The Constitutional Law Concept of Interaction Between the State and an Individual

Abstract

The article is devoted to the analysis of disputable issues of the development of a synthesized constitutional and legal concept of interaction between the State and an individual. It is noted that the purpose in question can be reached using different scientific fields and allows the application of multidisciplinary methodology. The author analyzes the change in reflection of the problem of interaction between the State and an individual within the framework of the subject matter of domestic constitutional law. It is concluded that similar to the subject matter of constitutional law that is not static and cannot be outlined once and forever, in the emerging constitutional-legal concept of relations between the State and an individual a static and a dynamic elements can be determined. The first static element can involve invariable participants of interaction, namely, the State and an individual (person). The second dynamic element concerns the principles, methods and forms of both direct and reverse interaction between the named actors. A key element requires an understanding of typology and nature of the relationship between the State and the individual. The paper outlines the stages of the process of formation of the modern Russian constitutional and legal concept of relations between the individual and the State: formation and modernization. The stage of formation of the concept mentioned above fully corresponds to the transitional (inter-system) state of the Russian State and constitutional law. With this regard, it can be described as intertypic. The article deals with the problems of combining the idea of "a service State" and "a strong State" as well as the correlation of the system-centrism, person-centrism and solidarity in the Russian Constitution. The objectives, constitutional principles, forms of interaction between the State and the individual are also considered. The proposal is made to include into the concept constitutionally legitimate conduct of interacting actors as an independent element. The paper determines the criteria of such conduct and draws conclusions about its importance and value in the context of interaction between the State and the person.