Freedom of creativity in the system of constitutional rights and freedoms (in the light of the 2020 constitutional reform)

Abstract

Introduction. Despite the static nature and immutability of the norms of Chapter 2 of the Constitution of the Russian Federation, it seems possible to talk about a certain dynamics in the development of the content of human and civil rights and freedoms. The rethinking of the norms of the Constitution of the Russian Federation is aimed at improving and updating legislation, law enforcement and the mechanism for protecting human and civil rights and freedoms. Theoretical analysis. Freedom of creativity should be considered as a constitutional and legal institution, including the normative and legal regulation of relations between the state and citizens engaged in creative activities and their associations, establishment of principles of such relations, guarantees, restrictions and measures to support and develop creative abilities of the individual, evaluation of the results of creative activity as a socially signifi cant product, and as subjective freedom, with non-interference of the state in self-determination of the individual in matters of creative activity and protection of his / her rights to the results of intellectual activity being its guarantees. Empirical analysis. The constitutionalization of spiritual and moral values has been reflected in modern Russian policy of regulating relations related to freedom of creativity, support for culture, and protection of national cultural identity. As a result of the constitutional reform, the coordinate system of the spiritual and moral development of society was fixed, which cannot but affect the system of evaluating the results of creative activity, and the public demand for the reflection of spiritual, moral and socially oriented values in the results of creative activity was clearly expressed. Results. Freedom of creativity acts as a guarantee of a number of constitutional human rights and freedoms established by the Constitution of the Russian Federation. The key principles, goals and objectives of preserving and multiplying the cultural heritage and spiritual and moral development of Russia, strengthening its civilizational identity in conjunction with freedom of creativity run like a red thread through all levels of legislation, finding conceptual development in federal laws and federal subordinate regulatory legal acts. These normative acts specify guidelines for the implementation of creative freedom and mechanisms for supporting creative projects aimed at the development of statehood, patriotism and preservation of values.

Keywords

• freedom of creativity
• constitutional reform
• culture
• spiritual and moral values
• constitutional values
• constitutionalization