CONSTITUTIONAL LEGAL RELATIONS IN THE SCIENCE OF CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION

被引:1
|
作者
Lungu, Evgenia, V [1 ,2 ]
机构
[1] Kuzbass Inst Fed Penitentiary Serv, Novokuznetsk, Russia
[2] Kuzbass Inst Fed Penitentiary Serv, State Law Disciplines, Novokuznetsk, Russia
关键词
Subject of constitutional law; constitutional legal relations; state-legal relations; constitutional law; features of constitutional legal relations;
D O I
10.17223/22253513/34/8
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
To the ideas of building constitutional legal relations in Russia returned in the early 90s of the XX century. The return to them is connected with changes in the social and political life of Russia, with recognition of the values of the rule of law, democratic processes. It is during this period that constitutional legal relations are replaced by state-legal relations. Understanding the essence of constitutional legal relations in the works of the post-Soviet period is reduced in fact to the terminological replacement of the concept of state-legal relations with constitutional-legal relations. State-legal relations and constitutional legal relations differ in the following features: The goal of state-legal relations is reduced to state construction. The purpose of constitutional legal relations is to build a state of law. The subject of state-legal relations is the relationship regarding the organization of state power, the subject of constitutional legal relations the principles of human-state interaction. The leading subject of state-legal relations is the state, the subjects of constitutional legal relations are equal, while the leading role of the people (man) is recognized. State-legal relations determine the content of public legal relations and are inextricably linked with administrative-legal relations. Constitutional legal relations define the meaning of all branches of Russian law, fulfilling the leading role. State-legal relations are distinguished by the presence of many specific legal ties deeply penetrating into public law relations, including the boundaries of the realization of human rights. Constitutional legal relations are largely general in nature, defining the meaning of constitutional principles while not interfering in the implementation of sectoral legal relations. In contrast to state-legal relations, constitutional legal relations have the following features: First. Constitutional legal relations are aimed at achieving the development goals of the Russian state, namely, the construction of a legal state. They are intended to limit public will. Second. Constitutional legal relations are the framework of the entire system of legal relations in the Russian Federation, provide its internal unity, hierarchy, and form the directions of its development. Third. The constitutional legal relations lay the foundation for all other types of legal relations in the Russian Federation, including state-legal relations. Fourth. Constitutional legal relations, having the highest degree of generalization, can find further implementation in any other types of legal relations, while creating multilayered systems of legal relations. Fifth. Constitutional legal relations are developed under the influence of the development of the concept of the legal state. In conclusion, the following conclusions can be drawn: In the science of constitutional law, two types of legal relations should be distinguished by constitutional legal relations and state-legal relations. The type of legal relations is due, among other things, to the role in the system of public relations. Constitutional legal relations are the most generalized, Fundamental legal relations forming the framework of the system of legal relations of the Russian Federation and ensuring its internal unity and hierarchy in the process of building a legal state.
引用
收藏
页码:89 / 96
页数:8
相关论文
共 50 条
  • [21] Regional Constitutional Justice in the Russian Federation
    Henderson, Jane
    [J]. EUROPEAN PUBLIC LAW, 2008, 14 (01): : 21 - 33
  • [22] Constitutional Law of the Russian Federation and Central Asian Countries: The Unique and the Universal
    Anichkin, Evgeniy S.
    Ryakhovskaya, Tatyana I.
    [J]. TOMSK STATE UNIVERSITY JOURNAL, 2019, (440): : 195 - 203
  • [23] Ordinamental pluralism and constitutional law: law as relations between legal systems
    Garcia Majado, Patricia
    [J]. TEORIA Y REALIDAD CONSTITUCIONAL, 2022, 49 : 495 - 498
  • [24] THE ROLE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN REINFORCEMENT AND DEVELOPMENT OF CONSTITUTIONAL VALUES
    Tatarinov, Sergey A.
    [J]. TOMSK STATE UNIVERSITY JOURNAL, 2018, (432): : 224 - 230
  • [25] ON IMPORTANCE OF LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION FOR APPLICATION IN FAMILY LEGISLATION
    Gladkovskaya, E. I.
    [J]. VESTNIK PERMSKOGO UNIVERSITETA-JURIDICHESKIE NAUKI, 2013, (01): : 117 - 124
  • [26] Constitutional-Legal and Political Responsibility of Political Parties in the Russian Federation to Electors
    Gutorova, Alla N.
    Andreev, Sergey D.
    Arutyunyan, Tatyana I.
    Korovin, Vladimir V.
    Troyan, Vlalimir A.
    [J]. CUESTIONES POLITICAS, 2020, 37 (64): : 62 - 72
  • [27] MEASURES OF CONSTITUTIONAL LEGAL ENFORCEMENT IN THE CONSTITUTIONAL LAW OF BRAZIL
    Tretyak, Irina A.
    [J]. PRAVOPRIMENENIE-LAW ENFORCEMENT REVIEW, 2020, 4 (01): : 29 - 36
  • [28] The Constitution of the Russian Federation and the Russian and European constitutional tradition
    Kieronczyk, Przemyslaw
    [J]. PRZEGLAD SEJMOWY, 2010, (01): : 215 - 219
  • [29] Principles of Law and Electronic Constitutional (Statutory) Justice in the Constituent Entities of the Russian Federation
    Khabibullina, Gulnara Rushanovna
    Shaikhiev, Rishat Islamovich
    Salikhov, Damir Ravilyevich
    [J]. CUESTIONES POLITICAS, 2021, 39 (68): : 612 - 619
  • [30] POWERS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION: PROBLEMS OF THEORY AND PRACTICE OF CONSTITUTIONAL JUSTICE
    KHudoley, K. M.
    [J]. VESTNIK PERMSKOGO UNIVERSITETA-JURIDICHESKIE NAUKI, 2011, (02): : 71 - 84