Доктринальный подход к соотношению национального и международного права в свете конституционных поправок

Abstract

The article analyzes the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-Federal Constitutional Laws «On Improving the Regulation of Certain Issues of the Public Power Organization and Functioning». The author carries out the theoretical and legal analysis of the Russian Federation Constitutional Court practice and the legislation adopted in view of this practice. It is noted that the amendments added to the Constitution of the Russian Federation reflect the official doctrine based on the recognition of the priority and supremacy of the Russian Federation Constitution in the legal system of the country. The author agrees that representatives of economically and militarily strong states have a significant influence on the development of international law, expressing the foreign policy doctrines of their states, while building a dual model of behavior: in relation to themselves – the priority of national law, in relation to other countries – the priority of international law. Under these conditions, the doctrine becomes a universal tool that connects the national and international legal spheres. It is necessary to recognize the ability of the doctrine to ensure the individualization, self-identification of the domestic legal system, the convergence of the Russian legal system and the systems of international public and private international law.