Risk factor as a property of modern Russian constitutionalism

Бесплатный доступ

Introduction. Modern Russian constitutionalism, the uniqueness of which is indisputable, has many characteristics that express its various aspects. One of these characteristics is its riskiness, due to the need to make constitutional decisions aimed at ensuring the sustainable, crisis-free development of our society and state in the face of destabilizing effects on various systems of our society by the United States and foreign states and international organizations that have joined them. The study of risk-taking as a property of domestic constitutionalism allows us to develop ideas about this phenomenon, to form the basis for solving theoretical and practical problems of serious importance for modern Russia. At the same time, the issues covered by the title of the article were not subjected to comprehensive consideration in constitutional and legal studies.Results. The diversity of the concept of “constitutionalism” is analyzed, the approach to the study of its riskiness is determined, the risks are identified due to the modern features of the individual components of Russian constitutionalism, in their ideological, regulatory, legal, applied meaning, the conclusions about the specifics and content of current and future risks inherent in our constitutionalism are substantiated based on the current international situation.Conclusions. Consideration of riskiness as a property of modern Russian constitutionalism presupposes an appropriate analysis of its components, taking into account the naturalness of the existence of risks associated with the development of our society and state, their positive and negative potentials, the uniqueness of the path of constitutional development of Russia, losses and acquisitions caused by the adoption of risky constitutional decisions, the importance of the political, state-power component, due to the need to implement an independent state policy in the face of incessant attempts to negatively influence the Russian state from the outside. Among the most significant risks inherent in modern Russian constitutionalism are the possibility of putting forward and using preformalized radical constitutional ideas to form a conflict environment in the interaction of the state and civil society, resolving the issue of carrying out a cardinal constitutional reform or abandoning it, implementing the Constitution of the Russian Federation taking into account its latest changes, the influence of external factors on the state of protection of the constitutional system, overcoming, in the process of protecting the Constitution of the Russian Federation, adverse consequences of retrospective constitutional risks, ensuring effective management of current constitutional risks caused by attempts to destroy our constitutional space from the outside, forecasting relevant prospective constitutional risks.

Еще

Russian constitutionalism, risk-taking, constitutional risks, constitutional ideas, amendments to the constitution of the russian federation, implementation of the constitution of the russian federation, protection of the constitutional system and the constitution of the russian federation

Еще

Короткий адрес: https://sciup.org/14124948

IDR: 14124948

Статья научная