Legal facts of the occupation
We, the multinational people of the Russian Federation, united by common destiny on our land, affirming human rights and freedoms, civil peace and harmony, preserving the historically formed state unity, proceeding from the generally recognized principles of equality and self-determination of peoples, honoring the memory of ancestors who gave us love and respect for Fatherland, faith in good and justice, reviving the sovereign statehood of Russia and affirming the inviolability of its democratic basis, striving to ensure the well-being and prosperity of Russia , proceeding from the responsibility for our Motherland before present and future generations, conscious of ourselves as a part of the world community, we accept the CONSTITUTION OF THE RUSSIAN FEDERATION.
Here are considered the most glaring, in terms of the sovereignty of the state and common sense, articles of the Constitution.
Chapter 1. Fundamentals of the constitutional system (Art. 1-16)
Article 2
Man, his rights and freedoms are the highest value. The recognition, observance and protection of the rights and freedoms of a person and a citizen is the duty of the state.
The article gives a list of quite ephemeral higher state values - “a person, his rights and freedoms”. There is no place in this value series either for Russia or for the sovereignty of the Russian state, family, national and cultural traditions. The 2 article demonstrates the winged phrase of the Marquise de Pompadour “after us even a flood” (Apres nous le deluge), which became the personification of selfish aspirations and moral depravity. That is, it is precisely the freedom to be selfish and to disregard the future we defend as the highest value!
Article 5
2.Republic (state) has its own constitution and legislation. The region, region, city of federal significance, autonomous region, autonomous region has its own charter and legislation.
3. The federal structure of the Russian Federation is based on its state integrity, unity of the state power system, separation of competencies and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, equality and self-determination of peoples in the Russian Federation.
Obviously, it was not necessary to write that way - “the republic (state)”, and to write about the self-determination of nations, in the first chapter of this deliberately laid mine.
For example, in the USSR Constitution, the mechanism for the exit of republics from the USSR was not described, but there were words - they have the right to exit (Constitution of the USSR 1977, Article 72)that played a role in the collapse of the USSR.
Article 6
3. A citizen of the Russian Federation may not be deprived of his citizenship or the right to change it.
That is, if a citizen engages in espionage against the state, for example, by subversive activities, and in a direct and indirect sense, commits any other crimes, it cannot be deprived of citizenship ...
Article 9
1. Land and other natural resources are used and protected in the Russian Federation as the basis of the life and activities of the peoples living in the relevant territory.
2. Land and other natural resources may be in private, state, municipal and other forms of ownership.
That is, in Russian, any resources can be in any form of ownership. The second point of this article is in discord with the first one; an individual doesn’t care about the interests of the people; private property is needed where there is a fair competition. With exclusive ownership of the resource there is no competition. Particularly outraged by the vagueness of this article - "private, state, municipal and other forms of ownership," it is very interesting to know what the constitutional writers suggested under "other forms of ownership." In the property of a foreign state or what? It turns out that this is also a “different” form of ownership.
Article 13
2. No ideology can be established as a state or mandatory.
According to wikipedia, the word “ideology” comes from the Greek word “ιδεα”, which Yandex translates as:
1.idea, thought, intent
2.concept, concept
3.presentation
and the words “λογος“, which is translated simultaneously as a “word” (utterance, speech) and a “concept” (judgment, meaning)
The word "ideal", by the way, comes from the same "ιδεα". It remains only to substitute these values under the ban specified in the Constitution and everything will become clear. The 13 article prohibits the goal of the existence of the state, the concept, the vision of the future, the ideal to be pursued.
This means that in Russia anyone can engage in ideological propaganda, including representatives of foreign states, but not the Russian state itself. Nobody forbids anything, except the right to establish the state ideology as a vector of development of the country.
Article 14
1. The Russian Federation is a secular state. No religion can be established as a state or mandatory.
A clarifying addition to the 13 article, because traditional religions contain a set of values, moral norms, a certain ideal.
Article 15
4. The universally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If the international treaty of the Russian Federation establishes other rules than those provided for by law, the rules of the international treaty are applied.
For a start, let's deal with the concepts. This article identifies three concepts separated by the union “and” - generally accepted principles, norms, agreements. To learn the meaning of these concepts, turn to
Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 10 2003 N 5 Moscow
Courts interpret laws, having learned that courts understand concrete terms, we can understand how the system works.
The first paragraph of this decree says:
The generally recognized principles of international law should be understood as the fundamental imperative norms of international law, accepted and recognized by the international community of states as a whole, deviation from which is unacceptable.
The generally accepted norm of international law should be understood as a rule of conduct that is accepted and recognized by the international community of states as a whole as legally binding.
Pro treaties are discussed in the following paragraphs.
Vague terms, it is not clearly indicated how many countries should recognize these norms and what is meant by “the international community of states”. In essence, the “community of states” should designate all states. In fact, some countries often speculate with this term to declare rogue states to others, “excluding” them from their community, which they themselves call “world-wide”. It is very strange that such vague wording is used, given the level at which they are put in the constitution - they become part of the legal system. And in the resolution, in the same first paragraph it is written:
... human rights and freedoms in accordance with generally recognized principles and norms of international law determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are secured by justice.
It is not clear why the rights and freedoms of a citizen of Russia should be determined by some principles and norms, it is not clear which countries are recognized if the people are the source of power, because freedom is the ability to make independent decisions.
Also in the first paragraph it is written which organizations can produce these “generally accepted principles and norms”. If treaties need to be signed, ratified, then “generally accepted principles and norms” do not need this.
The content of these principles and norms of international law may be disclosed, in particular, in documents of the United Nations and its specialized agencies.
Again, vague terminology, which can be “particulars”, if they “determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are secured by justice.”
В "specialist. UN agencies enters quite a lot of organizations. One of them - IMF, Russia's influence on which is minimal. The highest governing body of the IMF is the Board of Governors. Decisions in the Board of Governors are usually taken by a simple majority (at least half) of the votes, and on important issues of operational or strategic nature, by a “special majority” (70 or 85% of the votes of the member countries respectively). Russia has only 2,64% votes in this organization. Only one country in this organization has the ability to impose a veto on strategic decisions, even if all the rest vote in favor - the United States. US have 16.85%. 100% - 16.85 = 83.15% - less than you need to make a decision. In addition, 29 member countries Economic Cooperation Organization and development have in aggregate 60,35% of votes in the IMF and can push their interests, countries BRICS have only 10% of votes in total, less than needed for the right of veto. That is, in fact, the IMF serves the United States, although the GDP balance has changed a long time ago, this balance of votes has nothing to do with the economies of the countries.
Chairman of the Investigative Committee of Russia - Alexander Ivanovich BastrykinPhD in law interview to the Russian newspaper and when speaking in
at 10, the minute said, “There is an opinion that the establishment of the primacy of international law over national law, as a basic constitutional value, was also skillfully presented to us by United States advisers as the adoption of the 1993 constitution of the year. I personally have no direct evidence of this, but some observers believe that it is not at all accidental that the report on the draft constitution, which was published in the Russian newspaper in 1993, proudly emphasized that its provisions were examined abroad. "
Further, when speaking at MGIMO - “If we turn to Article 6 of the US Constitution, we will see that, in accordance with this provision, an international treaty and federal law are equally valid.”
Further, with reference to the book "The US legal system" W. Burnham (see Biography William Burnham) said, “The American constitutional legal doctrine divides international treaties into self-enforceable and non-self-enforceable, in the case where the norms of international treaties are non-self-enforceable, they generally cannot be applied until they are implemented, that is, are introduced into national legislation, through the domestic legislative process. As a result of the functioning of the described legal mechanism, the question of the contradiction between the norms of international law and national law, as a rule, does not arise.
In the same case, when there is a competition between the norms of a self-enforceable international treaty and domestic American law, taking into account their equal legal force, the act that was issued later applies.
A contract is concluded, it becomes a federal law of the United States, and then when a problem arises with its execution, they adopt a new federal law and refer to the fact that it was adopted later, thereby they neutralize the international treatywhich somehow they don’t like. ”
Further, Bastrykin gave examples of regulating this issue in other countries - “In the US Constitution and in the acts of the constitutional level of Great Britain and a number of other countries, there is no provision for the unconditional priority of the norms of international law over national law. In the constitutions of Norway, Finland, and Sweden, it is stated that the norms of international law, in order to acquire legal force, must necessarily be implemented in national legislation, and until this point, national legislation has priority. In the constitution of Denmark, Iceland, this question is not settled at all. Of the European states, only the Netherlands, even more so than Germany, are in favor of the unconditional priority of international law over national law. Unconditional priority of national law is directly established in Brazil, in India and China ... ... in Germany, where the priority of international law is very clearly stated, it is the responsibility of the constitutional court, if in doubt, upon the application of the relevant objects of law, carefully check the not yet signed and not ratified an international treaty on the conformity of the German constitution, although you know, the Germans recorded very hard, even more rigidly than we. The Germans wrote in their constitution that the international treaty is part of the law of Germany ... ... Discover our law on the Constitutional Court. We have written so gently, carefully, in the spirit of 90's, “The COP may consider an unsigned international agreement on the subject of its compliance with the constitution, but under the condition ...”, and a bunch of conditions are called until you fulfill these conditions, forget why you even came to court . "
In addition to 15 articles, the concepts of “generally accepted principles and norms” are used in the Constitution in articles 17, 55, 63, 69.
Chapter 2. The rights and freedoms of man and citizen (Art. 17-64)
Article 29
1. Everyone is guaranteed freedom of thought and speech.
5. Freedom of the media is guaranteed. Censorship is prohibited.
Unchecked media freedom leads to the erosion of information sovereignty and the mental health of Russian society. It is the absence of state censorship in the media that makes it possible to disseminate information that is harmful to a person, his health, and promotes cruelty, violence, debauchery, and antisocial behavior. And all this threatens the foundations of statehood, traditional values, culture, stories, family and future generations. Media freedom is a ban on ensuring information security and protecting its sovereignty. A critical assessment of the outcome of this state of affairs can be seen on the YouTube channel and in the Vkontakte group of the “Teach Good” project.
Article 62
1. A citizen of the Russian Federation may have the citizenship of a foreign state (dual citizenship) in accordance with a federal law or an international treaty of the Russian Federation.
The presence, along with the Russian, of another citizenship detracts from such notions as Fatherland, Motherland, patriotism. Many states of the world, including a number of post-Soviet states, do not recognize dual citizenship.
Article 63
1. The Russian Federation provides political asylum to foreign citizens and stateless persons in accordance with generally accepted norms of international law.
Such a rule in our Constitution means that any state, supported by the UN, may demand to extradite any person who applied for political asylum in Russia, and we, according to the priority of international norms and rules over national legislation, cannot but give up.
Russia, giving political asylum to foreign citizens, should be guided not by the generally recognized norms of international law, but by Russian legislation and its own state interests. Moreover, there is no single generally accepted position on this issue in international law.
Chapter 3. Federated device (Art. 65-79)
Article 75
1. The monetary unit in the Russian Federation is the ruble. Monetary issue is carried out exclusively by the Central Bank of the Russian Federation. Introduction and issue of other money in the Russian Federation are not allowed.
2. Protecting and ensuring the stability of the ruble is the main function of the Central Bank of the Russian Federation, which it performs independently of other government bodies.
It is completely incomprehensible what this article does in the “Federative Order” chapter. Based on the meaning of this article and the federal law on the Central Bank, we can conclude that the Central Bank is not significantly dependent on the state and is not responsible for the result of its work. State authorities are significantly limited in influencing the policy of the Central Bank, in the Central Bank Law it is written about the accountability of the Central Bank of the State. Duma, it is written about the "interaction of the Central Bank and the government," but "interaction" is a vague wording that does not mean submission.
The Central Bank performs the main function independently of the state bodies, as stated in the article, but according to the 15 article ch.4, it obeys the “generally accepted principles and norms” that the IMF can produce, for example, because it is also special. UN agency.
Article 79
The Russian Federation may participate in interstate associations and transfer to them some of its powers in accordance with international treaties, if this does not entail restriction of human and citizen rights and freedoms and does not contradict the foundations of the constitutional system of the Russian Federation.
The article says that the Russian Federation may transfer part of its powers (for example, military) to interstate associations. Whether anybody’s rights are violated due to this or not will be decided by international bodies (see Art. 15, p. 4). It is worth noting that this situation is in the Constitution of Austria, and it appeared as a result of defeat in the First World War.
Chapter 4. President of Russian Federation (Art. 80-93)
Article 83
President of Russian Federation:
a) appoint, with the consent of the State Duma, the Chairman of the Government of the Russian Federation.
The president cannot independently appoint a prime minister.
d) submits to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; puts before the State Duma the issue of dismissal of the Chairman of the Central Bank of the Russian Federation.
The President cannot independently appoint and dismiss the Central Bank Chairman. The Federal Law on the Central Bank in the 14 article lists the conditions under which the Chairman of the Central Bank may be dismissed.
The Chairman of the Bank of Russia may be dismissed only in the following cases:
expiration of the term of office;
the impossibility of performing official duties, confirmed by the conclusion of the state medical commission;
submitting a personal resignation letter;
the commission of a criminal offense established by a court verdict that has entered into legal force;
violations of federal laws that regulate issues related to the activities of the Bank of Russia.
From this it follows that without force majeure, the Chairman of the Central Bank can not even dismiss the State Duma, not that the President, who has the right to only offer.
e) on the proposal of the Prime Minister of the Russian Federation, appoints and dismisses the Deputy Prime Ministers of the Russian Federation, federal ministers.
In the appointment and release of the Vice-Presidents of the Government and the ministers - the President is only a “drive belt”.
f) presents to the Council of the Federation candidates for appointment to the post of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation; appoints judges to other federal courts.
The president cannot independently appoint people to the above positions.
Article 84
President of Russian Federation:
c) appoints a referendum in accordance with the procedure established by federal constitutional law.
And if you look FKZ "About the Referendum of the Russian Federation"then among the initiators of the referendum there is no President in it. That is, the President does not have the right to hold a referendum.
e) addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the domestic and foreign policy of the state.
The President’s address is not a regulatory act binding on government bodies. The message is only a subjective opinion of the President, which no one is obliged to execute. That is why most often what the President talks about is silenced or soon forgotten, frankly sabotaged on all the levels of power.
Article 90
3. Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation and federal laws.
According to the current Constitution, the President does not have the right to change the Constitution (see Chapter 9 of the Constitution), nor to repeal the Federal Law (see Art. 107). It follows that the president in Russia can solve little, and no matter how many bills the president submitted to the government of the Russian Federation, there is no guarantee that laws will be passed.
Chapter 5. Federal Assembly (Art. 94-109)
Article 107
1. The adopted federal law is sent to the President of the Russian Federation for five days for signing and promulgation.
2. The President of the Russian Federation, within fourteen days, signs the federal law and promulgates it.
3. If the President of the Russian Federation rejects it within fourteen days from the moment of receipt of the federal law, the State Duma and the Council of the Federation re-examine this law in accordance with the procedure established by the Constitution of the Russian Federation. If, when reconsidered, the federal law will be approved in the previously adopted version by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it must be signed by the President of the Russian Federation within seven days and made public.
The head of state, in fact, has no right to finally reject the law. If during the second vote, the Duma and the Federation Council approved the law - the President is obliged to sign as a notary within seven days.
Chapter 9. Constitutional amendments and revision of the Constitution (article 134-137)
Article 135
1. The provisions of the chapters 1, 2 and 9 of the Constitution of the Russian Federation cannot be revised by the Federal Assembly.
2. If the proposal to revise the provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation will be supported by three-fifths of the total number of members of the Federation Council and State Duma deputies, the Constitutional Assembly is convened in accordance with federal constitutional law.
What is interesting is not so much the sense as the fact that since 1993, the law on the Constitutional Assembly, with the help of which it is possible to lawfully change the 1, 2 and 9 chapters of the constitution, has not been adopted. 01.12.15 discussed the bill "On the Constitutional Assembly" in the State Duma, but was rejected (see report, questions).
Part of the material is taken from the article - "Constitution: the rules by which we live" http://nodnn.ru/.
Additional material: Presentation of Bagdasaryan V.E. in pdf format >>>, Video recording of Baghdasaryan V.E. performance... >>>, The Constitution of the Russian Federation as the constitution of a defeated state.
Speech by the Chairman of the RF IC, A. Bastrykin, on international law having priority over Russian legislation.
[media = tthttps: //www.youtube.com/watch? v = D8qJZS9dLfg]
On state ideology, which is absent in Russia.
[media = tthttps: //www.youtube.com/watch? v = D8qJZS9dLfg]
On state ideology, which is absent in Russia.
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