Law of the Russian Federation on the amendment to the Constitution of the Russian Federation: evolution of legal properties

 
PIIS102694520013668-5-1
DOI10.31857/S102694520013668-5
Publication type Article
Status Published
Authors
Occupation: Professor of the Department of Constitutional and Municipal Law
Affiliation: Kutafin Moscow state Law University (MSAL)
Address: Moscow, Russia
Journal nameGosudarstvo i pravo
EditionIssue 2
Pages7-15
Abstract

The paper based on the analysis of legislation, practice of the Constitutional Court of the Russian Federation and the practice of adopting laws on amendments to the Constitution of the Russian Federation shows the process of evolution of legal properties of this law. Such legal properties of the law on amendment as legal force, subject of legal regulation, procedure of adoption and entry into force are studied. The author believes that the change in these legal properties also affects the properties of the Russian Constitution and, above all, such property as stability. Special attention in the article is paid to the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation from 14.03.2020 No. 1-FKZ "On improvement of regulation of certain issues of organization and functioning of public authority". According to the author, there was another transformation of legal properties of the law on the amendment, concerning the order of entry into force of this law.

Keywordslaw, constitution, amendments to Constitution, law, Constitutional Court of the Russian Federation, law on amendment to Constitution of the Russian Federation, legal properties, legislator, legislative process, norms, legal force, Russian legal system
Received19.05.2020
Publication date17.02.2021
Number of characters31489
Cite  
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

Number of purchasers: 0, views: 957

Readers community rating: votes 0

1. Anichkin E.S. Transformation of the Constitution of the Russian Federation (to the question of the discussion around one legal category). 2008. No. 22 (in Russ.).

2. Evdokimov V.B., Tukhvatullin T.A. Some problems of making amendments to the Constitution of the Russian Federation (theory and practice) // State Power and Local self-government. 2014. No. 4. P. 18 (in Russ.).

3. Jellinek G. Constitutions, their changes and transformations / transl. from the German B.A. Kistyakovsky. SPb., 1907. P. 5 (in Russ.).

4. Zenkin S.A. Modernization of the Constitution of the Russian Federation: regulatory model and practice // Lex Russica. 2018. No. 11. P. 40 - 62 (in Russ.).

5. Kutafin O.E. Sources of Constitutional Law of the Russian Federation. M., 2002. P. 82 (in Russ.).

6. Mityukov M.A. On the conversion of the Constitution of the Russian Federation // Law and the power. 2001. No. 1. P. 105 - 112 (in Russ.).

7. Nevinsky V.V. Transformation of the Constitution of the Russian Federation: concept, methods, limits // Constitutional and legal foundations of reform and development of state authorities and local self-government in the Russian Federation: collection of articles / ed. by I.A. Kravets, V.S. Kurcheev. Novosibirsk, 2005. P. 8 - 18 (in Russ.).

8. Ovsepyan Zh. I. Theory of the federal law (ordinary, or simple, ordinary federal laws) as a source of law in Russia in the period of globalization // Constitutional and Municipal Law. 2015. No. 11. P. 64–74 (in Russ.).

9. Taeva N.E. Some problems of transformation of the Constitution of the Russian Federation: collection of works of the Department of Constitutional and Municipal Law of Russia, dedicated to the 15th anniversary of the Constitution, "The modern Russian constitutionalism: theory and practice" / ed. by S.V. Naruto, E.S. Shugrina. M., 2008. P. 253–264 (in Russ.).

10. Taribo E.V. Judicial constitutional review: understanding the Russian experience. M., 2018 (in Russ.).

11. Troitskaya A. A. The Russian Constitutional Court and verification of amendments to the Constitution: how to open a slightly open door // Comparative constitutional Review. 2016. No. 2. P. 96 - 115 (in Russ.).

12. Umnova I.A. Joint management of the Russian Federation and its subjects as a subject of constitutional regulation // Journal of Russian law. 1999. No. 11 (in Russ.).

13. Chirkin V.E. Is the terminology about the adoption of amendments to the Constitution of the Russian Federation correct? // Constitutional and Municipal Law. 2018. No. 2. P. 3–7 (in Russ.).

14. Ebzeev B.S. The person, the people, the state in the constitutional system of the Russian Federation. M., 2013. P. 51, 52, 56 (in Russ.).

Система Orphus

Loading...
Up