Art. 15 of the Constitution of the Russian Federation with commentaries. Interpretation Art. 15.4 of the RF Constitution

Today, most states are inclined to create a civil society, led by democratic principles. In some states it is already present. Of course, this state of affairs was not at all times. Initially, people existed in small social formations: communities, tribes, etc. But over time, there appeared more effective forms of organization, from the point of view of coordination of large masses of people. This was the state.

The complexity of this structure is that its functioning directly depends on the internal regime of society's coordination. To the last element was at a high level, it is necessary to create a fairly powerful mechanism of social regulation.

So today is the right. It penetrated almost all spheres of human life. In addition, law is the basis of a democratic regime and civil society. This fact is evident in the constitutions of many countries, including the Russian Federation. The key provision of law and the basic law as attributes of the regulation of society is spelled out in Art. 15 of the Constitution of the Russian Federation, which will be discussed later.

What is the basic law?

Law is the basis of almost all legal relations existing today. However, if we take into account specifically the Russian Federation, in our country this institution of public administration is subordinated to the norms of a single document, the basic law - the Constitution. This normative act is characterized by the highest legal force and the existence of norms that fix the specifics of the activities of the highest state bodies, the territorial organization of the country, and so on.

Thus, the Constitution is the basis of the legal system and all relations arising on the territory of Russia. The basic law in the Russian Federation has a written form and a special procedure for introducing changes, which does not enable the "lawmaking" of the normative act under itself to different political groupings. The existence and operation of the Constitution is the basis of democracy in the country.

Structure of the fundamental law

Constitutional norms are located in the law in a special way. This allows them to be used most effectively in the process of regulating certain relationships. The modern Russian Constitution has two sections. Key norms are presented in the first. In this part of the Constitution the provisions of the state system are fixed. The most important is art. 15 of the fundamental law. It is endowed with its own specifics, and it also has a rather strong influence on the legal system of the Russian Federation.

Article 15 of the Constitution: a description

Many of the norms of the basic law have a great influence on the state of affairs in Russia. In this case, Art. 15 of the Constitution of the Russian Federation fixes the legal status of the key regulatory act of the state and its specifics. The structure of this rule includes four parts. The first two relate directly to the legal status of the Constitution. The third and fourth parts explain other points of the legal system of the state. In order to fully understand the provisions of Art. 15 of the Constitution of the Russian Federation, it is necessary to consider all its parts separately. This will provide an opportunity to understand the specifics of the basic law and the role that it plays in modern Russia.

Part 1 of Article 15 of the Constitution

At the beginning of this rule, the essence of the fundamental law and the fact that it is so called are explained. Part 1 of Art. 15 of the RF Constitution fixes the supreme legal force of the normative act. Thus, in accordance with the provisions of this element of the article, the basic law is an act of direct action, or an absolute norm. The existence of this principle of the operation of the Constitution proves its legal nature. In other words, it exists for the benefit of society.

The Basic Law consolidates the common social interest and implements effective regulation of human relations. In addition, all the created normative acts on the territory of Russia can not contradict the Constitution and its individual provisions. This means that in the process of issuing the NAP, the authorized bodies must take into account the norms of the basic law and the specifics of the legal regime that they establish. Otherwise, the normative acts can be recognized as simply invalid.

Principle of territoriality

Another important aspect of Part 1 of Article 15 of the Constitution of the Russian Federation is the provision on the territoriality of the law. The legal force of the key normative act of the Power extends to the entire Russian Federation. In other words, regardless of the region or region, the legal regime will be the same. In this case, no subject can change it depending on their own interests.

Mandatory publication of legislative acts

Normative documents, in the structure of which there are legal provisions, are of great importance for the entire legal system of the state. The bottom line is that it is thanks to laws and by-laws that the state has an exceptional opportunity to directly regulate society. Therefore, to the normative documents of this kind, rather serious demands are put forward, one of which has a constitutional status. Part 3 of the Basic Law refers to the need for the official publication of all laws without exception. Interpretation Art. 15 of the Constitution of the Russian Federation, namely the presented element of the norm, provides an opportunity to understand two fundamental features:

• First, any law is created by implementing a certain, normatively established procedure;

• Secondly, the official publication of the NPA implies the reporting of their provisions to the population of the Russian Federation.

Thus, any laws and other official documents adopted in the territory of the modern Russian Federation must meet the submitted requirements in full. Otherwise, their action will be declared illegitimate.

The principle of non-application

In part 3 of Art. Article 15 of the Constitution also refers to the conditions under which the effect of the created laws can not be implemented. The bottom line is that neglect of the need to publish the NRA is a direct contradiction to the basic law. This means that the issued regulatory documents do not actually have legal legal status. In turn, this fact, as we understand, prohibits the use of such laws.

Constitution of the Russian Federation, art. 15, paragraph 4: interpretation

One of the most important problems of the modern legal system of any state, including Russia, is the question of the legal status of international acts (treaties, conventions, etc.). The bottom line is that the sphere of international law is very developed to date. Its norms are increasingly penetrating the national legislations of many states.

In this issue, the Russian Federation is not an exception to the rules. After all, our state is increasingly trying to join the world community and the tendencies that exist in it. Therefore, the provision of international normative acts is fixed directly in the basic law. Part 4 of Art. 15 of the Constitution of the Russian Federation says that interethnic acts are part of the legal system of modern Russia. That is, the use of the norms of international law is not simply allowed, but it is also a self-evident moment.

Of course, this state of affairs is very positive, since Russia can use foreign experience in the process of regulating certain social relations. Thus, the interpretation of Part 4 of Art. 15 of the Constitution of the Russian Federation shows that international official documents are a significant part of the basic law.

Conflict of national and supranational norms

If you analyze in detail art. 15 point 4 of the Constitution of the Russian Federation, in this part of the norm one can see the situation that resolves the problem of "dispute" between the internal official documents and international ones. The peculiarity is that priority is given in all cases to norms of supranational law. An excellent example are the moments when the same legal relations are regulated differently by provisions of RF acts and by any international documents. In this case, the latter will have priority. This approach allows us to more fully and effectively integrate into the trends that currently exist in the world community.

Conclusion

So, in the article we examined Art. 15 of the Constitution of the Russian Federation with commentaries. The provisions of this rule are of great importance for modern Russia, as they show the legal status of the basic law and other official documents of the state.