The Constitutional Court of the Russian Federation on ensuring the direct action of the constitution by security measures
The article is devoted to problems of theoretical and methodological foundations of the direct action of the Constitution, the delimitation of the concepts of security and protection of the Constitution. The aim of the research is to analyze the activities of the Constitutional Court of the Russian Federation (particular interest in it is due to its specific legal nature) in the field of ensuring the direct action of the Constitution and, above all, to introduce the idea of ensuring it by security measures. In the author's opinion, the proposed theme is highly relevant in view of the fact that in today's realities, when the Russian Federation is committed to building the rule of law and civil society development based on the core values proclaimed in the Universal Declaration of Human Rights, 1948, and reflected in the 1993 Constitution of Russia, theoretical and methodological foundations of the direct action of the Constitution and its implementation in the course of legal action require scientific justification. The study analyzed the theoretical (works by D.A. Avdeev, T.I. Aliyev, E.V. Berdnikov, N.S. Bondar, V.D. Zorkin, M.A. Mityukov, V.A. Kryazhkov, L.V. Lazarev, S.A. Savchenko, B.S. Ebzeev) and empirical (the Russian Constitution; the Federal Constitutional Law "On the Constitutional Court of the Russian Federation"; Terms and Definitions of the Constitutional Court of the Russian Federation) material. The methodological basis of the research was the formal-logical method, which allowed to clarify the properties of the Constitution that distinguish it in the statics and dynamics from other normative legal acts; the systematic method used to ensure the comprehension of the system of the direct action of the Constitution and the establishment of regularities in the activities of state authorities and local self-government, thus forming a specific system of state-legal protection and protection of the direct action of constitutional norms. As a result, the author came to a conclusion that ensuring the direct action of the Constitution of the Russian Federation by security measures is essential. It is a specific rather abstract activity, the result of which is to prevent the violation of the principle of the direct action of the Constitution. The legal activity of the Constitutional Court of the Russian Federation in this area is connected with the specification and clarification of the meaning of constitutional provisions. The main criterion for the construction of this "superstructure" of the Constitution is its own rules that fix the basic provisions that require further development and the main directions of the development.
Keywords
Конституция РФ, прямое действие Конституции РФ, Конституционный Суд, юридические свойства конституции, правовая деятельность, охрана Конституции, система обеспечения прямого действия Конституции, Russian Federation Constitution, direct action of Constitution, Constitutional Court, legal properties of Constitution, legal activities, protection of Constitution, system of ensuring direct action of ConstitutionAuthors
Name | Organization | |
Ryakhovskaya Tatyana I. | Siberian Institute of Management, Branch of the Russian Academy of National Economy and Public Administration | ryahovskaya.ti@gmail.com |
References

The Constitutional Court of the Russian Federation on ensuring the direct action of the constitution by security measures | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2017. № 417. DOI: 10.17223/15617793/417/30