The subject of constitutional-legal relations in the Russian Federation
The state system is a complexpolitical and legal structure, functioning due to the population of a certain territory and its activities. It is worth noting that such a system of organization of society did not exist at all times. Initially, people were united in the framework of small groups based on the kinship of the members. However, over time, systems of this kind began to expand. The kinship factor was replaced by common interests and goals. Such a status of the state largely caused the need to create a universal regulator of public relations, which would help to establish control over the entire population of a particular country. This regulator was the right.
Take for example the Russian Federation. In our country, all people produce activities on the basis of legislative norms, which are mandatory. At the same time, the legal system of the Russian Federation has a structured appearance. Its basis is the Constitution - the highest normative act of the state. In this case it should be noted that the specificity of the basic law stipulates the uniqueness of legal relations, which are directly regulated by its norms. In addition, subjects of constitutional interaction are quite interesting. To date, in the theory of law, a large number of doctrinal developments have been worked out on the specifics and types of subjects of constitutional legal relations.
Features of the RF Supreme Law
The Constitution of the Russian Federation is the basis of the legal systemour state. That is, the provisions of this normative act are fixed by the peculiarities of the formation of higher bodies of power, the key human rights and freedoms, as well as other important aspects of the legal field of the state. The Constitution consists of 9 chapters, each of which represents statements on those or other aspects of the country. In the Basic Law, a significant share of the norms fixes the position of the judiciary and the prosecutor's office in the Russian Federation, which is one of the "levers" for securing the rule of law. But, in addition to the normative form, the Constitution can be considered as a sphere of legal activity, which has a certain specificity. In accordance with this, we can talk about the existence of a constitutional form of legal relations and the entities that are their participants. It should be noted that the subjects and objects of constitutional and legal relations are interrelated. The first category enters into interactions on the basis of certain facts of reality, which are called objects.
Interaction between people has a legalsubtext, which is expressed in the settlement of all actions by legal norms. Constitutional legal relations in this case are no exception. They represent one of the types of interaction between specific actors, which is related to the need to satisfy the interests of the latter, through the use of constitutional means. Relations of this kind are public and are regulated in large part by the main legislative act of the state. The category is a system concept, which indicates the existence of its constituent elements. The presented moments make it possible to draw a conclusion about the exceptional specificity of constitutional-legal relations. Subjects of constitutional law, entering into them, exercise their rights and duties in a specific legal framework, which is also a feature.
Features of the category
There are many factors thatconstitutional legal relations are unique in their kind. To date, the following features of the presented legal category are singled out in theory:
- special internal content due to the public orientation of constitutional legal relations;
- limited subject circle;
- a variety of objects of constitutional and legal relations.
The legal orientation of constitutionallegal relations manifested in their structure. In fact, the category system is standard, that is, similar elements can be found in other legal industries. However, the essence of the internal components is unique. Thus, the structure of constitutional legal relations includes:
- an object;
- content of interaction.
In our case, the main interest is caused by such an element as the subject of constitutional and legal relations. This element is endowed with its own characteristics, and also has varieties.
Content of legal relations
Between the elements of the constitutionalinteraction there is a certain relationship, manifested in the essence of their immediate activities. In other words, the third element of the category, presented above, determines the features that characterize constitutional-legal relations. Subjects, content in this case are complementary functions. After all, content is a package of rights and obligations of the parties in constitutional legal relations. Thus, the parties are an important component of the interaction of the presented type, since it has unique characteristics.
Subjects of constitutional and legal relations - concept
Interaction of any kind is impossible without availabilityparties. The subjects of constitutional and legal relations are in this case legal and natural persons who are endowed with an exceptional opportunity to organize their activities in a certain legal sphere. That is, these parties are endowed with special rights and duties of a constitutional nature. It should be noted that the circle of subjects is extensive. However, in some cases, the parties can only participate in constitutional-legal relations because of their legal status. At the same time, it should be noted that the activities of the subjects are carried out to address the most important issues of primary national importance. This largely explains their specifics. Analyzing all of the above, we can conclude that the subjects of constitutional and legal relations are legal entities and individuals who are entitled to exercise their exceptional capabilities in certain legal frameworks.
Types of parties
Earlier we have already pointed out that not every personcan be a participant in constitutional and legal relations. This, of course, is due to the specifics of this kind of legal interaction and, of course, the objects about which it arises. Types of subjects of constitutional and legal relations in the theory of jurisprudence are conditionally divided into several main groups. These include the following:
- directly people;
- the state and its subjects;
- territorial and political entities;
- persons vested with official powers and bodies of state power.
This list of subjects characterizes the mainparticipants in constitutional and legal relations. In addition to them, there are persons who are given the legal capacity of a special kind. Among these are political parties and, of course, individual citizens of the Russian Federation.
Features of subjects of constitutional and legal relations
On the characteristics of the parties mentioned in the articlelegal industry can say a lot. In this case, all statements are based on any facts, and also have their adherents. If we talk about the most classical approach to the consideration of subjects of constitutional and legal relations, then they are characterized by the following features:
- the parties of interaction of this kind win back a significant role for the entire state as a whole;
- their activity is connected with the most important legal objects of modern reality;
- subjects exist within the framework established by the Constitution;
- they have specific rights and responsibilities.
It is worth noting that each subjectconstitutional-legal relations functions within certain limits established by the basic law. In accordance with this, we can talk about the existence of such individuals are completely unique opportunities that are not available to parties of legal relations of a different type.
Entitlements of subjects
The content of any legal interactioncharacter consists of a whole system of possibilities and mandatory prescriptions. Subjects of constitutional and legal relations of the Russian Federation are endowed with a number of rights and duties inherent only to them. As for opportunities, they are individual for each side. This is due to the specifics of the subjects, which include, as we already know, the state, its territorial formations, bodies, etc. Obligations, in turn, are divided into several groups, namely:
- general (the need to comply with the provisions of the Constitution);
- duties of a personal nature (the need for public associations to publish reports on the use of their property);
- responsibilities are specific, which are inherent in individual subjects and are characterized by a high degree of formalism.
Thus, each individual subjectconstitutional-legal relations, has a wide range of powers and a number of certain obligations. At the same time, each side is unique in its essence. Therefore, for a more precise understanding of the activities of the subjects, it is necessary to consider them separately.
Participation of the state in constitutional-legal relations
The country, in addition to political functions, hasset of legal directions of activity. For example, earlier we highlighted the fact that the state is a subject of constitutional and legal relations. That is, the state is the guarantor of the realization of the entire legal field. This factor is manifested in the exclusive authority of the state to implement law-making. In other words, the Russian Federation, thus, everywhere modernizes its legal system.
The subject of constitutional-legal relations is alsothere may be structural elements of Russia. They are also entitled to exercise law-making. Only the action of the acts issued by the constituent entities of the Federation will extend only to the territory of the state element. The specifics of the accession of the state and its structural elements to legal relations are characterized by the fact that they participate in them directly, and not through their bodies.
People in the framework of constitutional cooperation
The state is a powerful statesocial education, whose activities are guided by laws. But society can not be viewed within the framework of the totality of individual individuals. The society is an organism that has its own will, methods of action, etc. As for the sphere of constitutional law, in it the people are the sole bearer of the power and sovereignty of the Russian Federation. This fact is extremely important, because the activities of the state in this case must meet, first of all, the interests of its society. In constitutional-legal relations, the people of Russia exercise their rights through an electoral process and, of course, a referendum. The latter category is a direct type of socium activity. In this case, the population resolves issues of national importance.
The question of indivisibility is of great importancesociety as a single subject of constitutional and legal relations. However, there are times when the population of a territory is an independent representative of their interests. An excellent example is the participation of the municipal population in constitutional-legal relations. As a rule, the isolation of a society of a constituent entity of the Federation exists at those moments when relations arise over the activities of a specific territorial formation.
The legal status of government bodies and officials
Attitude to regulatory activitiesThe main law is not only the subjects of the Russian Federation. Subjects of constitutional and legal relations are also bodies of state power and a number of officials whose functions are quite specific. State bodies enter into legal interaction on the basis of their belonging to the judicial, executive or legislative branch of government. At the same time, their rights are conditioned by their competence, that is, a range of specific issues that are subject to the activities of any Russian agency.
Equally important role played by officials. The subjects of constitutional and legal relations to date are: the chairman of the Constitutional Court of the Russian Federation, the president, the prosecutor general, etc. The most important position in this list of parties is the head of state. Its range of powers includes managerial, representative, as well as certain law-making functions. In constitutional relations, the president enters directly.
Characteristics of territorial and political entities
Participants in constitutional relationsthere may be special structures. These include territorial and political entities, namely: towns, districts, urban areas, etc. This subject of constitutional and legal relations is characterized as a territorial and political phenomenon. The latter interpretation testifies to the exclusive role of society in the process of the activity of such entities. In constitutional-legal relations, they enter through their governing bodies.
So, in this article we have consideredconstitutional and legal relations. The concept, subjects, types of this category are important components of the process of its study. However, only through the specifics of the activities of specific parties, one can most fully analyze the functionality, regulatory regulation and the scope of the emergence of constitutional and legal relations in the Russian Federation.