Amendments to Chapter 3 of the Constitution of the Russian Federation Through the Prism of the Properties of Its Internal Structure

The significant resonance generated by the amendments to the Constitution of the Russian Federation, adopted in 2020, was expressed in a wide public discussion of the issue of the limits of constitutional changes. All over the world, containing arguments for and against the need to make changes to constitutional provisions, public statements have largely been reduced to highly politicized theses. It seems that over time it is necessary to give a balanced assessment of the Constitution in order to summarize the interim results and outline the field of prospects for constitutional construction. The purpose of the article: to unite and expand the theses existing in Russian science about the negative consequences, which were born of ambiguous amendments to the Constitution of the Russian Federation, adopted in 2020. At the same time, the study will focus on the analysis of amendments to Chapter 3 of the Constitution as the most general and fundamental changes. For the purposes of the study, a set of general, general scientific and special methods of scientific knowledge was used, including general methods, systemic and historical methods, as well as special methods of legal interpretation and the formal legal method. As a result of the study, it was revealed that a number of amendments to Chapter 3 of the Constitution of the Russian Federation violate its homogeneity and stability, since it contradicts the unchangeable chapters of the Basic Law. Thus, the result of constitutional changes seems extremely ambiguous both from the standpoint of the theory of constitutionalism and from the point of view of formal legal technology. The author separately notes the need to take into account the requirements of the spirit and letter of the Basic Law in the practice of constitutional innovations.

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Publication Details

Journal
Baikal Research Journal
Published
2024-08-31
DOI
https://doi.org/10.17150/2411-6262.2024.15(3).901-910
Primary Topic
Legal and Policy Issues
Type
article
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article

Amendments to Chapter 3 of the Constitution of the Russian Federation Through the Prism of the Properties of Its Internal Structure

Maksim D. Gorbunov
Baikal Research Journal
Legal and Policy Issues
article

Amendments to Chapter 3 of the Constitution of the Russian Federation Through the Prism of the Properties of Its Internal Structure

Maksim D. Gorbunov
article en

Abstract

The significant resonance generated by the amendments to the Constitution of the Russian Federation, adopted in 2020, was expressed in a wide public discussion of the issue of the limits of constitutional changes. All over the world, containing arguments for and against the need to make changes to constitutional provisions, public statements have largely been reduced to highly politicized theses. It seems that over time it is necessary to give a balanced assessment of the Constitution in order to summarize the interim results and outline the field of prospects for constitutional construction. The purpose of the article: to unite and expand the theses existing in Russian science about the negative consequences, which were born of ambiguous amendments to the Constitution of the Russian Federation, adopted in 2020. At the same time, the study will focus on the analysis of amendments to Chapter 3 of the Constitution as the most general and fundamental changes. For the purposes of the study, a set of general, general scientific and special methods of scientific knowledge was used, including general methods, systemic and historical methods, as well as special methods of legal interpretation and the formal legal method. As a result of the study, it was revealed that a number of amendments to Chapter 3 of the Constitution of the Russian Federation violate its homogeneity and stability, since it contradicts the unchangeable chapters of the Basic Law. Thus, the result of constitutional changes seems extremely ambiguous both from the standpoint of the theory of constitutionalism and from the point of view of formal legal technology. The author separately notes the need to take into account the requirements of the spirit and letter of the Basic Law in the practice of constitutional innovations.

Baikal Research JournalVol. 15(3)
N. I. Lobachevsky State University of Nizhny Novgorod (RU)
Openalex Percentile: Top 43%
Legal and Policy Issues
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