Law-Making Functions of Constitutional Justice in Modern Russia

The article examines the role of the Constitutional Court of the Russian Federation in the constitutionalization of the legal system, which serves as the foundation of Russian statehood. By analyzing the normative provisions of the legislation, as well as the doctrinal positions of legal science, the author concludes that the results of authentic judicial law-making, enclosed in the form of legal positions of the Constitutional Court of the Russian Federation, act as the basis of “living” constitutional law (in the broad sense), ideas and principles which are required to be implemented in the letter of industry legislation. Particular attention is paid to substantiating the effectiveness of “disqualifying” decisions of the Constitutional Court of the Russian Federation, subject to their timely implementation, in eliminating defects in lawmaking (legal gaps and conflicts), as well as bringing legislation into line with the norms and needs of the objective social reality of modern Russian statehood. Specific problems of implementing operative acts of the Constitutional Court of the Russian Federation are identified and proposals are formulated for their resolution by improving the regulatory legal framework.