Some aspects of the research of fundamental constitutional provisions

The fundamental constitutional provisions, traditionally defined in the main law of the country as the principles (democratic, federal, rule of law, freedom of economic activity and diversity of property forms, development of local self-government, ideological diversity, political pluralism, and so on), also have the features of other legal categories: presumption, fiction, axiom. The author proves the heterogeneity of the constitutional provisions by analyzing the structure of the principle of enactments’ constitutionality. As a result, it was found that the principle under consideration has the presumption features, since it is impossible to examine all effective legal acts. Moreover, the legislation does not determine a mandatory procedure of examination of adopted enactments by the Constitutional Court of the Russian Federation, so the compliance with this principle can be described only as an assumption. However, it should be noted that the law stipulates the possibility of further recognition of a legal act as unconstitutional by the Constitutional Court of the Russian Federation. Besides, the provision under consideration has the features of a legal fiction, because of the impossibility of its full conformance with the truth, and the legal axiom, since it does not require proof of the need for the principle in the domestic legal system (because of its decisive role in the foundations of the law-governed state). The author believes that such a composition of the constitutional provisions is a sign of a new, more complicated level of their legal organization, which indicates a potential for further development of the legal system of the Russian Federation.