The constitution is called the basic state law, a special normative act, which has the highest legal force in the country in whose territory it operates. The constitution defines the foundations of the social, economic, political and territorial system of the state. The main stages of the constitutional development of Russia will be described in detail in our material.
The first constitution in the history of the Russian state
For the first time in Russian history, the concept of a constitution was applied in 1815. Then Alexander the First granted this law to the Kingdom of Poland. By law, the newly created country was transformed into a hereditary type of monarchy, which "forever united with the Russian Empire." The governor was appointed by the king, in whose person only a Pole could be. An exception was made only for the viceroy from the representatives of the Imperial House.
Kingdom ConstitutionPolsky consolidated the system of legislative power, justice and territorial possessions. The law itself took the most important place in a series of main stages of the constitutional development of Russia. In fact, it was the first such law, which is completely uncharacteristic of a state with an absolute monarchy. Although the Constitution covered only one region, the very fact of its adoption was already considered a great achievement. However, in 1830 the law was repealed by Nicholas I. The reason lay in the strengthening of the absolute monarchy and the implementation of a tough conservative policy.
1918 Constitution: general provisions
The second main stage in the constitutional development of Russia took place in 1918. At this time, the formation of the Soviet state began. The first results of the transformations were reflected in the first Constitution of the Russian state, namely the Basic Law of the RSFSR. This normative act summarized, though small, but still the existing experience of state building.
Draft laws were developed by the All-Russian Central Executive Committee and the People's Commissariat of Justice. They were considered by a special commission of the Central Committee of the RCP(b). At a meeting of the Fifth All-Russian Congress of Soviets, which took place on July 4, 1918, a commission was formed to analyze the draft fundamental law. This was the first major stage in the constitutional development of Russia and the USSR. With some changes and additions, the Law was adopted on July 10.
Main Provisions of the 1918 Constitution
So, the law fixed that the Republic of Russia is a free country of the socialist type, which combinesrepresentatives of the working people. Power belongs to the workers' society, which is united in Soviets.
The law allowed the elimination of any kind of rights from the exploiter if they are used to the detriment of workers. Individuals were disenfranchised if they resorted to wage labor for profit. This applied to merchants, financial intermediaries and other residents who at least somehow tried to carry out entrepreneurial activities.
The adoption of the Constitution of 1918 - the first and main stage in the development of constitutional law in Russia - made it possible to talk about securing citizens their basic rights and obligations. Among the most important civic obligations, the need to work and serve compulsory military service should be highlighted. Such democratic freedoms as freedom of conscience, press and speech, freedom of assembly, the possibility of joining unions, etc. were also consolidated.
Features of the 1925 Constitution
The second main stage in the constitutional development of Russia was the adoption of the main state law of 1925. Russia, along with a number of other independent republics, became part of the USSR. For this reason, a normative act was adopted.
By the way, the second constitutional draft was adopted back in 1924. However, a year later it was reformulated. Perhaps the reason for this lay in the norm, according to which the republics of the Union have the right to amend their own legislation.
The 1925 constitution is largelyborrowed many provisions from the previous Law, adopted back in 1918. The law did not include the text of the Declaration of the Rights of a Working and Exploited Society, but noted that it proceeds from its basic provisions. Also, the wording about the suppression, violence and liquidation of "parasitic" representatives of the social system disappeared from the Constitution. Provisions on the world revolution were also cut out. The Law itself has become more stringent from a legal point of view, and therefore has taken a worthy place in the system of the main stages of the constitutional and legal development of Russia.
The 1937 Constitution: Public Authorities
USSR was to take the path of a completely new stage of development. In this regard, there was a completely logical need to update the entire constitutional system of the state. A feature of the new stage was the complete elimination of exploitative elements.
To understand what the Law of 1937 introduced into the system of the main stages of the constitutional development of Russia, let us briefly outline its main features.
The first moment is connected with the preservation of the class essence in the state. The system itself embodied the proletarian dictatorship. This was mentioned in norm 2 of the Basic Law of the RSFSR of 1937. The form of class entity expression has changed. Also, due to the elimination of classes of an exploitative nature, political civil rights were abolished on a social basis. The equal, universal and direct right of voters was introduced on the principle of secret ballot. Also Lawestablished the principle of equality of citizens.
The second point is related to the appearance in the Law of a separate chapter on the basic duties and rights of citizens. The ability to use political rights was guaranteed according to the interests of working people to strengthen the socialist system.
State system under the Constitution of 1937
The third key point lies in establishing the priority and commanding role of the Communist Party. At that time it was called the CPSU (b). The party itself was turning into a kind of state structure.
The Constitution has acquired a qualitatively new legal form. The law reflected such state-legal institutions as "Social and State Structure", "Rights and Duties of Citizens" and much more. All this was a completely new turn in the system of the main stages of the constitutional development of the Russian Federation (Russian state).
The Constitution reflects the federal structure of the RSFSR as qualitatively as possible. Independent chapters about the highest instances of state power began to appear, norms about national districts were prescribed. Thus, the Law was a completely new element in the system of the main stages of the constitutional development of the Russian Federation. The rest of the steps will be briefly discussed below.
The 1978 Constitution: major changes in the system of law
The development of the constitutional system of the Soviet state was continuous. Therefore, in 1977, a new basic law appeared, on the basis of which the Constitution will be adopted in 1978. Throughout his workThis normative act has been subjected to quite large changes several times. All of them, one way or another, affected the content of individual norms or the very essence of the Basic Law.
The status of the RSFSR was affirmed as a union republic within the Soviet state. The Constitution itself in the last stages of its existence was quite unstable, and the changes were of a significant nature. For this reason, the characteristics of the 1978 Law have different content depending on the period of validity. Let's outline the main features of the law in the first 10 years of its operation.
State changes under the 1978 Constitution
Adoption of the rule on the entry into force of a new main stage of the constitutional development of Russia. The general characteristic of this stage is reflected in the title: "developed socialism". The USSR itself was turning from a state with a proletarian dictatorship into a nationwide country.
The second point was about the Communist Party. Her special role was emphasized. Finally, the Law itself preserved the class orientation of democracy. The concept of socialist democracy was introduced.
Of other features, a new provision on the federal structure should be highlighted. Thus, national circles were transformed into autonomous ones. The RSFSR itself was declared a sovereign state.
1991 Constitutional Court Law
Providing a testimoni althe main stages in the development of the science of constitutional law in Russia, it is impossible not to note one rather important law. It was adopted after the collapse of the Soviet state, but before the adoption of the Russian Constitution in 1993.
The law of the RSFSR consolidated the concept of a new state instance, which was the highest judicial body for the protection of the constitutional state system. It exercised its power in the form of constitutional proceedings. The court had the right to exercise its power through three essential powers:
- provision of opinions in cases established by the Law;
- consideration of cases on the constitutionality of normative acts and agreements of international type;
- consideration in meetings of cases on the constitutional nature of law enforcement practice.
On the basis of some provisions of the considered normative act, the current Constitution was adopted. In 1994, a new Federal Law was adopted, this time for the Russian Federation, on the status and principles of the Constitutional Court.
Adoption of the 1993 Constitution
Having briefly de alt with the main stages of the constitutional development of Russia, it is necessary to characterize the current fundamental law of the country. As you know, in 1990-1991. the collapse of the old, Soviet system. All republics, including the RSFSR, signed the Declaration of their state sovereignty. The SND adopted the document on the sovereignty of the RSFSR on June 12, 1990. The same document statedthe need to develop a new law based on the principles proclaimed in the Declaration.
In September 1993, Yeltsin signed a decree according to which the SND and the Supreme Soviet of Russia ceased to operate. On the same day, the Law on the need for a phased constitutional reform was adopted. Already on October 15, the project was adopted, and on December 12 it was approved at the All-Russian vote.
Main provisions of the 1993 Constitution
The structure of the Law consists of two sections and a preamble. The first section contains nine chapters, the second contains final and transitional provisions.
The system of Soviets was abolished by the New Law. The lands and subsoil were fixed as public property. The concept of fair wages has been eliminated. Instead, the minimum wage was introduced. Russia itself became a symmetrical federation. The powers of all its subjects became the same. The presidential term was reduced from 5 to 4 years. The Federal Assembly (Parliament) was formed, as well as a number of other important state bodies.
The 1993 Constitution established such instances as the State Duma, the government, the Federation Council, the legislative and executive bodies of the subjects, as well as a special system of courts. The rights and obligations of citizens have changed significantly.
