Usenkov I.A. Constitutional Stability in View of the 2020 Constitutional Reform in the Russian Federation
DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.7
Ivan A. Usenkov, Assistant, Department of Constitutional and Municipal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2522-8517
Introduction: the stability of the constitution is a special kind of stability, because if its relevance to rapidly changing social relations is usually fundamentally important for a normative act, then the constitution is largely designed to restrain the paroxysms of social development, carry the values of society through time and preserve the main directions of its development. The study attempts to give an answer about the prerequisite for the most natural and correct change of the constitutional act, despite the fact that, ultimately, it may depend on the specific conditions of constitutionalism in each individual country. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are the method of analysis and the system method. Results: the imperative of necessity and prerequisites for the reform of constitutional acts are formulated, the logic and inevitability of the 2020 constitutional reform in Russia are noted, and at the same time, its internal features, which in the future may increase the frequency of constitutional changes. The conclusions are drawn that the stability of the constitutional act should not mean its immutability at all; the answer to the question about the prerequisite for the most natural and correct amendment of the constitutional act depends on the interpretation of the essence of the constitution: if the constitution is a normative act of the highest legal force, then the constitutional text will lose any degree of conformity with the needs of society and the state; if it is a social contract, then the conditions of the latter will be changed by its participants; if it is the act of fixing the alignment of political forces, then there will be a change in such an alignment; if it is a “change management tool”, then there will be a change in the “core of consent”; in each of the above interpretations of the essence of the constitutions, the time for changing the domestic Basic law, apparently by 2020, has really come, and therefore, the 2020 constitutional reform, despite the ambiguity of its assessments, is a logical development of the state in Russia.
Key words: stability, constitution, constitutional reform, social contract, the core of consent.
Citation. Usenkov I.A. Constitutional Stability in View of the 2020 Constitutional Reform in the Russian Federation. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 3, pp. 52-56. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.7
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