CONSTITUTIONAL VALUES AS THE BASIS FOR THE DEVELOPMENT OF JUDICIAL POWER: PROBLEMS OF CERTAINTY AND IMPLEMENTATION

Within the framework of Russia's constitutional development, new constitutional values are being defined and the understanding of existing constitutional values is being clarified, correcting the statutory, institutional, and procedural elements of judicial power. The ongoing significant adjustment of the hierarchy of values requires the definition and maintenance of a new balance of constitutional values in the sphere of judicial power. The paper analyzes the adjustments made by the constitutional reforms to the concept of judicial power. Approaches are proposed to achieve a new balance in the system of constitutional values based on consistency and proportionality between the restriction of human and civil rights and freedoms and the protection of constitutionally significant values of the common good. The problems of reconciling a new balance of constitutional values in the sphere of judicial power are identified and characterized. It is concluded that the judiciary is a sphere of manifestation of emerging conflicts in the developing hierarchy of values in the course of constitutional reforms, plays an important role in maintaining a balance of constitutional values, reflecting the evolution of modern Russian constitutionalism.