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Реферат Constitutional system of the Russian Federation and role of the constitutional court in its protection

















Constitutional system of the Russian Federation and role of the constitutional court in its protection



The constitutional fundamental of institutionalism of the civil society are the regulations of Article 30 of the Constitution of the Russian Federation stipulating the right of each person to association, including the right to create trade unions for protection of the interests guaranteeing freedom of activity of public associations and forbidding compulsion to join any association or stay in it. Existing in the general system of the constitutional regulation of social life, the given regulations are in indissoluble unity with such principles of the fundamentals of the constitutional system of the Russian Federation, as ideological and political variety, multi-party system (Part 1 and Part 3 Article 13 of the Constitution of the Russian Federation), equality of public associations under the law (Part 4 Article 13), secular character of the state, including inadmissibility of establishment of any religion as state or obligatory, and division religious associations from the state (Article 14) .their complicated structural normative potential they, on the one hand, are the precondition for creative public activity of the citizens through participation in collective forms of upholding of the civic stand and common civic interest, and on the other hand, they cause the requirement inverted to public authority of creation of appropriate organizational - legal mechanisms of party and political and religious self-expression.of these social formations - political parties and religious associations - as special objects of constitutionally legal maintenance and, accordingly, constitutional control is not casual. In fact according to historical experience and modern practice they have become the most intensive channels of civil initiative of the person: religious formations - through participation in traditional spiritual values ??of people, party and political - through participation in common ideology and political practice. It is also caused by the circumstance, that, being institutes of the civil society, political parties and religious associations are simultaneously organizationally legal forms of collective realization of the fundamental rights and freedoms of a person and a citizen - the right to participation in administrative office of the state, right to elect and be elected to the organs of the state power and local self-management, the right to freedom of worship, that, accordingly, assumes also the variety, the known degree of distinction of the values ??expressed in them. In particular, as against religious associations the integral attribute characterizing the role of political parties as the institute of the constitutional system is their program and political activity carried out by means of development and realization of the constitutional goals, directed to preservation or transformation of the fundamentals of the constitutional system of the state by the constitutional means and methods [1]. Thus, development of party and political goals, objecting not only in directly parliamentary fractional, and in extra parliamentary activity, is expression of individual interests of social collectives.special importance of the above mentioned institutes of the civil society, contained in the essence of their social applicability, assumes both the special mode of their activity, and the increased responsibility under the society. It is expressed, in particular, in the constitutional regulations about forbiddance of creations and activity of public associations, whose goals and actions are directed to violent change of the fundamentals of the constitutional system and violation of integrity of the Russian Federation, undermining of safety of the state, creation of armed units, kindling of social, racial, national and religious break (Part 5 Article 13), and in common normative instructions Article 4 (Part 3), 17 (Part 3), 19 (Part 2), 29 (Part 2) and in others of the Constitution of the Russian Federation.above mentioned approaches have received substantiation in the activity of the Constitutional Court of the Russian Federation.of religious institutionalism of the civil society are the constitutional value.of the first cases, in which the supreme body of the constitutional control of Russia has mentioned the questions of structurization of the civil society, has been connected with the complaint of the religious associations «The Christian Church of Glorification» and Religious society of Iegova Witnesses [2] .religious associations who applied to the Constitutional Court of the Russian Federation stipulated the regulations of item 3 Article 27 of the Federal Law «Аbout freedom of worship and about religious associations»...


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