Сибирское юридическое обозрение (Jun 2024)
Actual Problems of Development and Improvement of Constitutional Legislation (to the 30th Anniversary of the Constitution of the Russian Federation)
Abstract
The article analyzes the role and significance of the current Constitution of the Russian Federation. The analysis delves into both the merits and shortcomings of the approach, acknowledging initial limitations as well as those that emerged during subsequent development and structural reforms. The accumulated challenges over the thirty-year span of its operation underscore the necessity for reform and modernization of its norms to enhance constitutional law and legislation. Attention is drawn to the fact that the Constitution of the Russian Federation began to be subjected to meaningful and constructive criticism from the moment of its adoption as a document of the transition period. It is emphasized that advancing and refining national constitutional legislation is contingent upon drawing from progressive international practices and ensuring the preservation of social principles and traditional values inherent to its diverse populace. It is concluded that the provisions outlined in the Constitution of the Russian Federation serve as a fundamental component of the country's national security, providing legal assurance for the preservation of state sovereignty, independent domestic and foreign policies, as well as national and constitutional identity. The aim of this study is to argue for the imperative of comprehensive modernization of the Constitution of the Russian Federation. It seeks to formulate specific recommendations and proposals for the Federal legislature to address current gaps and contradictions in its legal framework. The examination of changes and additions to the current Constitution of the Russian Federation during the constitutional reforms of 2014 and 2020 has highlighted significant deficiencies in the content of several provisions within Chapters 1 and 2, which remain unchanged. This underscores the imperative for further reform, not only within the constitutional mechanisms governing the functioning of the state apparatus but also across all branches of government in Russia. In achieving the research goal, the author drew upon contemporary cognitive methods identified and refined by legal science, validated through practical application. The research methodology was founded on a materialistic interpretation of the fundamental laws governing the development of the state and society, alongside a conceptual analysis of legal reality. This approach facilitated a comprehensive exploration of the categorical understanding of constitutional law and legislation, revealing their intricacies in inseparable unity with other legal phenomena and categories. Throughout the research, a combination of specific scientific and specialized methods of cognition were employed, including formal logical reasoning, historical analysis, synthesis, abstraction, and modeling, among others.
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