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The paper highlights the publication of the first comprehensive edition on the history of domestic consitutional justice. An attempt to reconstruct the prehistory of domestic constitutional normative control supported by a profound source base is one of the values of the retrospection section (until 2001). The paper marks two opposite interpretations of constitutional control — constitutional (value-based) and functional (pragmatic). The ambivalent understanding of the nature of constitutional jurisdiction results in groundless, both conceptually and empirically, reproaches of constitutional justice for politicization. The chapters on the current stage provide both less properly justified and contradictory theses than those expressed in retrospection section chapters. Lack of strength of the expressed arguments adversely affect the methodological integrity and conceptual unity of the entire text.

Vol. 2. published by Izdanie kn. P.D. Dolgorukova i I.I. Petrunkevicha pri uchachii redakt︠s︡ii gazety "Pravo." ; Includes bibliographical references. ; Mode of access: Internet.

At head of title: S.A. Kotli︠a︡revskīĭ. ; Includes bibliographical references. ; Mode of access: Internet.

The subject. The article is devoted to different measures of constitutional legal enforcement in the constitutional law of Brazil, their analyzing, depending on main goal of coercion.The purpose of the paper is to extend constitutional knowledge about measures of constitutional legal enforcement and to demonstrate generic character of constitutional legal enforcement theory for different countries.The methodology of the study includes general scientific methods (analysis, synthesis, description) and legal methods.The main results and scope of their application. The author describes different measures of constitutional legal enforcement in the constitutional law of Brazil. Constitutions of foreign countries contain various measures of constitutional coercion as the main way to resolve constitutional conflicts.Among the measures of constitutional and legal coercion enshrined in the Brazilian Constitution are: holding the President accountable for abuse of power; temporary termination of the powers of the President of the Republic during the process of bringing him to justice; prohibition of the President and Vice-President of the Republic to leave the territory of the country for a certain period without the approval of the Parliament; recognition by the National Congress of the positions of the President and Vice-President as vacant if they fail to exercise their constitutional powers within 10 days of taking office;holding new elections when the positions of the President and Vice-President are declared vacant if they fail to exercise their constitutional powers within 10 days from the date of taking office.Conclusions. Depending on the constitutional system, the history of the state, measures of constitutional coercion may be different in content, but it remains possible to classify such measures depending on the main purpose of their application. The system of measures of constitutional legal enforcement, including measures of prevention, suppression, restoration, responsibility and security is applicable not only for the Russian constitutional law, but also for constitutional law of foreign countries, in particular, Brazil. ; Рассматриваются различные меры конституционно-правового принуждения, существующие в конституционном праве Бразилии. Утверждается, что действующая Конституция Бразилии представляет собой подробный и самобытный акт конституционного права, содержащий в себе различные меры по разрешению конституционно-правовых конфликтов, изучение которых расширит научные представления о системе мер конституционно-правового принуждения в целом.

В статье представлена конституционная теория Э.Ж. Сийеса в эпоху брюмера в связи с развитием конституционных форм политического процесса конца XVIII -- первой половины XIX вв. и с утверждением в общественной жизни либеральных и демократических идей и ценностей. Названные политические ориентиры обладали высокими интегративными и адаптационными возможностями в обществе, вышедшем из революции. В целях достижения общественно-политической стабильности были возможны и авторитарные формы власти. ; The author describes the activity of Sieyès in 1799 as contributing to the development of constitutional forms of liberalism in its democratic form during the first part of XIX century. These forms with their unifying potential were becoming the new landmarks of public space in society losing its bearings. Its success can be partially explained by the attractiveness of its values and of promising juridical structure which created a hierarchy of revolutionaries elites gathered together in this political system. The model of directed democracy (mix of authoritarian elements) and of empire remained the alternatives to face the situation of social mutation.

Today, the world over a debate is going on regarding the usefulness of the forms of democracy that different states have adopted over time. The meaning and associations with the concept of democracy and its attendant political forms have changed at critical points in history. These changes have been attributed both to, evolutionary and revolutionary impulses that have expanded or transformed the ways in which democracy and the relationship of its political forms with the people had been primarily understood. The most enduring association of democracy with freedom and equality is a historical product that came into being with the onset of capitalism with its philosophical basis in political liberalism. The dominance of capitalist liberal democracy has given such stability to this association that "democracy" can no longer be imagined in any other political imaginary and that its associated meanings of freedom and equality are self-evident and inherent not only to the concept itself but to capitalism. The paper interrogates such ahistorical understanding of the concept of democracy and recuperates the radical history of contentions over its meanings and its most abiding political form i. e. constitutional democracy. The transcendence of national boundaries towards a global citizenship has put a strain on the fundamental operative terrain of constitutional democracy. The values of freedom and equality laid out in the Constitution premised on a liberal contract are more undermined today, than ever before with transnational capital and global citizenship breaking the bounds of constitutional purview. This has brought the concept and political forms of constitutional democracy into a state of crisis today. Can re-looking at the past traces of suppressed contentions over the meaning and forms of democracy give us any insight as to how we can work through the constitutional crisis today? If the meaning and associations with democracy is not eternal but historical, can we bring it them within other political imaginaries?

The article attempts to study the development and current state of the institute of parliamentarism of Kazakhstan in the context of the constitutional reforms carried out. The main historical stages of its development from 1991 to 1995 are ana-lyzed. The essence of the concept of parliamentarism in the narrow and broad senses of the word is considered, and several groups of scientists with different points of view on the position of parliamentarism are also identified in the course of the study. The constitu-tional foundations of the Kazakh institute of parliamentarism are revealed. The various reasons for the adoption of the new Basic Law in 1995, as well as the shortcomings of the previous Constitution, which led to a protracted parliamentary crisis, are analyzed. The paper defines the 5 stages of the development of independent Kazakh parliamentarism. The article describes in detail the 3 main constitutional reforms carried out in the Re-public of Kazakhstan in 2007, 2017 and 2022, in terms of their impact on the process of improving the institution of parliamentarism. In the process of researching these reforms, the new functions and powers of the parliament to strengthen control over the government of the country are considered. The constitutional novel in the history of Kazakhstan, which establishes the limitation of the terms of office of the President of the Republic from two 5-year to one 7-year term, which undoubtedly affects the parliament, increasing its responsibility for the fate of the country, is analyzed, international experience is studied, according to which it is concluded that in such a developed country as the Republic of Korea such a constitutional mechanism is functioning successfully, and the country is consistently developing with a strong parliament along the democratic path.

The subject. The paper concentrates on problem of development constitutional nihilism in Russia.The purpose of the article is confirmation or confutation of the hypothesis that we can distinguish four legal periods in the development of constitutional nihilism in Russia, taking into account its criteria.The methodology of study includes historical analysis of legal literature and formal legal analysis of normative legal acts.The main results and scope of their application. The concept of constitutional nihilism is debatable. There is no single definition of constitutional nihilism. The paper analysis main definitions Russian and foreign scientists and offer new integrating definition. The criteria of constitutional nihilism are very similar to criteria of legal nihilism but there are several exceptions. Еhe following grounds for classifying constitutional nihilism are most informative: level of prevalence; the nature of the external manifestation; the nature of denial; orientation of the nihilistic attitude, subjects of negation. At various stages of Russia's development, the main social groups among which constitutional nihilism was widespread were senior civil servants, high rank military officials and even presidents and even Emperor's family. The object of constitutional nihilism is the denial and non-fulfillment of con-stitutional norms, non-participation in the implementation of constitutional relations. Constitutional nihilism in Russia is closely intertwined with constitutional upheaval, conspiracy, and rebellion. Constitutional nihilism is dangerous not only because it changes the structure of the state, but also because of the surge of legal nihilism among the population of the country. The sources of constitutional nihilism are periods of upheaval and other negative events that push the highest echelons of power to deliberately violate the laws.Conclusions. There are four main period of constitutional nihilism in Russia. The table compiled by the author contains six historical periods and four legal periods. Each of them is based on criteria of constitutional nihilism. The next period of constitutional nihilism can be calculated, because most often it occurs after large-scale social upheavals, but with the arrival of a strong and influential leader of the country, constitutional nihilism disappears for a while. ; Статья посвящена вопросам определения понятия конституционного нигилизма и периодизации его проявлений. Анализируются конституции и нормативно-правовые акты, имеющие конституционное значение. Выявлены критерии конституционного нигилизма и основные этапы его развития в России.

Introduction. The article presents the author's interpretation of the process of constitutional control institutionalization in Russia. The paper highlights the dominant factors and main vectors of the constitutional control transformation in the context of modernizing the political and legal systems of the Russian Federation. The authors pay a particular attention to the specifics of the Constitutional Court of the Russian Federation functioning in the current system of separation of powers and upholding the sovereignty of the Russian state in the context of contradictory modern processes of political globalization.

Methodology and methods. The theoretical and methodological base of the work includes theses of Russian and foreign scientistsconstitutionalists A. Medushevskiy, V.E. Chirkin, L. Fridman, F. Luscher. The theories of political modernization and globalization (A.Yu. Melvil, S. Lantsov, S. Eisenstadt, S. Huntington, I. Wallerstein, Z. Bauman) were used to analyze the functional specificity of constitutional control institute activities in the conditions of forming a global and regional "risk society", and a new Russian state after the Soviet Union collapse. The empirical base of the study was the following: the Constitution of the Russian Federation; Constitutional and Federal laws of the Russian Federation, other legal documents regulating the activities of state authorities and administration; periodical materials; research results of the leading sociological centers – Russian Public Opinion Research Center (VTsIOM), Levada-Center.

Analysis. The stages of forming the constitutional control institution and its transformation should be considered in the context of modernizing the Russian state, its political and legal systems. At the same time, the inconsistency of the statist model of political modernization in Russia has a significant impact on modern institutional reinforcement and the practice of implementing the principle of separation of powers, including the political and legal status of the Constitutional Court of the Russian Federation. The escalation of internal and external risks and threats to the Russian society and state objectively defines a number of restrictions to the comprehensive disclosure of the constitutional justice political potential.

Discussion. The main discussion dominants in analysing factors and directions of the constitutional control institute transformation in modern Russia are the following: the degree of rootedness of constitutionalism principles and constitutional values in the public consciousness of Russian citizens, and first of all among the ruling elite; the effectiveness of implementing constitutional control in comparison with other types of control – public, civil, parliamentary, etc.; the indicators of performance of the Constitutional Court of the Russian Federation to strengthen Russia as a legal, democratic state while ensuring stable and safe development of the national society.

Results. The article highlights the main stages of the constitutional control institutionalization in the national history. The interrelation of modernization transformations of Russian society and the state with formation and functioning of the Constitutional Court of the Russian Federation is traced. The paper presents the dominant vectors of the constitutional control institute transformation in the Russian political and legal space, taking into account real and potential risks and threats in the personality-society-state system.

The subject. The article analyzes seven stages of the evolution of the constitutional legal status of the first federal territory in history the District of Columbia, USA. In the course of this analysis, the author formulates the constitutional legal risks of the existence of federal territories in the state. From the standpoint of identifying constitutional legal risks, an amendment to Article 67 of the Constitution of the Russian Federation on the possibility of the formation of federal territories on the territory of Russia is also analyzed.The purpose of the paper is to identify constitutional legal risks in terms of the existence of federal territories using the example of the centuries-old struggle of the District of Columbia for autonomy.The methodology of the study includes general scientific methods (analysis, synthesis, description) and legal methods. In addition to this, historical method was also applicable.The main results and scope of their application. The author realized, that a certain constitutional risk exists when the federal territory is established as a special public-law entity, because the evolutionary process of the constitutional-legal status of the first federal territory, that was established in constitutional law – the District of Columbia in the United States of America, demonstrated such risk. The author describes seven different stages of the evolutionary process of the DC's constitutional legal status in its pass to autonomy and full political rights: (1) 1800–1870; (2) 1871 – June of 1874; (3) 20 of June 1874 – 1967; (4) 1967–1973; (5) 1973–1983; (6) September of 1983 – 2016; (7) since 2016 until now.According to these periods, since 1801, DC residents, bound by all obligations of American citizenship, want to be equal to the rest of America's citizens. The United States is the only democratic country in the world today that denies the right to vote for a representative of the capital in the Congress. The Statehood of Washington, DC will correct a long-standing historical injustice that is unique in its nature among all capitals in the world. The author also proposes to consider as a constitutional risk the possibility of negative consequences (legal damage) for the subjects of constitutional law due to the contention of constitutional values.In addition to this, the author concluded, that there is a risk that the Council of the Federal Territory "Sirius" will lose its representative character due to the absence of the established dependence of the number of elected Council members on the number of voters, as happened in the District of Columbia, where a fixed number of Council members (13) is also established, which cannot be changed by the district and which does not depend on the population living in its territory. It is also necessary to take into account the constitutional risk of the federal territory striving for autonomy within the federation, especially in the case of the formation of a local community on its territory. ; Анализируются семь этапов эволюции конституционно-правового статуса первой в истории федеральной территории – округа Колумбия, США. В ходе анализа формулируются конституционно-правовые риски, связанные с существованием федеральных территорий в государстве. С позиции выявления конституционно-правовых рисков также рассматривается поправка к ст. 67 Конституции РФ о возможности образования федеральных территорий в России, а также Федеральный закон от 22 декабря 2020 г. № 437-ФЗ «О федеральной территории "Сириус"». Делается вывод, что существует риск утраты представительного характера Советом федеральной территории «Сириус» в связи с отсутствием установленной зависимости количества избираемых членов Совета от численности избирателей. Также существует конституционно-правовой риск в виде стремления федеральной территории к автономии в составе федерации, особенно в случае образования местного сообщества на его территории.