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Unit 6: Socio-Economic Bases and Salient Features of the Constitutions

and, as such, a judge cannot face criminal liability save in accordance with the procedure Notes
established by law. The trial of the accused should be open and fair. The Constitutional Court
has the final power of judicial review whereby it may strike down any law or decree of the
federal government or of the government of any constituent unit in case it is repugnant to the
provisions of the Constitution. This power is also given to the subordinate courts. Art. 120
says that the judges shall be independent and be subordinate only to the Constitution and the
federal laws. If the court finds that the act of any government body conflicts with law, it shall
take a decision in accordance with the Constitution and federal law conforming to it.
10. Fundamental Rights and Duties: Chapter 2 has a very long list of human rights and civil
freedoms. Here we may find all the celebrated rights of the people as prevailing in a democratic
country like equality before law and its equal protection, freedom of thought and expression,
prohibition of discrimination on any artificial ground as that of faith or nationality, inviolability
of person and family life, free movement and residence in any part of the country, freedom to
profess and practise any religion, right to form associations or unions, right to hold peaceful
meetings, rigid to participate in the management of public affairs, right to elect and be elected
and to take any public service, right to keep or dispose of private property, freedom for doing
any literary or artistic activity, prohibition of making ex-post facto laws or putting a person in
double jeopardy, right to social insurance in the event of old age or physical disablement,
right to secure the nationality of a foreign state, right to have damages from the government
in the event of its unlawful action, right to secure legal protection of these freedoms etc. At the
same time, the citizens are duty-bound to abide by the Constitution and the laws of the land,
to serve the motherland by rendering military service or service in any other form when
called upon to do it, payment of legal taxes and levies, preserving the environment etc. The
notable point is that here the Constitution has incorporated rights relating to the protection of
environment and human rights as universally accepted.
Fundamental Principles of the Constitutional Order
Section I of the Constitution has a number of principles which lay down the basis of the Russian
constitutional system. These are:
1. Russia or the Russian Federation is a democratic federative law-governed State with a
republican form of government.
2. Supreme value shall be attached to man and his rights and freedoms. It shall be the obligation
of the State to recognise, observe and protect human and civil rights and freedoms.
3. Russia is a democratic and multi-national State.
4. The sovereignty of the Russian Federation shall extend to its entire territory.
5. The Russian Federation shall have its constituent units, each shall have its own Constitution
and laws, and all units shall be treated as equal.
7. The Russian Federation shall be a social state whose policy is aimed at creating conditions
ensuring a worthy life and the free development of human personality.
8. The integrity of economic space, free flow of goods, services and financial resources, support
of competition and the freedom of economic activity shall be guaranteed.
9. The principle of separation of functions shall be applied. As such, legislature, executive and
judiciary shall be independent.
10. Local governments shall have a recognized independent status within the limits of their
competence.
11. Ideological diversity shall be recognised.
12. Secularism shall be established.
13. The Constitution of Russia shall have supreme legal force and direct effect over the entire
country.

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