Scientific points of view of the MSAL professors on the subject of constitutional law

Abstract

The author carries out an analysis of most debatable issue of theory of constitutional -namely, subject of constitutional as branch of legal science. Professors of Department of Constitutional Law of MSAL Y.N. Umansky, A.A. Bezuglov, A.K. Makhnenko, O.E. Kutafin, E.I. Kozlov, N.A. Mikhalev, V.I. Fadeev devoted their studies to subject of constitutional law. They mainly shared same views on content, nature and characteristics of subject of constitutional and their views now constitute basis for development of constitutional and legal science enhanced by modern scholars of Department -scientific adherents of scientific school of issues concerning subject of constitutional law. The article characterizes peculiarities of subject of constitutional that distinguish it from other branches of law. The author justifies dual nature of subject of constitutional law. Analyzing different opinions of scholars that primarily represent either narrow or broad approaches to definition of subject of constitutional law, author notes that adherents of O.E. Kutafin and E.I Kozlova scientific school distinguish foundations of constitutional system of Russian Federation, foundations of legal status of individual, central government system and local self-government system in content of subject of constitutional law. The author criticizes views of scholars who consider that enshrining foundations of social system in Constitution is a totalitarian tradition. She also criticizes opinion that constitutional is not only a «common» branch of law, but that it is also a «general part of whole Russian law» that has «a cumulative subject representing all branches of Russian law». In addition, article criticizes approach under which constitutional is considered to be an integrating, complex branch of that develops as a result of integration of related institutions and branches of as the part common for all branches of law or suprabranch. The article also addresses issue of drawing line between constitutional and other branches of law, separate institutions of which are closely connected with institutions of constitutional law. Reference is made to changes that took place in subject of constitutional at different stages of state development; article justifies statement that current content of subject of constitutional has considerably changed and expanded; author explains reasons of this phenomenon.