Structure of the Constitution

The structure of the Constitution is a special order. By means of it, a special system is formed, which allows to group uniform constitutional norms into chapters, sections and establish the sequence of location.

The features of the Constitution of the Russian Federation at different times were manifested in different ways. The provisions reflected the features of the dominant ideology, the degree of development of one or another area of social relations, the level of their preparedness for legal influence, as well as the processes of improving legal technique.

Characteristics of the RF Constitution

The generalization of norms to specific unified complexes (chapters, sections) uses the similarity of the object (subject) of regulation, that is, the direct relationship of norms with the characteristics of those social relations to which influence is effected.

The structure of the Constitution presupposes the sequence of the location of the corresponding normative complexes. Ordering depends on various factors. First of all, it is important to take into account the interrelation of all norms with each other, the production and the primacy. In addition, the structure of the Constitution is directly dependent on certain concepts that form the basis of its provisions. These and other factors are important in the comprehension of the whole system of the provisions of the Basic Law, accounting for which is considered an integral component included in qualified law enforcement activities.

The structure of the Soviet Constitution was notable for its legal imperfection. Norms, especially in the section on general provisions, were grouped without proper systematization and logical explanations. Until 1937 there was no section in the Basic Law that enshrined civil rights. After this section took the last place in the Constitution. Only in the Basic Law, adopted in 1978, the section on the rights and duties of a citizen was placed on the second position, after a set of provisions on the fundamentals of politics and the social system.

In the process of drafting the 1993 Constitution, it was proposed to put the section on freedom and rights of citizens in the first place. In a number of countries, this set of provisions opens the Basic Law. However, in Russia such a structure was not adopted. This has its logical explanation. Thus, it is considered non-objective to begin the Constitution with a section that consolidates the freedoms and rights of the people, without defining the bases in accordance with which a society is organized, of which citizens are members. At the same time, the freedoms and rights of the population are established in the second chapter, where they are recognized as the highest value and the most important foundation of the state system of the country.

The Constitution contains a preamble and two sections. The first contains, in fact, the Basic Law. This section includes 9 chapters on:

1. The fundamentals of the constitutional system.
2. Freedoms and rights of a citizen and a person.
3. Federated device.
4. President of the Russian Federation.
5. The Federal Assembly.
6. Government of the Russian Federation.
7. The judicial power.
8. Local self-government.

The ninth chapter contains provisions on constitutional amendments and the revision of the law. In the second section there are "Final and transitional provisions".

It should be noted that this structure of the Basic Law has significant differences from those that existed in the state before (during the Soviet era, in particular). So, previously there was a preamble, eleven major and six additional sections. The main part was the Federative Treaty. In the complex of the provisions of the Constitution today, the conceptual ideas on which the constitutional system of the state is based are reflected primarily.