Constitution and its interpretation: the direct power of the people of the Russian Federation of
In 1993 in Russia the new country constitution - the new Constitution was adopted. This milestone event and on essentially new political system and a political regime. In principle, after this event, broad educational and promotional campaign (on television, on radio, to mass media, in shko - la, institutes, everywhere) on an explanation of an essence of the new Constitution - the fundamental document which to an opreda - lyat the new basic principles and a new order of life in the country would have to be carried out. However any wide educational Kam - paniya it was not carried out. Our people and persons of government bodies of the power do not know the Constitution and essences do not understand it - nobody explained anything to them litsovet. ru/index. PHP/material. read? material_id=383968 &fullscreen=1
by Whom the State is operated, it also brings that benefit. If copes the people - that State prino - sit advantage to the people if is operated by any other subjects (corporations, banks, clans, in lots, the tsar, gangs, other state, etc.) and it will bring benefit to these subjects. The pain - Shai the secret hidden from us (from the people), is that we have really effective levers to an upravla - a niya own State (the real power). Officials perfectly know it and therefore all sposo - bam, by means of entertainments, provocations and default, try to distract the People of the Russian Federation from an opportunity neposred - stvenny management of own State. At us self-sufficient, self-sufficient in realization of a vl - st are officials of government bodies and local governments. They develop all mechanisms, that liked not to offend themselves, but neither in the city, nor in the province there is no mechanism to lift hundred - tus the citizen above the status of these bodies which, under the Constitution, are obliged to render services to the citizen, to a sl - to live to it. Article 33 of the Federal law “About the general principles of the organization of local government“ says: “Public authorities and local governments are obliged to assist the population in a realizaktion of their rights“. We it seems started democratization of the state, but nevertheless the rights of the citizen put below all legal entities. In the practice I faced what judges, without hesitating, declared: “What is Kohn - a stitution? Yes it is the declaration! Yes you never know there it is written!“ The FUNDAMENTAL LAW, the law of direct action for execution in the state the declaration?! You try to strike at the rights of any bum if they are written down in the Constitution in America! Tomorrow mass media will just squeal about it! L. N. Bozina www. bozina. info ru /
LEGITIMACY of the POWER of JUDICIAL AUTHORITIES of the RUSSIAN FEDERATION
the Basis of the carried-out expertize on own initiative were carried out by experts: GEKOV A. N and Zorin S. N.
Check of suspicion on a large-scale crime bodies executive and legislature of the Russian Federation, made for the purpose of capture at the people of judicial authority. Protection of the Constitution of the Russian Federation, from distorted tolite - a kovaniye of its articles allocated with the highest validity as the law of direct action for Citizens of Dews - siysky Federation, carriers of sovereignty and the only sources of the power of the Multinational people.
Production of the present expert opinion is made without payment for all citizens of the Russian Federation, against a cat - ry law enforcement agencies unreasonably excited productions on administrative to a pravonarusha - to the niya connected with use of the State Emblem of the Russian Federation on the forms and the seals. The legal status of judges, is most fully reflected in the Act of the Russian Federation of June 26, 1992 N 3132 - I “About the status of judges in the Russian Federation“ (with changes and additions, up to July 24, 2012). The above-stated law is adopted one year prior to adoption of the present Constitution of the Russian Federation which is cardinally differing from former by the fact that on nynesh - it to article 3 of the Constitution, the Supreme power in the Russian Federation allocated each Citizen of the Russian Federation Naha - dyashchiysya in indissoluble Unity with all Multinational people of the Russian Federation.
According to the above-stated law, the status of judges reveals especially as procedural - technological hundred - Rhone of implementation of trial, it is only declarative the showing belonging of this process to Kohn - a stitution, not indicating for a year of its acceptance and therefore at all not reflecting cardinally changed status of Citizens of the Russian Federation. For example: In Art. 1. The act of the Russian Federation of June 26, 1992 N 3132 - I “About the status of judges in Russian Federa - tion“ (with changes and additions, up to July 24, 2012) is written down: Judges - carriers of judicial authority. Judicial authority in the Russian Federation belongs only to vessels in the person of judges and attracted in ustan - lenny the law cases to implementation of justice of representatives of the people.
This article contains a gross blunder as has no the root legal education showing from where there was at judges judicial authority. It is not the annex to the diploma of judges after the termination of law department by them. Judicial authority, as well as others two: executive and legislative belong to directly multinational people of the Russian Federation. And the people allocate with these branches of the power in process to a refa - renduma and free elections, those who, according to the people are worthy this trust who showed to all people in about - a tsessa of preparation for elections that it will honestly serve the people for improvement of its quality of life will protect its rights and freedoms, to appreciate and preserve the identity of each person as the supreme value and not - ukosnitelno to observe the Constitution and the Constitutional system of the Russian Federation. In this article without having considered - but also action of the p. 5 of Art. 32 of the Constitution of the Russian Federation of December 12, 1993 (also it could not be considered as it ro - got to a year before), showing that Citizens of the Russian Federation have (without any other federal law) the right to be directly involved in administration of justice.
Judicial authority is independent and works irrespective of the legislative and executive authorities.
Concept is “independent“ relatively (of what or whom it is independent) assumes also some dependence, podot - parity. And the Constitution of the Russian Federation in Art. 2 and Art. 3 established direct such dependence of all bodies is mediated - ache the authorities what also so-called “independent“ judicial authority from extent of the protection of the person, the Citizen of the Russian Federation, his rights and freedoms is as supreme value in the state as carrier of sovereignty and only source of the power. And therefore part 2 of Art. 2 of the above-stated Law has purely declarative character too.
Judges according to the present Law are the persons allocated in a constitutional order is full - mochiya to carry out justice and the fulfilling duties on a professional basis.
This article is declarative too as according to item 2 and the item of 3 St. 3 Constitutions of the Russian Federation, the people carry out the power directly, and also through public authorities and local governments. Vys - shy direct expression of the power of the people are the referendum and free elections. The constitutional order of appointment of judges as office powers, only after carrying out all necessary procedures in this constitutional order, main of which - free elections is also based on these articles. But Chita - a tel knows that in modern electoral system there is no order of the choice of judges by the people. Judges Konstitutsi - these and Supreme vessels, federal military, arbitration and magistrates are appointed the President, to Goss - the donative Duma, the Federation Council, and legislative assemblies of territorial subjects of the federation, and only the carrier of sovereignty and the only source of the higher Supreme authority does not participate in elections of judges. Therefore, actually above-mentioned regarding 3 St. 1 Above-stated law the term “constitutional order“ - is cover of direct appointment of judges without passing through electoral system that can be qualified as capture of a judicial branch of executive power and legislature at the Multinational people of the Russian Federation.
Neither the President, nor Federal Assembly with both chambers are not sources of the power on on at all - to lozheniye of paragraph 1 of article 3 of the Constitution, and cannot allocate anybody with any, especially, judicial authority which under the provision of article 10 to be obliged independent of them. Those persons who will receive at the people, for example, the power of the president from it will not become a source of the power, they will become only a source imperious a floor - nomochiya and only in that part (in that branch of the power) in which they received the power from the people, in this example - regarding the power of the president. The president is the actual chief executive and can allocate one - powers of authority of the Minister of Internal Affairs, and another - powers of authority pass - a stra of foreign affairs. But it cannot give to anybody powers of authority of the judge as did not receive at the people of judicial authority. Why did not receive? Because in Bases of the constitutional system there is also article 10: “Guo - the sudarstvenny power in the Russian Federation is carried out on the basis of division on legislative, is - polnitelny and judicial. Bodies of legislative, executive and judicial authority are independent“.
As appears from this article. In - the first, the President, per se neither as branches of the power nor as the authority, under the Constitution does not exist, it not the separate power - he is chief executive and still dopol - nitelno the guarantor Konstitutsii. And only. In - the second, the President has no relation to judicial authority: the President`s people did not allocate with judicial authority and fenced off article 10 judicial authority both from the President, and from Fedya - ralny Meeting. The trifle - the only source of the power, not the only source of the power, - - Kaya a difference would seem? But authors of the text of the Constitution were forced to enter this situation in the Constitution, otherwise at them two democracies did not turn out: The direct democracy, in the person of each Citizen and Mnogon - the tsionalny people in Unity, owners of sovereignty and the only sources of the power, and in the person oops - sredovanny democracy in the person of three, branches of the power independent from each other which it was necessary in Konstita - tion to show. In any case, it is necessary to understand that neither the President, nor Federal Assembly are sources of the power under provisions of paragraph 1 of article 3 of the Constitution at all, and cannot allocate anybody with any, especially, judicial authority which under the provision of article 10 to be obliged independent of them. Now paragraph 2 of article 3: “The people carry out the power directly, and also through bodies state a vla - st and local governments“. And who at us public authorities? About it was in the remembered article 10 of Bases - it is bodies of legislative, executive and judicial authority. And how they receive from is uniform - a stvenny source of the power (from the people) the power to carry out themselves the power of the people? About it in paragraph 3 of article 3 it is told: “The highest direct expression of the power of the people are the referendum and free elections“. That is, the people transfer to public authorities the right from (people) of a name a wasp - shchestvlyat the power, by election of members of these bodies or their head on a referendum and free elections. A shouting - Ghana legislature, imitation of free elections, as if receive the power from the only source of the power - from the people. The chief executive is the President - too receives the power on vybo - ra. And on what elections bodies of judicial authority how that is demanded by Bases of the constitutional system receive at the people the power? On any? Well, so it means that in Russia still there are no vessels created on the basis of the law. But all authorities and all Presidents including, since a pra - B. N. Yeltsin`s zidenta, and even began to appoint the second coming of V. V. Putin in Presidents, did not become an obstacle in appointment of judges it and by that became continuation of destruction by the guarantor Konstitutsii of the Constitutional system of the Russian Federation.
Then the fact that at us under the Constitution, the Russian, as if, judges are not elected by the people, and are appointed by the President, is not a problem of the Constitution, but a problem of the President and Federal Assembly from both pases - armor, plus all regional legislative authorities as these articles of the Constitution Federal Assembly and presidents had the right to change and bring into accord with Bases of the constitutional system. In 18 years of operation of the Constitution of time was enough. And now we have tens of millions of fellow citizens a wasp - zhdena persons who have on it no constitutional powers. The only source of the power in Russia - the people - did not give them judicial authority. And on what elections receive at the people the power a shouting - Ghana judicial authority how that is demanded by Bases of the Constitutional system? On any. Well so it means that in Russia still there are no vessels created on the basis of the Law!!!!!!!!!!
Conclusions and recommendations of experts Judicial authority in the Russian Federation - not legitimate, as from the Multinational people as only source of the power in the Russian Federation, judicial authority she did not receive. Sous - d, powers of judicial authority for all the time of existence of the Constitution of the Russian Federation, since December 12, 1993, received from bodies Executive and Legislature, in particular from the Russian President, the Chairman of the Federation Council of bodies of legislative assemblies of subjects of the Russian Federation is not lawful as bodies executive and legislature did not possess judicial authority and still do not possess. Bodies executive and zako - the nodatelny power and their officials giving within the last 18 years of judges authority of judicial authority violated item 2 of Art. 3 and Art. 10 of the Constitution of the Russian Federation, destroying, thereby bases of the Constitutional system in the Russian Federation.
of Action of officials, executive and legislature in the Russian Federation, the giving judges authority of sou - the debny power, not having on that the Constitutional, and legislative justification, fall on action of the item of 4 St. 3 under qualification “Seizure of power“ and therefore are subject to public prosecutor`s reaction.
Experts recognize that the judges starting earlier execution of the powers and current judges, having undergone numerous testing on judiciary qualification boards and in judicial communities, an oblada - whether are qualified lawyers of the highest class in this connection, agreeing to appointments them as imperious sous - debny powers of judges, without national elections, they could not but know “that create“. From the moment of signing of the present expert opinion, on the basis of the main conclusions of experts, it is necessary to recognize that all structure of current judges in the Russian Federation does not possess lawful imperious judicial powers. The judges continuing to carry out the imperious from the moment of signing of the present expert opinion it is full - a mochiya in the illegal mode, acquire the status of accomplices of violators of items 1 and 2 of Art. 3, St. 10 Constitutions of the Russian Federation. The judges continuing to violate from the moment of signing of the present expert opinion item 1 and item 2 of Art. 3 and Art. 10 of the Constitution of the Russian Federation acquire the status of accomplices of destroyers of the Constitutional system. to Extend
in the general public in the Internet, and also to publish in the open press.
INDEPENDENT EXPERTS: GEKOV ALEXANDER NIKOLAEVICH, ZORIN SERGEY NIKOLAEVICH on September 25, 2012 democrator. ru/problem/8597