Russian Constitution Research Articles

Moral imperatives of modern Russian constitutionalism

The article analyzes the dynamics of moral imperatives of Russian constitutionalism as moral principles or rules, categorical requirements, commandments or norms, according to which the multinational people of Russia build their way of life. The article argues the need to overcome the moral neutrality of public power, enshrined in the Constitution of the Russian Federation in 1993. Particular attention is paid to the change in moral imperatives after the reform of the Constitution of the Russian Federation in 2020. Namely, the love for the Fatherland, based on patriotic education, preservation of the memory of ancestors who passed on to us ideals and faith in God, on the protection of historical truth and all-Russian cultural identity; recognition of continuity in the development of the Russian state; reliance in social development on traditional spiritual and moral values.

Constitutionalism in Russia in the Early 20th Century

Constitutionalism in Russia in the Early 20th Century

Преодоление нравственного нейтралитета публичной власти как первоочередная задача российского конституционализма

The article dwells on the worldview grounds for continuation of the constitutional reform in the Russian Federation. Preservation of moral neutrality characteristic of present-day states seems to be the main threat to the constitutional development of Russia. The author argues that elimination of moral neutrality of public government, transition to constitutional support of kindness and fairness, fight of the public government against any forms of evil constitute fundamental principles of national development and constitutional building for Russian constitutionalism that restores its reliance on traditional spiritual and moral values of multinational people of Russia.

Constitutionalization of Arbitration

The number of arbitration cases handled by the Constitutional Court of the Russian Federation has steadily increased over the years. The evolution of social practices and judicial approaches to arbitration procedures has prompted the supreme body for judicial protection of the Russian Constitution to repeatedly review whether the legal concepts used to resolve civil disputes by arbitration courts and international commercial arbitrations align with the nation’s basic law. The outcome of this process is a set of legal principles that define the constitutional and judicial foundations of arbitration in Russia. The above trends have facilitated the use of the integrative concept of constitutionalism in arbitration. This study highlights the constitutionalization of both arbitration and its social application. From a standalone perspective, the problems of enhancing the constitutional and legal principles of arbitration were discussed, and the further progress of constitutionalism in Russian arbitration was predicted.

Russian Public Assembly Law: Constitutional Evolution 1993–2023

The current Public Assembly Law in the Russian Federation, which regulates the implementation of the constitutional right to freedom of peaceful assembly in Russia, has been developed and formed over the course of the past three decades, following the ratification of the Russian Constitution in 1993. The Public Assembly Law can be described as an important institute of public law as well as a sub-branch of the constitutional law of Russia, which combines constitutional provisions, relevant norms of the federal and regional laws and case law of the Russian Constitutional Court regarding the implementation of the Freedom of Peaceful Assembly. The modern Public Assembly Law has high importance for the development of a democratic society and for the rule of law. The author investigates the constitutional adjudication of the Russian Constitutional Court from 1993–2023, focusing in particular on its eleven judgments concerning the implementation of Article 31 of the Russian Constitution, which defines the constitutional standards of the Freedom of Peaceful Assembly. The author also examines several prominent cases of the Russian Constitutional Court, referred to as decisions with positive content, which are crucial for obtaining a systemic overview of the current problems of the Public Assembly Law in the Russian Federation.

The teaching of professor V.T. Kabyshev on constitutionalism. To the 85th anniversary of Vladimir T. Kabyshev, doctor of law, professor, honored scientist of the Russian Federation, honorary worker of higher education of Russia

The article is devoted to the 85th anniversary of the famous Russian legal scientist, Doctor of Law, Professor, Honored Scientist of the Russian Federation, Honorary Worker of higher Education of Russia Vladimir T. Kabyshev. Speaking about the work of Professor V. T. Kabyshev, the author of the article notes that among the scientific topics (Russian constitutionalism, the foundations of the constitutional system, human rights and freedoms, democracy, the implementation of the Constitution, the constitutional mechanism of power, etc.) that have become the object of his research, the doctrine of constitutionalism occupies a central place. The teachings of V. T. Kabyshev’s work on constitutionalism is focused on the formation of an adequate understanding of the role of the Constitution in modern society and the state, the formation of a constitutional culture of citizens and officials, and the optimization of the management process, which are a condition for the progress of public relations.

Modern Russia in collective consciousness of the country’s inhabitants

The article explores collective consciousness as a theoretical construct, a type of social consciousness and as real attitude of the population towards Russia at the emotional and rational levels. It shows that modern collective consciousness in Russia is a product of mass culture, which actualized during modernization of the Russian society in the economic, political, cultural and everyday spheres of life. Today, it is influenced by mass and high-tech communications, while also reflecting the life experience of different generations. The research methodology is based on the interpretation of collective consciousness as the averaged consciousness of the whole mass of individuals in social groups; it erases individual differences, human characteristics, which in any single case may not be the same as collective consciousness, but impart collective consciousness a qualitative diversity. Empirically, the research is based on representative mass surveys – the Seventh Wave of the Russian Values and Interests Monitoring (Summer 2023), Russian Survey of Young Russian Adults (June 2020), European Social Study (ESS 2018–2019). The research attempts to determine whether the Russian mentality is more emotional than rational towards their “lesser motherland” or birthplace, their oblast/republic/krai, Russia as a country and the author suggests that these properties of mentality constitute characteristics of such a complex psychological phenomenon as Russian patriotism. The article reveals a growing rational perception of the problems of society with outspoken criticism amid high levels of emo tional attitude of the respondents to the country and “lesser motherland”. Such is the evaluation of Russia’s attractive and unattractive characteristics and the importance of civil rights and liberties, among which the rights that ensure people’s basic modern life-supporting needs, such as employment, education, property, security and protection by law, were ranked first with more than 90% of respondents stating their support. There is also a cohort of young people aged 18–24, for whom political rights and democratic freedoms, enshrined in the Russian Constitution, become more important compared to other cohorts.

RUSSIAN CONSTITUTION AS A GUARANTEE OF CIVILIZATIONAL IDENTITY AND SOVEREIGN DEVELOPMENT OF THE RUSSIAN STATE (ON THE 30TH ANNIVERSARY)

The Constitution of Russia, despite pessimistic forecasts during its adoption, caused, among other things, by the idea of the targeted, anticrisis nature of this document, was a reliable basis for the formation of national consent, reconciliation of society, and became the most important guarantee of the preservation of Russian socio-cultural identity based on traditional spiritual and moral values. In modern socio-historical and geopolitical conditions, the consolidating role of the Russian Constitution and its potential associated with ensuring the sovereign development of Russian statehood is increasing. Designed to ensure state development in conditions of historical turbulence, the Russian Constitution enshrined exible, self-adjusting mechanisms for balancing the interests of the individual, society and the state, based both on respect for the heritage and traditions of our ancestors, and on the desire for social progress. It is necessary to consistently reveal the normative, value-semantic content of the current Constitution of Russia, for which an essential prerequisite should be its demythologization in the sense of abandoning its distorted interpretations inspired by the currents of liberal-individualistic globalism. Some judgments on this matter, concerning, in particular, the ideological side of state development, the rights and freedoms of man and citizen in the system of constitutional values, spiritual, moral and legal education in the education system, are set out in the article with the expectation of further scienti c dialogue and the formation of a new constitutional paradigms of Russian statehood.

Some aspects of social security legislation in the light of constitutional changes

This article is dedicated to the issue of improving legal regulation in the field of social security, taking into account constitutional amendments. The author explores the role and significance of the Russian Constitution as a system-forming source of law, analyzes the changes concerning the formation of the pension system based on the principles of universality, fairness, and generational solidarity. The article provides an assessment of the current state of pension legislation and considers the possibility of enhancing the effectiveness of the pension system in the implementation of constitutional changes.

Organization and Implementation of Public Tax Control in Russia: Modern Problems and Ways to Solve Them

Annotation. This scientific research addresses the issues of the functioning and development of public tax control, which is the most important component in the system of guarantees of both the system of constitutional principles (especially democracy and the participation of Russian citizens in the functioning of the public administration system), and the system of rights, freedoms, legitimate interests of individuals and legal entities in Russia. The necessity of incorporating the institution of public tax control into the Russian legal system is substantiated. The article examines various approaches to defining the concept of public tax control and substantiates its author's definition. The work analyzes modern problems that hinder the development of public tax control in Russia, including: the lack of enshrinement of this institution of civil society in the Constitution; not developing specific forms, methods and types of public tax control measures in the Russian scientific legal doctrine; the lack of real powers among subjects of public control to exercise effective public tax control; lack of specialized subjects of public control in this area; poor use of modern information and communication technologies by these entities in their activities; insufficient funding for their activities from state and municipal budgets; weak use of foreign positive experience in organizing and functioning of control of civil society in this area; the absence of specific measures of responsibility for counteracting the legitimate activities of representatives of subjects of public control in criminal and administrative legislation. The article develops and substantiates a system of measures to resolve these problems by: incorporating public tax control into the Constitution of Russia; its details in Russian legislation; expanding the powers of subjects of public control; creation of special entities in the field of public tax control, independent of tax authorities; using in their activities positive foreign experience in exercising public control in the field of tax legal relations; developing a system of federal programs to develop the organizational, technical and financial base of subjects of public control, increasing their use of modern digital technologies; tightening measures of criminal and administrative liability for opposing the legitimate activities of subjects of public tax control.

Public Control as a Tool for Combating Crime

The article is devoted to the analysis of the place and role of the institution of public control in the system of tools to combat crime. This institution of civil society is analyzed as the most important legal guarantee for the implementation, protection and defense of the system of constitutional principles in Russia, as well as the system of human and civil rights and freedoms, the rights and legitimate interests of numerous public associations and other non-governmental non-profit organizations. The authors substantiate the importance of the institution of public control in the Russian Federation as a tool for the prevention and suppression of crimes. At the same time, the role of this institution of civil society is particularly highlighted as a tool in the fight against corruption and other crimes committed by officials of public authorities, state and municipal organizations, and other bodies and organizations that exercise certain public powers on the basis of federal laws. The article formalizes and explores the main problems that impede the use of the institution of public control in the fight against crime in the Russian Federation, in particular due to: the lack of mention of this institution of civil society in the Basic Law of Russia; imperfect legislation on public control; weak powers of its subjects; removing from the scope of the Federal Law of dated of 21.06.2014 № 212-FL “On the Fundamentals of Public Control in the Russian Federation” the activities, acts and decisions of the majority of Russian law enforcement agencies, as well as types of public relations where there is a high crime rate; weak funding from the budgets of all levels of activities of subjects of public control; weak use of positive foreign experience of civil society institutions in the fight against crime; insufficient use of modern information and communication technologies. The authors have developed and justified a system of measures to resolve these problems, including by: incorporating public control into the Constitution of Russia; developing a system of federal laws devoted to the organization and implementation of public control in relation to the activities, acts and decisions of the country's law enforcement agencies; expanding the powers of subjects of public control; active use of foreign positive experience of civil society participation in the fight against crime; development of a system of federal programs for organizational, legal, financial, technical support for the institution of public control in Russia.

История государственного суверенитета и его основные теории

State sovereignty of Russia is the principle according to which the Russian Federation is an independent state with full power and control over its territory, population, laws and foreign policy. This principle was enshrined in the Russian Constitution, adopted in 1993. Sovereignty in the Russian constitution implies the supremacy and independence of the state. This article presents the results of the research using the method of analyzing literary sources of domestic and foreign authors. Having studied the history of state sovereignty and the accepted classification, we were able to explain the essence of this concept and identified its most famous theories.

The Impact of the Concept of Decent Work on the Implementation of the Constitutional Reform and the Development of Deliberative Constitutionalism in Russia

The Impact of the Concept of Decent Work on the Implementation of the Constitutional Reform and the Development of Deliberative Constitutionalism in Russia

CIVIC IDENTITY AND FAMILY MEMORY OF THE URBAN YOUTH IN THE RUSSIAN ARCTIC ZONE (ON SOCIOLOGICAL SURVEYS IN POMORIE)

The article represents data from sociological research held in 2021–2023 among the youth of the Arkhangelsk region (Pomorie), characterizing the state and characteristics of civic identity, its relationship to family history, which, in its turn, is treated as the basic level of historical memory. The specificity of the indicators is determined, among other, by the fact that they were obtained in the most ethnically homogeneous region of the Russia with the largest proportion of ethnic Russians in the population. Surveys of people, primarily aged 18–25 are, are presented in comparison with data from projects on similar topics implemented by leading sociological centers in Russia. Materials from Pomorie, i.e. in one of the bearing regions of the Russian Arctic zone, indicate that representatives of the post-Soviet generation in the Arkhangelsk agglomeration have a generally formed identity, based on the awareness of the legal connection with the state, as states by the novels in Russian Constitution from 2020 and the principles of current Russian nation-building policy. Another significant trend is changes in young people’s interpretation of ethnicity is performed in increasing importance of culture and language as its main criteria. Surveys also have confirmed the growing interest of young people to family history, with an average level of knowledge, as well as the presence of a personal, emotionally charged attitude towards the main events of Russian history. The presented results indicate the demand for new tools for stimulating, supporting and satisfying youth’s interest in history, which prospectively is an effective factor in the formation of a stable civic identity among a generation that in the next decade will form the majority in the political, economic, scientific and cultural elite of the Russian Federation.

Youth of the Arkhangelsk Agglomeration in the early 2020s: Life Strategies, Identity and Historical Memory

The article summarizes the data of sociological surveys of urban youth, mainly at the age of 18-24, held in the largest agglomeration of the Arctic zone of Russia («Arkhangelsk agglomeration») in 2021-2023. Data characterizing the ethnic-language situation in the territory, features and state of regional and civil identity, historical memory in the youth environment. Particular attention was paid to the attitude of young people to the history of their own family or family, to the «places of memory» and the national holidays of the Russian Federation related to the history of the country. The article, the authors of which were also the beginning researchers, also includes the assessments of youth representatives on these aspects. In general, the commitment to urban youth of Pomorie to the basic traditional values such as family, love, work, friendship was confirmed. The stable and constructive nature of the processes of the formation of a new Russian civil identity is noted, the attitude of youth as a whole corresponds to the formula of the civil nation set by the edition of the Russian Constitution from 2020, but a decrease in indicators of regional identity was revealed. Also, in the form of expert proposals, recommendations are presented on the composition of urgent measures of a political, economic and informational nature, designed to ensure sustainable reproduction of the human potential in the cities of the AZRF European sector, including by attracting youth from other regions of Russia.

Правопреемство Россией Союза ССР: конституционно-правовые основы и принцип функционирования публичной власти

The article deals with the constitutional foundations of Russia’s succession to the USSR. The author notes that such succession can be considered in three aspects: as recognition by modern Russia of the legal acts of the USSR and its obligations; as a principle of the functioning of public authority and as the succession of the constitutional values of the Soviet state. Among the current constitutional values of the Soviet state are: social rights; a model of democracy based on the union of the peoples of Russia, public discussions, traditional values of Russian society. All this determines the conservative function of the Russian Constitution, which replaced the liberal function, which is also seen as a succession with the Soviet state. It is concluded that the basic principle of the functioning of public authority is the indicated succession, the content of which is the identification of modern Russia with the Soviet state as the bearer of its legal acts and values. At the same time, the successful development of the domestic state can be built on the best achievements of the Soviet system.

Constitutionalism in Russia. From Special Modes of Governance to Constitutional Normalcy

Abstract The 30th anniversary of the Russian Constitution is an occasion to reflect and reaffirm the principles of constitutionalism in current challenging conditions. Its adoption was not the result of the democratic process that started in 1990 and continued through 1992, but rather the outcome of a drawn-out violent struggle in 1993. Russia still lives as if in a state of exception. A coalition of ruling interests rather than a living constitutionalism set government policy and strategy. The 2020 constitutional amendment has strengthened the special mode of governance, thus exacerbating pre-existing deformities. Yet what is to be done? The author, member of parliament and Executive Secretary of the Constitutional Commission of the Congress of People’s Deputies from 1990 to 1993, calls for a shared civic constitutional identity. This can be achieved by building up a balanced constitutional normalcy within the framework of peaceful coexistence between all socio-political groups. He argues that constitutionalism is a wellspring of social stability and government legitimacy. The recognition of traditional values as universal constitutional values may provide an opportunity for building bridges in a divided society, reinvigorating core state institutions, expanding democratic participation, and reviving public debate, co-operation and oversight.

From “Living Constitutionalism” to “Zombie Apocalypse”. Valery Zorkin, the Constitutional Court and Russian Authoritarianism

Abstract The 2020 constitutional amendments marked a turning point for Russian constitutionalism. The Constitution finally lost its limiting function and the Constitutional Court lost significant power. The long-serving Chairman of the Russian Constitutional Court, Valery Zorkin, however, remained in power and continues to guarantee authoritarian legality and approval for Putin through favorable rulings, his theory of state and law, and support for the constitutional amendments in 2020. Over the years, Zorkin has adapted to the increasing authoritarianism of the Putin regime. This is all the more remarkable given that Zorkin was a strong defender of legalism and opposed Boris Yeltsin’s power grab in 1993. The figure of Zorkin can help us explain the development of Russian constitutionalism during the last 30 years and the poses questions for comparative constitutional law.

Escape from Political Freedom. The Constitutional Crisis of 1993 and Russia’s Political Trajectory

Abstract The constitutional crisis of 1993 was one of the major turning points in the failed democratization of Russia and subsequent turn of the country towards personalist authoritarianism. The October 1993 conflict, as the crisis is commonly called in Russia, was driven by a strategic choice of priorities by Russia’s political leadership during the post-Communist “triple transition”. After the overthrow of the Communist regime in August 1991, Russian elites prioritized market reforms and sacrificed further democratization of the country for the sake of preserving the new political status quo. This choice, made at the expense of building new democratic institutions, greatly contributed to the clash between the plebiscitary legitimacy of President Boris Yeltsin and unconstrained legality of the parliament, which was resolved in a violent zero-sum game in October 1993. The new Russian constitution sought to drastically reduce institutional constraints to presidential power. Its approval paved the way to authoritarian regime building and served as a role model for other post-Soviet countries.

An Authoritative Accessory. The IMF’s Role in the 1993 Russian Constitutional Crisis

Abstract This article examines the role of the International Monetary Fund in Russia’s 1993 constitutional crisis. The IMF’s role in the crisis remains as politically contested as it is empirically unknown. Critics of Yeltsin’s actions have implied that he was acting at the behest of the United States and, by extension, the IMF. By contrast, many scholars of post-Soviet Russia have concluded that the IMF had little effect on Russian political decision making throughout the 1990s. This article adds to this debate by bringing to light for the first time the IMF’s own detailed records of its interactions with the Russian government in the latter half of 1993 and early 1994. The picture that emerges is a complex one: there is no evidence that the IMF was anything more than an observer of the violent standoff between Yeltsin and Parliament. But IMF officials did hope the dissolution of parliament would clear the way for deeper economic reforms, and they pushed the government that emerged from December 1993 elections into accepting a number of austerity measures. Therefore, the Fund’s relations with Moscow at the time of the 1993 crisis form one important chapter in a longer history of the IMF gaining control over Russian economic policy during the course of the 1990s.