Suchergebnisse

The constitutional reforms in Russia are amongst the most significant news for Russia's partners in international relations. The configuration of international law and Russian domestic legal order falls within the scope of the constitutional changes of 2020, and there is no chance that this change will be abandoned by the legislator. This particular amendment was not actively commented on during the nationwide discussion on the constitutional reform; it drew mostly experts' attention. The article alleges that the constitutional amendment restricting the applicability of international case law in Russia is both a transient response to the instant political tension around Russia, and a formalization of the positivistic trend well established in domestic judicial practice. The positivistic trend is part of the process shaping Russia's own approach to international law. The prospective amendment concerning international case law in the Constitution of the Russian Federation will not hinder the rules expressly stated in the treaties of the EAEU. However, the resolutions of the EAEU's structures and institutions, including the case law of the Court of the EAEU, are likely to be scrutinized in a defensive way by Russian Constitutional court in situations extraordinary for the Russian State, ensuring their conformity with the unquestionable and unconditional supremacy of the Russian Constitution.

Abstract. Today, one of the most important, most difficult tasks in Russia is the development, improvement of real, practical
constitutionalism. For its successful solution, of great importance is the study, taking into account the historical experience of our
country in this area. And it is precisely in this that the relevance of the presented article lies, which is devoted to the analysis of the first
domestic constitutional projects that appeared in the second half of the 18th century, the consolidation, regulation of the institutions
of constitutionalism in them, their possibility of using, of course, with appropriate amendments in modern conditions. Note that these
issues have been and remain in the focus of attention of foreign scientists, for example, D.L. Ransel, S.N. Wittaker, C.S. Lenard, M. Raev,
S. Bartolissi.
The author's approach to the very concept of "constitutionalism" as a multilateral phenomenon associated with the real presence
of the constitution is presented; practical constitutionalism; theoretical constitutionalism. The characteristic of constitutional drafts,
the provisions contained in them, concerning constitutionalism of representatives of various kinds of currents of political and legal thought
of the second half of the 18th century, and especially the nobility, enlightenment, and popular movement, is given. Based on the analysis,
it is concluded that, first of all, in the Russian constitutional projects of that time, three most important institutes of constitutionalism
are fixed – representation, and in this regard, representative democracy, parliamentarism; self management; separation of powers. Their
contents are disclosed. Note that all these three institutions are present in modern Russia. But the question of their improvement, real
effective functioning remains in demand. First of all, three fundamental research methods were used in the work: dogmatic; historical
and legal; comparative legal. The article is of interest to government officials, students, university professors, researchers, all those who
are interested in issues of constitutional law of the Russian Federation, the domestic history of the state and law.