THE IMPLEMENTATION OF THE PRINCIPLE OF DIRECT FORCE OF THE CONSTITUTION OF THE RUSSIAN FEDERATION (IN THE FIELD OF LABOUR)

Abstract

The article covers the most important principle of the Constitution, i.e. a principle of
direct force. It is noted that in legal science an attitude towards this principle is ambiguous.
The principle of direct force of the Constitution has several aspects, not always directly
related to recognition of the conformity of regulations with the Constitution of the Russian
Federation. In this regard this principle is addressed to the legislator, law enforcement
officers, and to the individual. In the modern context the principle is implemented through
the practice of the Constitutional Court of the Russian Federation and general jurisdiction
courts. The authors note that courts have no right to assess the rules on their conformity
with the Constitution, but it does not mean that the courts do not apply the Constitution.
The direct force of the Constitution occurs in case of inconsistency with legal rules of the
same legal force when constitutional provisions are criteria for the choice of law provisions.
The principle is used in case of gaps in the law and when concretization of legal
norms is required.