulated by the Constitution is carried out, which takes place on the 30th day after the official announcement of the election results by the Central Election Commission. It consists in taking the oath by the President in a solemn atmosphere in the presence of members of the Federation Council, deputies of the State Duma and judges of the Constitutional Court of the Russian Federation. The oath is taken to the people. Its text is set in Art. 82 of the Constitution. The symbols of presidential power in the Russian Federation are the standard (flag) of the President of the Russian Federation and the Sign of the President of the Russian Federation. Official symbols of presidential power are transferred to the newly elected President during the inauguration procedure after taking the oath of office. The President takes the oath on a special copy of the text of the Constitution of the Russian Federation.
The inauguration of the new President entails certain legal implications with regard to bodies appointed by the President: the Government resigns; persons who are members of the Presidential Administration, plenipotentiary representatives of the President in the chambers of the Federal Assembly, the Constitutional Court, and in federal districts submit applications for dismissal from their posts. Until the appointment of a new composition of these bodies, the latter continue to exercise their powers.

28. The procedure for the removal of the President of the Russian Federation from office.
The process of dismissing the president of the Russian Federation from office, enshrined in the Constitutional Court of the Russian Federation (Article 93), takes place as if in two, albeit interrelated, but relatively independent. stages.
At stage 1, the State Duma of the Federal Assembly of the Russian Federation initiates the process of dismissing Pr. RF from office by bringing charges against him in the state. cheating or otherwise serious crime... (the initiative of at least 1/3 of the State Duma deputies.), for this purpose it is to create a special. commission., consisting only of deputies of the State Duma, and receive from it, respectively. conclusion. The K RF does not indicate what should be contained in this conclusion. It seems that this commission should check: 1) compliance with the RF of the fact of initiation of at least 1/3 of the deputies of the State Duma 2) give a preliminary assessment of the available materials, which yavl. the basis for the charge. If the conclusion confirms the constitutionality of the initiation of the deputies, the State Duma will only then be able to continue the process. Then the DG must get concluded. Top. Court of the Russian Federation on the presence or absence in the actions of Pr. RF corpus delicti. In case of a positive conclusion Top. Court of the Russian Federation, the process of imprisonment Pr. RF from the position of Dr. continued. You also need a conclusion of the Constitutional Court of the Russian Federation on the observance of the established procedure for bringing charges. Such a conclusion is to be submitted by the Court of the Russian Federation to the Federation Council upon his request, i.e. after the adoption by the State Duma of the decision to bring charges Pr. RF
Stage 2 Along with the decision adopted by the State Duma on bringing charges to the Federation Council, the conclusions of the Supreme Court of the Russian Federation and the K. Court of the Russian Federation, and other documents are transferred. SF is obliged no later than 3 months. the term after the presentation of the charge by the State Duma to resolve the issue of removing him from office by 2/3 of the votes. If, within the above-mentioned period, the decision of the Council
The federation will not be accepted, the charge against the President is dismissed

29. The order of formation and structure of the Federal Assembly of the Russian Federation.
The Federal Assembly of the Russian Federation consists of two chambers of the Federation Council and the State Duma (Article 95). The bicameral parliament reflects the federal structure of our state. The lower house acts as a direct representation of various groups of the population, political parties and movements and is formed through national elections. The upper chamber is designed to reflect the specific features of federalism and acts as a representation of the subjects of the Federation (the Federation Council includes two representatives from each subject of the Russian Federation, one from the representative and executive bodies of state power (part 2 of article 95). Thus, the maximum possible number mandates of the Federation Council 178. The State Duma has 450 deputies (part 3 of article 95). Elections to the State Duma are carried out according to a mixed electoral system, when half of the majority system, and the other - on the basis of a proportional system. Currently, elections of deputies of the State Duma are held on the basis of the Federal Law "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation" dated June 24, 1999. In accordance with the law, State Duma deputies are elected on the basis of universal, equal and direct suffrage by secret ballot. Also, elections of deputies are held on the basis of the Federal Law on Amendments and Additions to the Federal Law "On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation" of June 24, 1999 Half of the State Duma deputies (225) are elected in single-mandate and electoral districts on the basis of a single norm of voter representation to a single-mandate electoral district, with the exception of electoral districts formed in the constituent entities of the Russian Federation, the number of voters in which is less than the single norm of representation. The second half of the State Duma is elected in a federal electoral district in proportion to the number of votes cast for federal lists of candidates for deputies nominated by electoral associations, electoral blocs .After registration as candidates by the relevant election commissions, they are included by election associations, election blocs in the federal lists of candidates, which are registered by the Central Election Commission of the Russian Federation. The collection of signatures and the posting of a deposit for registration of the federal list of candidates are canceled. An electoral association, an electoral bloc may nominate an additional list of candidates, which includes candidates for deputies of the State Duma who do not participate in elections in single-mandate electoral districts, and which is also registered by the Central Election Commission of the Russian Federation. whose federal lists of candidates received 5% or more of votes from those who took part in the elections and (or) candidates included in them won 12 or more single-mandate electoral districts
gah. Changes have been made to the procedure for distributing free airtime and print space among electoral associations, electoral blocs that registered federal lists of candidates. It is proposed to distribute free airtime and print space in proportion to the number of candidates included in the federal lists of candidates. An electoral association, an electoral bloc can transfer their free airtime and print space to candidates nominated in single-mandate constituencies. The procedure for forming the Federation Council of the Russian Federation is fundamentally different from the procedure for electing deputies to the State Duma. The Federal Law "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation" of 5 August 2000 developed and supplemented the fundamental norms of the Constitution of the Russian Federation on the procedure for forming the Federation Council: the Federation Council includes two representatives from each constituent entity of the Federation - one from the legislative and executive bodies of state power of the constituent entity of the Russian Federation; A member of the Federation Council may be a citizen of the Russian Federation who is at least 30 years old. A member of the Federation Council is a representative from the legislative body of state power of a constituent entity of the Russian Federation; for the term of office of the once-elected deputies of this body. A member of the Federation Council - a representative from the bicameral legislative body of state power of a constituent entity of the Russian Federation is elected alternately from each chamber for half the term of office of the corresponding chamber. RF for the term of his powers. Members of the Federation Council - representatives ex officio from the constituent entities of the Russian Federation in the Federation Council continue to exercise their powers until the entry into force of decisions on the election (appointment) of members of the Federation Council - a representative her from the legislative and executive bodies of the relevant constituent entities of the Russian Federation.

30. The State Duma (DG) of the Federal Assembly of the Russian Federation: the order of formation, the beginning of work, the internal structure.
State Duma - lower chamber of the Federal Assembly of the Russian Federation. Acc. from the Federal Law 09.06.1995 "On the election of deputies of the State Duma of the Federal Assembly of the Russian Federation" and other Federal Law. deputies of the State Duma are elected through general, direct, alternative elections for 4 years. Deputy of the State Duma m. B. elected a citizen of the Russian Federation, 21 years old According to the Constitution of the Russian Federation (Articles 95, 96 and 97), the State Duma consists of 450 deputies. Elections are appointed by the President within the specified period. If not appointed on time, the elections are held by the Central Elect. Commission.
The State Duma is elected with 450 deputies. 225 deputies are elected from single-mandate constituencies (one constituency - one deputy). The remaining 225 State Duma deputies are elected in a federal electoral district in proportion to the number of votes cast for federal lists of candidates nominated by electoral associations and electoral blocs. Based on the voting results, deputy mandates are distributed among the federal lists of candidates admitted to participate in the distribution of deputy mandates.
The procedure for the activity of the State Duma is determined by the Constitution of the Russian Federation and the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation.

Article 3 of the Constitution of the Russian Federation enshrines the essential features of such a concept as "the power of the people, defines the constitutional mechanism for its implementation, names the most important institutions of direct rule of the people in terms of their social significance and role, formulates constitutional guarantees of the legitimacy of the power of the people.

Power of the people - power by the people is an expression of the actual and legal ownership of the entire power of the people.

Power is inherent in every community of people. Communication between people is essential for the social existence of mankind. To regulate this communication, power is needed.

The concepts of "sovereignty" and "power" are organically interconnected. In the science of constitutional law, there are three types of sovereignty: popular, national and state. Sovereignty is the supremacy, independence and autonomy of state power. Among the three types of sovereignty, the central place belongs to popular sovereignty, which is defined as the supremacy and sovereignty of the people.

The sovereignty of the people is the constitutional principle of the organization and functioning of the power of the people.

The power of the people is based on their will, realized through various forms - state and non-state. Therefore, the constitutional formula is not accidental: "the only source of power in the Russian Federation is its multinational people." It is the will of the people that gives the quality of the legitimacy of state power, to all its forms.

Constitutional law, considering the category "people" as the bearer of sovereignty and power, at the same time distinguishes between the categories: "population of the country", "people in the state-legal sense", "electoral corps".

The people in the state-legal sense are a collection of individuals who have a legal connection with the state in the form of citizenship.

The actual population includes all those living in the territory of the state - both their own citizens and persons who are not citizens of Russia. The actual population can in quantitative terms be equal to or exceed the people.

A narrower constitutional and legal category is the category "electoral corps", which includes only Russian citizens who have an electoral legal personality.

The people exercise their power through various forms of democracy and the system of public authorities. Depending on the form of expression of the will of the people, a distinction is made between representative and direct (direct) democracy.

The Constitution of the Russian Federation in Part 2 of Article 3 has enshrined the following forms of exercising the power of the people: direct expression of will; through public authorities and local governments.

The fundamental feature of the current constitutional system of power of the people is that such a channel for its implementation is allocated as local self-government bodies, which are not part of the system of state power bodies.

Local self-government is not only one of the formulas for the implementation of democracy in the Russian Federation, it is one of the foundations of the constitutional system of Russia, it is an integral element and institution of Russian democratic statehood.

The current constitution of Russia clearly stated: it is necessary to distinguish constitutional system power of the people (part 2 of article 3) and the constitutional system of state power. The people, as you know, exercise their power in two forms of democracy: direct and representative. The latter is realized primarily through representative institutions and other elected bodies. For many years in the literature it was affirmed and the Soviet constitutional practice confirmed this that the main form of exercising the power of the people is the representative form of democracy. Nowadays it is incorrect in essence and incorrect in form. Information of the direct form of exercising the power of the people to the status of a secondary, auxiliary one objectively belittles its role and significance. This contradicts and constitutional principle the sovereignty of the people. Through direct democracy, the representative form receives legal authority from the people to exercise state power, that is, it is constituted.

The effective exercise of the power of the people is possible with a combination of direct and representative