Прямое действие Конституции Российской Федерации

Abstract

The article is devoted to analysis of matters related to a direct operation of the Constitution of the Russian Federation. In particular, the historical aspect of the direct operation of the Constitution is covered, which is urgent because the Constitution of the Russian Federation 1993 unlike Constitutions of RSFSR for the first time has established a provision of the direct operation (art. 15). The article provides the whole range of the points of view on considering matter which are available in the legal literature, concerning concept of direct operation of the Constitution of the Russian Federation. It is necessary to pay attention that this problem in a legal science is not debatable, therefore the presented points of view are similar by sense. Besides, cases of the direct operation of the Constitution of the Russian Federation are considered. For example it is noticed that the Constitution of the Russian Federation directly regulates the relations between federal public authorities and public authorities of the subjects of the Russian Federation. Direct operation of the Constitution is also shown in cases of public relations that are regulated by norms of the branch legislation, and also for the purpose of completion of blanks in the legislation. The debatable question of the direct operation of the Constitution of the Russian Federation in a case of contradiction between the Constitution of the Russian Federation and the other legal act is examined.