Охрана исторической памяти как институт конституционного права: российский и зарубежный опыт

Abstract

Introduction. Identification and analysis of factors influencing the transformation of the main institutions of constitutional law, the emergence and development of new constitutional and legal institutions are considered to be an urgent problem for the science of constitutional law. One of the dynamically developing institutions of constitutional law is, in our opinion, the protection of historical memory. The article uses formal legal, historical and comparative methods. Their application will allow for a comprehensive study of the constitutionalization of state memorial policy in Russia and abroad. Theoretical analysis. The protection of historical memory is a multi-component constitutional and legal institution that includes at least three levels: creation and consolidation of the state memorial concept (national image of history); preservation of historical heritage; protection of historical memory from encroachments and distortion. The authors study them in more detail, first, by examining constitutional law of foreign states, and, then, by looking at the constitutional law of the Russian Federation. Empirical analysis. The research into constitutional and legal acts of foreign countries makes it possible to identify a steady tendency towards increasing social and political significance of understanding one’s own national history, which contributes to the formation of a constitutional and legal institution for the protection of historical memory in many foreign countries. Legislation aimed at protecting historical memory was gradually being formed in Russia, including both measures of positive legal regulation and prohibitions on publicly challenging historical facts related to the Second World War. The task of developing a unified political and legal concept of the national image of history and its constitutional and legal legalization turned out to be more difficult. Results. The establishment of the state memorial concept at the constitutional level is aimed at solving the tasks of determining the axiological foundations of development of society, formation of national identity, preservation of cultural identity and spiritual and informational sovereignty. The high social significance of regulated public relations, their relative isolation and internal structural unity give reason to conclude that a new constitutional and legal institution for the protection of historical memory is being formed. This process is typical of both Russia and foreign countries. The controversial issues of the formation of this institution are related to its relationship with the already established principles and institutions of constitutional law.