Implementation Of The Principle Of Formal Equality In Russian Legislation

Abstract

This paper is focuses on problems of formal equality as the essential principle of the rule-of-law state and to the features of its realization in the field of public law of the Russian Federation. The philosophical and methodological analysis of concepts "state", "rule-of-law state", and "warranty state" emphasizes the need to identify and take into account sociocultural aspects of models of the rule-of-law state. It is argued that in building of the rule-of-law state is important to proceed from specific historical conditions and cultural features of the country. Constitutional and legal enshrinement of the principle of equality in the Russian Federation is analyzed. Discrepancies between legislation on paper and the real state of affairs are identified. Specific measures for their elimination are proposed. The research of the Russian legislation allowed revealing many norms which are clearly or vaguely contradicting the principle of formal equality in the field of public law. In this regard, authors suggest carrying out thorough comprehensive revision of norms of public law to ensure their compliance with the constitutional principle of equality. Besides, it is offered to develop the methodology of comparative analysis of draft legal acts allowing us to define their compliance with the principle of equality on the basis of which before their adoption by legislature an obligatory preliminary egalitarian expert review should be carried out.