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

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). According to Article 28 of the Constitution of the Russian Federation in interrelation with its Article 13 (Part 4), 14, 19 (Parts 1 and 2) and 30 (Part 1) freedom of worship assumes freedom of creation of religious associations and freedom of their activity on the basis of the principle of legal equality by virtue of which the federal legislator, realizing the powers proceeding from Article 71 (item «c» and «o») and 76 of the Constitutions of the Russian Federation shall have the right to settle civil and legal status of religious associations, including the conditions of recognition of the religious association as the legal person, the order of its foundation, creation, state registration shall have the right to determine the maintenance of legality of religious associations. Meanwhile to resolve the dispute and to finalize rights and duties of the sides shall have the right solely the court and the judge whose jurisdiction such case is related to by the law (Part 1 Article 47 of the Constitution of the Russian Federation) and realize judicial power on the basis of the principle of independence and submission only to the Constitution of the Russian Federation and the Federal Law (Part 1 Article 120 of the Constitution of the Russian Federation). Hence, admission by the Constitutional Court of the Russian Federation for consideration of the given complaint of the citizens - founders of the religious organization «Scientelogical church of the city of Izhevsk» without judgment establishing the fact of application of the norm about fifteen-year term on the ground of which they have been refused in registration of this religious organization would mean, that the Constitutional Court of the Russian Federation realizing the constitutional legal proceedings (Article 125 of the Constitution of the Russian Federation) and resolving the question on constitutionality of legal norms, at the same time would also resolve another question, namely: whether the disputed norms are subjected to application in the concrete case and would realize the belonging to court of the general jurisdiction authority to resolve cases by criminal, civil and administrative legal proceedings (Article 126 of the Constitution of the Russian Federation). By virtue of Article 14 of the Constitution of the Russian Federation in interrelation with its Articles 11, 12 and 13 and according to concretizing their regulations Article 4 of the Federal Laws «About freedom of worship and about religious associations» the constitutional principle of the secular state and division of religious associations from the state shall mean, that the state, its organs and officials, and organs and officials of local self-management, i.e. organs of public (political) authority, shall have no right to interfere legal activity of religious associations, to assign on them performance of functions of the organs of the government and organs of local self-management; Religious associations, in turn, shall have no right to interfere affairs of the state, to participate in formation and carry out functions of organs of the government and the organs of local self-management, to participate in activity of political parties and political movements, to render them material and other help, and also to participate in elections, including by propaganda and public support of these or that political parties or separate candidates.