SHS Web Conf.
Volume 108, 2021IX Baltic Legal Forum “Law and Order in the Third Millennium” 2020
|Number of page(s)
|Society, Law and State: Problems of Theory and Law Enforcement Practice
|31 May 2021
The constitution of the Russian Federation and constitutional identity in the context of global changes
Academy of Management of the MIA of Russia, Teaching and Methodological Department, Moscow, Russia
2 Far Eastern Branch of Russian State University of Justice, Department of State and Legal Disciplines, Khabarovsk, Russia
3 Academy of the Ministry of Internal Affairs of the Republic of Tajikistan Department of State Legal Disciplines, Faculty No. 2, Dushanbe, Tajikistan
* Corresponding author: firstname.lastname@example.org
Today we are witnesses and participants in a historic event that is very important for Russia – preparation and adoption of amendments to the Constitution of the Russian Federation, reflecting both a legal identity and a vast long-term experience of the constitutional development of the Russian state with due consideration to the opinion of various strata of the population and extensive public discussion. Goal of the research is to show a special role of the Constitution of the Russian Federation from the position of its supremacy in combination with the doctrine of constitutional identity, which is essentially a trend of modern globalization processes, based on the analysis of doctrinal and practical issues, laws and regulations, decisions of the Constitutional Court of the Russian Federation, the European Court of Human Rights, and statistical data. The methodological basis of the research consists in the application of both general scientific and special methods developed in jurisprudence. During the research, the following methods of scientific knowledge played a special role: dialectical, historical, comparative law, statistical, logical, etc. A number of conclusions were drawn concerning, on the one hand, the development of a legal potential of the Constitution of the Russian Federation being a determining vector in preventing socio-political destabilization, and on the other hand, constitutional identity, in the broadest sense shown in the desire to know and formulate the own national, religious and other identities, to follow traditional family values, etc., and at the state level – prevention of violation of territorial integrity, state sovereignty, acknowledgement of constitutional and legal identity of the state.
Key words: constitution / constitutional identity / Constitutional Court of the Russian Federation / European Court of Human Rights
© The Authors, published by EDP Sciences, 2021
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