Constitutional Value as a Fundamental Category of Russian Constitutional Law: Concept and Essence

Abstract

Within the framework of this article, the positions of various scientists on the concept and essence of constitutional values within the framework of Russian constitutional law are analyzed. The main approaches to understanding the essence of constitutional values are highlighted. The purpose of the study is the formation of the authors definition of the concept of constitutional values, the main task is to determine the sources of consolidation of constitutional values in the Russian state. It is concluded that it is necessary to adopt the position of those authors who propose to understand constitutional values as fundamental principles (attitudes) necessary for the normal development of both an individual and the whole society and the state. Based on the analysis, it is also concluded that it is necessary to recognize the source of constitutional values exclusively the provisions of the current Constitution, acts of constitutional interpretation are assigned only the role of interpretation of constitutional values and disclosure of their content and essence. From a critical point of view, the approach of the legislator to grant the Constitutional Court of the Russian Federation the right of legislative initiative is evaluated. It is stated that it is impossible to develop a single and universal definition of constitutional values, which, however, should not be considered as an obstacle to scientific research in the field under consideration. Based on the analysis carried out, constitutional values are proposed to be understood as a set of basic and fundamental principles (attitudes) proclaimed by the Constitution, binding on all subjects of public relations, emerging in the process of functioning of society and the state, aimed at ensuring the favorable development of both an individual in the state and society and the whole state, organically combining both private and public interests.