On the inevitability of the development and adoption of a new Constitution of the Russian Federation and what should be in her

Based on a scrupulous analysis of the chronology and essential characteristics of the amendments to the Constitution of the Russian Federation in 1993, the author came to the conclusion about a clear periodization of these changes (2008 - 2014 - 2020), and after six years, a pattern of projecting the inevitability of the adoption of a new Constitution of the Russian Federation is seen - approximately in 2026. Confirmation of the objective need for a new Constitution are also: the initial defect of a number of constitutional provisions contained in chapters 1 and 2 of the Constitution of the Russian Federation in 1993, which cannot be changed without the adoption of a new Constitution of the Russian Federation; the resulting contradictions (explicit and implicit) between the constitutional provisions contained in сhapters 1 and 2 of the Constitution of the Russian Federation, on the one hand, and chapters 3 - 8, on the other hand; the defectiveness of a number of innovations to the Constitution of the Russian Federation made in 2020 (primarily related to the constitutional foundations of the justice mechanism); and most importantly, it is possible to construct the new Constitution of the Russian Federation in 2026 on a qualitatively different basis with a focus on the future, with a happy society, a highly efficient state structure, a strong economy, etc., which should be based on a national idea, the core of which will be justice sacred to our society. Specific proposals are being made, including what the new Constitution of the Russian Federation should contain

Keywords

changeability of the Constitution of the Russian Federation of 1993, the inevitability of the adoption of a new Constitution of the Russian Federation in 2026, the main ideas of the future Constitution of the Russian Federation

Received

01.11.2021

Publication date

17.03.2022

Number of characters

45977

Cite

GOST	Kleandrov M. On the inevitability of the development and adoption of a new Constitution of the Russian Federation and what should be in her // Gosudarstvo i pravo – 2022. – Issue 1 C. 7-18 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520018267-4-1 (circulation date: 04.05.2024). DOI: 10.31857/S102694520018267-4
MLA	Kleandrov, Mikhail I "On the inevitability of the development and adoption of a new Constitution of the Russian Federation and what should be in her." Gosudarstvo i pravo 1 (2022):7-18. DOI: 10.31857/S102694520018267-4
APA	Kleandrov M. (2022). On the inevitability of the development and adoption of a new Constitution of the Russian Federation and what should be in her. Gosudarstvo i pravo (1), pp.7-18 DOI: 10.31857/S102694520018267-4

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1. Baburin S.N. Constitutional reform 2020 in the Russian Federation as a way to strengthen the nation // Constitutional and Municipal Law. 2021. No. 1. P. 6 (in Russ.).

2. Veliyeva D.S., Presnyakov M.V. Reform of the constitutional Court of the Russian Federation: “who will guard the watchmen” // Constitutional and Municipal Law. 2021. No. 1. P. 20, 21 (in Russ.).

3. Gubenko M.I. Differentiation of competence between courts of general jurisdiction and arbitration courts on disputes involving the head of the organization // Russ. Justice. 2021. No. 7. P. 23–34 (in Russ.).

4. Javakhyan R.M. Judicial power: in search of constitutional balance // Modern law. 2020. No. 3. P. 1018 (in Russ.).

5. Zorkin V.D. Under the sign of the Basic Law // Ross. gas. 2021. 28 Oct. (in Russ.).

6. From the history of the Constitution of the Russian Federation. Constitutional Commission: transcripts, materials, documents (1990 - 1993): in 6 vols. / ed. by O.G. Rumyantsev. M., 2007–2010 (in Russ.).

7. Kleandrov M.I. On the model of a single statutory court for a complex subject of the Federation // Problems of formation and activity of constitutional (statutory) courts of the Russian Federation: materials of the All-Russian meetings (Moscow, December 24, 1999) / ed. by M.A. Mityukov, S.V. Kabyshev, V.K. Bobrova and S.E. Zaslavsky: collection of art. M., 2000. P. 151–160 (in Russ.).

8. Commentary on the Constitution of the Russian Federation / ed. by V.D. Zorkin. 3rd ed., rev. M., 2013. P. 541 (the author of the commentary to Article 65 of the Constitution of the Russian Federation - V.A. Vitushkin) (in Russ.).

9. The Constitution of Russia 10 years: implementation experience: materials of the All-Russian Scientific and Practical Conference. Tyumen, 2003. P. 12 (in Russ.).

10. Constitutional Conference. Transcripts. Materials. Documents. April 20 - November 10, 1993: in 20 vols. M., 1995–1996 (in Russ.).

11. Mityukov M.A. In search of finding the Constitution: The Constitution of the RSFSR in 1978 by the Constitution of the Russian Federation of 1993: the documentary a monographic study. M., 2021. P. 358 - 360 (in Russ.).

12. Organization of Soviet science in 1926 - 1932: collection of documents. L., 1974. P. 294 (in Russ.).

13. Simchera V. This moan we have “money” is called // Arguments of the week. 2019. 20 Nov. (in Russ.).

14. Stenichkin N.G. Ensuring the independence and independence of the judiciary in the context of the constitutional reform of 2020 // Lex russica. 2020. Vol. 73. No. 5 (162). P. 41–52 (in Russ.).

15. Chirkin V.E. // Legal Encyclopedia / ed. B.N. Topornin. M., 2001. P. 457 (in Russ.).

16. Chupilina A.F. Unification of the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation: legislative improvements or new problems? // Arbitration and civil procedure. 2014. No. 8 (in Russ.).

17. Shakhray S.M. The Unknown Constitution incognita. M., 2013. P. 293 (in Russ.).