Ideological foundations of modern Russian constitutionalism as an expression of national interests and national security

Автор: Kireev V.V., Nerovnaya N.N.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Конституционное право

Статья в выпуске: 2 (37), 2023 года.

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Introduction. Under the conditions of a tense international situation, the satisfaction of objectively significant needs of individuals, society and the state in security and sustainable development, which constitute the national interests of the Russian Federation, acquires special importance. Such needs also have a constitutional dimension, acting in the form of values, principles, priorities, mechanisms aimed at achieving the above goal. Therefore, the Constitution of the Russian Federation, on the one hand, is the legal basis for the realization of our national interests and, on the other hand, allows us to consider it as a relatively independent sphere of national security. The most effective analysis of this complex problem is possible through the concept of Russian constitutionalism, which covers the formation and implementation into reality of its ideological foundations. At the same time, the dynamics and content of the ideological foundations of Russian constitutionalism, especially in conditions of information warfare, are important for our future. Today the theoretical and applied problems presented in the article have been considered only fragmentarily in the legal literature, whereas the necessity and timeliness of addressing a comprehensive consideration of the issues covered by the title of the article seem indisputable. Results. Approaches to the consideration of the ideological foundations of Russian constitutionalism from the standpoint of expressing national interests and ensuring national security are determined, the significance of formalized and pre-formalized constitutional ideas for ensuring national security is characterized, conclusions are formulated covering an assessment of the dynamics and potential threats associated with the ideological foundations of Russian constitutionalism, proposals are made, related to risk management in the process of possible consolidation of new constitutional ideas in the text of the Constitution of the Russian Federation. Conclusions. The fundamental importance of the Constitution of the Russian Federation for the realization of national interests and ensuring national security implies the analysis of threats that can cause a decrease in its authority and effectiveness of its impact on the most fundamental social relations. Initially, such threats can arise in the sphere of formation and consolidation of constitutional ideas, and the concept of Russian constitutionalism contains the necessary tools allowing to consider the relevant problems both at the conceptual and substantive levels. From the mentioned positions today the development of the constitutional-legal concept of relations person — society — state, on the basis of the necessary degree of their unity, based on the commonality of needs, is of high importance. In the process of the development of the ideological foundations of the national constitutionalism, the processes connected with the amendments to the Russian Constitution and the revision of its provisions, the determination of the possible composition of the Constitutional Assembly, the procedures of finalizing or developing the draft Russian Constitution, the organization of its discussion require special attention. At the same time, constitutional ideas may also contain deeply veiled threats, which necessitates their rational assessment, transfer of their discussion to the scientific plane, and expert analysis of the relevant risks.

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Constitution of the Russian Federation, Russian constitutionalism, national interests, national security, constitutional ideas, amendments to the Constitution of the Russian Federation, revision of provisions of the Constitution of the Russian Federation

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Короткий адрес: https://sciup.org/14127096

IDR: 14127096   |   DOI: 10.47475/2311-696X-2023-10203

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