On the participation of internal affairs bodies in the implementation of the constitutional tasks of the state
Автор: Fomichev A.A.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Публично-правовые (государственно-правовые) науки (юридические науки)
Статья в выпуске: 1 (108), 2024 года.
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Introduction: the article reveals the author's understanding of the constitutional tasks of the state, provides arguments confirming the author's position. The dominant position of the people in constitutional law is stated. The instrumental role of the state in the implementation of the Constitution and the will of the people is argued. It is noted that constitutional norms serve as a means of setting tasks and governing the state. It is indicated that all state bodies and officials, including internal affairs bodies, participate in the implementation of constitutional tasks. Their role in this process is considered. Attention is focused on those constitutional tasks that underlie the formation, organization and functioning of internal affairs bodies. Methods and Materials: the article considers and analyses the norms of the Constitution of Russia, as well as rulings and definitions of the Constitutional Court of the Russian Federation, which affect the issues of participation of internal affairs bodies in the implementation of constitutional tasks of the state. The research methodology is represented by a set of general (analysis, synthesis, generalization, abstraction, systemic, structural-functional) and private (formal-legal) methods of cognition. The Results of the Study: it is stated that the Constitution of the Russian Federation in its meaning and content is a guiding document reflecting the will of the multinational people of Russia. It is indicated that the main addressee of constitutional regulations is the state. Through constitutional norms, the people govern the state, setting before it the fundamental tasks of organizing public life and its long-term development. These tasks are explicitly and implicitly concentrated in constitutional provisions, the essence of each of which is reduced to a specific demand of the people, mandatory for state execution by virtue of the highest legal force. To fulfill such requirements, the state mobilizes and redistributes resources, creates a system of bodies and officials, organizes and regulates their activities. The entire state apparatus participates in the implementation of constitutional tasks, where each of its elements makes an individual contribution to this process. Being part of the State structure, the internal affairs bodies also participate in the implementation of the constitutional tasks of the State. Like other departments, they solve general and special tasks. Special tasks underlie the formation, organization and functioning of internal affairs bodies. These include the fight against crime, ensuring the rule of law, the rights and freedoms of citizens, the protection of property and public order. Their implementation constitutes the essence and purpose of these bodies. Findings and Conclusions: the text of the Constitution of the Russian Federation is a system of constitutional tasks, which are the demands of the multinational people of the Russian Federation addressed to the state and aimed at solving constitutionally significant problems. The essence of constitutional tasks is reduced to the fact that they act as a means of governing the state. By fixing them in the Constitution of Russia, the people have defined the basic values, principles and ideas that the state is called upon to implement. All state bodies and officials participate in the solution of constitutional tasks, each of which, within the framework of its competence, makes an individual contribution to this process. An independent place in the solution of constitutional tasks is assigned to internal affairs bodies, established to fulfil the constitutionally fixed and addressed to the state requirements of the Russian people related to combating crime, ensuring legality, individual rights and freedoms, protection of property and public order. By performing constitutional tasks, internal affairs bodies contribute to the constitutionalisation of social relations, transform social practice in accordance with constitutional principles, values and ideas, and, ultimately, realize the will of the multinational people of Russia.
Constitutional tasks, internal affairs bodies, fulfillment of constitutional tasks, state, constitution, demands of the people, legality, public order, combating crime
Короткий адрес: https://sciup.org/143182326
IDR: 143182326 | DOI: 10.55001/2312-3184.2024.45.47.013