THE CONCEPT OF THE CONSTITUTIONALIZATION PROCESS IN THE CONTEXT OF THE DEVELOPMENT OF THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION

Abstract

The constitutionalization process as a movement towards achieving the completeness of constitutional law regulation of social relations is characterized by significant discrepancies. In the interpretation of this process in legal science, the most general approach to defining the essence of constitutionalization as a sequential movement is proposed. Purpose: to consider the topical aspects of the problem of understanding the nature of the constitutionalization process as a subject of theoretical law research. Methods: historical, comparison, description, interpretation, theoretical methods of formal logic, system method of cognition. Results: the conclusions are based on the understanding of the constitutionalization process as a stage of components that affect the entire legal system of the state. The starting point is the moment of adoption and enactment of a constitutional act (basic law), the content of which is further realized through the constitutional invasion (penetration) of its meanings and values into the fabric of the legal reality of public and state life. The subject of constitutionalization is multi-component, which reflects the paramount importance and supremacy of the basic law of the state. The result of constitutionalization is the proper provision of the constitution and the achievement of the completeness of constitutional law regulation.

Keywords

• constitutionalization
• sectoral legislation
• legal system
• constitutional invasion