Constitutional and legal relations

These relations are characterized by such objects as: freedom , human dignity, life , integrity of the state, state power , etc., as well as specific sources, which are the Constitution , the federal treaty , federal constitutional laws , etc.

Constitutional-legal relations are a form of public law relations, in connection with which they are characterized by high political potential, that is, they are the legal form of political relations , and in this regard they express the interests of different social groups , the fundamental interests of society as a whole.

The structure of the constitutional relationship includes three elements:

• subjects (the number of which cannot be less than two);
• content;
• an object.

Features of constitutional law relations are:

• specificity of content. Constitutional and legal relations arise in the field of public relations , which constitute the subject of constitutional law ;
• specificity of subject composition. Some entities may be participants only in constitutional law relations;
• specificity of objects of constitutional legal relations;
• the variety of types of constitutional-legal relations and a significant share in it of general (general regulatory) relations.

The actual content of the relationship under consideration consists of legal and actual content.

Legal content is the subjective legal rights and obligations of its participants, which are defined by the norm of constitutional law.

Actual content is the actual behavior of subjects of constitutional legal relations within the framework of the granted subjective legal rights and obligations.

In legal content, the subjective law of constitutional legal relations is a measure of the permitted behavior of a person who is endowed with this right.

Subjects of constitutional legal relations

The subjects of constitutional-legal relations are participants in public relations with a constitutional legal personality , by virtue of which, upon the occurrence of a certain legal fact, they can be participants in constitutional-legal relations.

Subjects may include:

• people as a community of citizens
• citizens and internally displaced persons ;
• Foreign citizens
• stateless persons and refugees
• the state as a whole
• subjects of the federal state
• government bodies
• state bodies of subjects of a federal state
• permanent and temporary committees and commissions of Parliament
• public associations (political parties, public organizations, mass social movements, public associations), etc.

Each subject has its own individual, rights and duties inherent only to them.

All responsibilities are shared:

• Common duties are, for example, the obligation to comply with the constitution and laws of your country.
• Personal duties are, for example, the obligation of public associations to publish annually a report on the use of their property or to ensure the availability of familiarization with such a report.
• Specific obligations are, for example, the obligation of the President of the Russian Federation to sign and promulgate the adopted federal constitutional law within fourteen days.

The rights and obligations of subjects are determined by a certain legal capacity and legal capacity .

Legal capacity - the ability to have rights and obligations in accordance with state law (comes from the moment of birth).

Legal capacity - the ability to independently, through their personal, conscious actions, exercise their rights and obligations (comes after they reach a certain age, which makes it possible to independently exercise this or that law established by the rules of state law).

Objects of constitutional legal relations

The object of the constitutional-legal relationship is the subject about which the relationship arises.

The objects of constitutional legal relations are divided into:

Material (Property) benefits (property, land, etc.) Intangible benefits (dignity, freedom, life, etc.)

Constitutional legal relations can be divided into 4 groups:

1. This is the relationship that occurs when consolidating and protecting the foundations of the constitutional legal system of Russia . In this case, we are talking about the relations of democracy and the main forms of its implementation, the status of the state , society , the position of a person in the system of the foundations of the constitutional legal system of Russia.
2. These are the relations that arise during the consolidation and protection of the constitutional legal status of a person and citizen in Russia. In this case, we are talking about equality , citizenship , constitutional rights and freedoms of Russian citizens, their mechanisms of action.
3. These are relations that arise during the consolidation and protection of the form of the state, first of all, these are forms of state structure .
4. This is a relationship that occurs when securing and protecting the organization and functioning of state power. In this case, this refers to the mechanisms of separation of powers , the status of individual bodies of state power , namely the organization and functioning of the legislative power, its relationship with the President and other branches of government . This group also includes legal relations related to the establishment and functioning of local self-government in Russia.

Considering and analyzing various literature, one can notice that there are several classifications of constitutional-legal relations.

By the method of individualization of subjects

According to the method of individualization of subjects, constitutional-legal relations are divided into: general and specific. General legal relations are legal relations based on such common rights and obligations, the subjects of which do not have individualized names.

Depending on the function of the rules

Depending on the functions of the norms on the basis of which constitutional legal relations arise, the latter are divided into: regulatory and protective legal relations. Regulatory relations arise as a result of the lawful behavior of their subjects on the basis of the action of regulatory norms, through them their rights and obligations are realized. Protective relations arise as a result of unlawful behavior of entities on the basis of protective legal norms, through them measures of legal responsibility and measures to protect subjective rights are implemented.

Depending on the nature of rights and obligations

Regulatory relations, depending on the nature of the rights and obligations of subjects and varieties of regulatory constitutional and legal norms, are divided into legal relations : active and passive type. Passive-type constitutional and legal relations are formed on the basis of authorizing and prohibiting norms and are characterized by the passive obligation of the obligated subject to observe the rights of another person or to comply with the established prohibition.

By type

By types, the division of constitutional-legal relations corresponds to the subject of constitutional law as a branch of law. Four groups of social relations that make up the subject of Russian constitutional law should be distinguished:

• related to the foundations of the constitutional system of the Russian state, the essence and forms of power of the people in our country;
• related to the basics of the legal status of an individual in the Russian Federation;
• regarding the state structure of the Russian Federation;
• associated with the establishment of the system, the formation procedure, the principles of organization and mechanisms of activity of state authorities and local self-government in the Russian Federation.

Depending on the time factor

• long-term (relations arising from citizenship , finding an elected official in the public service; territory belonging to the Russian Federation, etc.)
• temporary (for example, between parties to an election dispute and the court, between parties contesting the constitutionality of the provisions of the law, and the Constitutional Court, between election associations regarding their entry into the election block for the period of the election campaign, etc.).

Legal value

The legal value conditionally distinguish material and procedural constitutional and legal relations. However, it should be noted that the process of legal realization is based on the combination of material and procedural relations, since any material authority ( law , freedom , obligation) can be exercised only in a specific procedural order. Therefore, substantive and procedural rules in constitutional law do not exist without each other.

The science of constitutional law also uses other classifications of constitutional law relations.

The emergence, amendment and termination of constitutional-legal relations is connected with the presence of legal facts . They differ from ordinary social relations in that they entail certain legal consequences.

Legal facts are divided into:

• legal actions
• legal events.

Legal actions are circumstances related to the activities of a person, the manifestation of his will. Legal actions are divided into: lawful (in compliance with legal norms) unlawful (in violation of legal norms)

Legal events are circumstances that do not depend on the will of the people. ( Birth , death , illness , etc.)

There are a lot of concepts of constitutional legal relations. Let's consider some of them. In constitutional law literature, the definition of "constitutional-legal relations" is given quite uniformly and uniformly. Constitutional law relations are usually defined as regulated by the norms of constitutional law public relations .

If we turn to the works of V. S. Osnovin, in his opinion, the nature of state-legal relations boils down to the following:

* state-legal relations - this is a certain legal concept, which, like any concept, is just a subjective image of the objective world, only an indicator of a clear objective reality in the human mind;

• this concept shows the relationship between the subjects of powers and obligations that are established by the norms of state law ;
• state-legal relations are real, actual relations, the content of which is determined by the norms of state law .
• state-legal relations is one of the ways to exercise the powers and legal obligations established by the norms of state law .

It should be noted that S. V. Osnovin criticized those civil servants who reduced the legal regulation of public relations to determining the rights and obligations of their participants. According to his works, “state law regulates the very formation of government bodies and the very procedure for exercising power in the state. State law , therefore, regulates a special type of social relations , namely the rule of power. ” But this point of view did not find support.

Levin I. D. made one of the first attempts to determine the features of state-legal relations. According to his works, “state law regulates the very formation of government bodies and the very procedure for exercising power in the state. State law , therefore, regulates a special type of social relations, namely the rule of power. ” But this point of view did not find support among state experts.

Kravchuk S. S. argued: “Firstly, state law is not limited only to the regulation of the formation of government bodies and the procedure for exercising power in the state, determining the competence of state authorities, it regulates their activities, and not just the order of their activities. Secondly, a special type of social relations regulated by state law cannot be reduced to relations of power. Power relations are characterized by the power of one side and the subordination of this power to the other side. Of course, among public relations regulated by state law, there are such relations, but it is impossible to reduce all relations regulated by state law to relations of power ... It must also be borne in mind that power relations exist among public relations regulated by other branches of Soviet law, in particular administrative law , and, therefore, are not specific to state-legal relations. ” But this point of view was also not accepted and was criticized.

Kotov V.F. suggested that the reduction of the subject of state law to relations arising in the process of exercising state power narrows the subject of state law.

Baglai M. V. believed that "constitutional-legal relations" are not as obvious as, for example, civil law or criminal procedure, they rarely become a special subject of consideration of general courts ... But these legal relations , although sometimes invisible, are nevertheless determine the relationship between people and authorities, that is, establish a balance of rights and obligations, and receive judicial protection from the constitutional justice body. ”In his opinion, the specifics of constitutional-legal relations are the subjects of the latter, because the rest elements are identical to elements of legal relations that are generated by other branches of law.In his opinion, the specifics of constitutional-legal relations are the subjects of the latter, because the remaining elements are identical to elements of legal relations that are generated by other branches of law .

• Constitutional law
• Constitutional legal status of a person
• Public relations
• Citizenship of the Russian Federation
• Public associations
• Subjects of the Russian Federation

• Constitution of the Russian Federation
• Baglai M.V. Constitutional Law of the Russian Federation. 6th edition, Norm: 2007.790 pp.
• Bespaly I.T., Polyansky V.V. State Law of the Russian Federation, 3rd edition, 2009.

• Constitutional and legal relations. // Knowledge Fund “Lomonosov” January 28, 2011 [Electronic resource] http://www.lomonosov-fund.ru/enc/en/encyclopedia:0132649:article
• Constitutional and legal relations: concept, content, subjects, objects, types // Training materials, September 25, 2012 [Electronic resource] http://jurkom74.ru/konstitutsionnoe-pravo/konstitutsionno-pravovie-otnosheniya-ponyatie-soderzhanie- subekti-obekti-vidi