О совершенствовании основ конституционного строя Республики Северная Осетия-Алания (к 30-летию принятия Конституции РСО-Алания)

Abstract

PurposeConsideration and analysis of the foundations of the constitutional system of the Republic of North Ossetia-Alania in order to propose the improvement of some of the norms of its Constitution, provided for in the basic laws of other subjects of the Russian Federation. Some of them can be taken into account in further legislative work in other subjects of the Russian Federation, where for the first time the foundations of their constitutional system are also provided. The latter should not contradict the foundations of the constitutional order of the Russian Federation, but this does not mean that they are literally reproduced, for which convincing arguments are given.MethodsIn order to substantiate his ideas, the author uses such research methods as comparative law, historical, logical and philological, which allowed him to make appropriate proposals.Results and conclusionsBased on the results of the study, the author has made a number of suggestions. For the first time, it is proposed to expand the legislative framework of democracy in the Republic of North Ossetia-Alania by including public organizations and citizens. The first Constitution of North Ossetia in 1918 included citizens and various institutions as such. In the Constitutions of North Ossetia in 1937 and 1978, public organizations represented by republican and their respective bodies had the legislative initiative. Taking into account historical experience and modernity, it is proposed to include such public organizations as Styr Nykhas, translated into Russian as the Supreme Council of Ossetians, the Public Chamber of the Republic of North Ossetia-Alania, as well as citizens of at least 1,000 residents of the Republic who have active the right to vote. The author also considers it necessary to exclude, firstly, the Control and Accounting Chamber and the Election Commission of the Republic from the system of bodies exercising state power.; Secondly, the ban on state and compulsory ideology. The provision on the possibility of changing the borders of the subjects of the Russian Federation is proposed for the first time in the wording of the Soviet constitutions, as logically and correctly reflecting the mechanism of formation of the legal norm. To include progressive Ossetian customs as a new constitutional norm among the sources of the legal system of the Republic of North Ossetia-Alania.