Legal Properties of the Constitution of the Russian Federation

The main law of the state is called upon to regulate the most important social relations. The provisions therein do not apply to the detailed regulation of certain types of relationships. The legal features of the Constitution allow this document to remain stable and long-term.

The document in question has its own peculiarities. The features of the Constitution make it possible to distinguish it from the adopted acts of existing legislation.

One of the main characteristics of the document is its supremacy in the entire system of legislative acts of the country. This characteristic determines the remaining legal properties of the Constitution. The supremacy is enshrined in Article 15. According to the text of the provision, the legal properties of the Constitution, its direct effect extend to the entire territory of the Russian Federation. All other regulations adopted in the country should not contradict the main legal document.

The legal features of the Constitution stipulate the beginning of all normative acts of all existing branches of law. If there is a conflict between the prescriptions of the main legal document of the country and other normative acts, the latter are subject to change or cancellation. For example, Article 35 of the Constitution establishes the right of the President to suspend the acts adopted by the executive bodies of the entities in the event that they contradict the Constitution.

The federal structure of Russia provides for the direct operation of the provisions of the main legal document of the country. The change and adoption of the provisions constituting the Basic Law, control over the execution of the prescription belongs to the jurisdiction of the Russian Federation, to its exclusive competence.

The main norms are based on all existing and current legislation of both the country as a whole and its subjects. The drafting and adoption of a new Constitution presupposes a thorough revision of the content of all branches of the current legislation. At the same time, analysis of the formation of the main provisions of law indicates that the relationship between them and the acts of existing industries is inexpedient to reduce exclusively to the determining impact. There is also a feedback. It is expressed in the influence of the content of sectoral provisions on the content of the foundations of the Constitution.

Important in the legislative process is the procedure for the adoption and amendment of the main provisions. This procedure is enshrined in Chapter 9 (on constitutional amendments and revision of the Constitution). The President, the State Duma, the Federation Council, the Government, representative bodies from the subjects, as well as deputy groups from the State Duma and the Federation Council, whose number is no less than one-fifth of the total number of members of the Chamber, have the right to introduce changes and revise the provisions.

To change those or other chapters, there is a procedure for review and modification. Thus, Chapters 9, 2 and 1 can not be revised in the Federal Assembly. In the event that proposals on changes still come, and they will be supported by three-fifths of the total number of deputies of the State Duma and the Federation Council, then, according to the federal law, the Constitutional Assembly will be convened. This meeting will either confirm the immutability of the provisions, or begin to develop a new project. The new Constitution can be adopted by two thirds of the total number of participants in the Constitutional Assembly. Adoption of a new draft can be made and to a popular vote. It is considered that the Constitution is adopted if more than half of the citizens who took part in the popular vote voted for it. At the same time, the number of participants should be more than half of the population.