The widespread and increasing activity of certain territorial entities in a number of jurisdictions in recent decades, aimed at establishing their absolute independence from the states to which they belong, and the establishment of their own statehood, poses a threat to the stability of the fundamental constitutional principles of the territorial integrity of the state and state sovereignty. The consequences of the territories actions to secede from the state, bypassing constitutional mechanisms and reasonable political dialogue to find consensus and ensure an equally acceptable solution for each of the parties, are the aggravation of social contradictions, the increase in the level of social tension, the violation of human rights and freedoms. Recent events related to the initiative of Catalonia to secede from Spain, particularly clearly demonstrate the possible result of a non-legal way to resolve the contradictions about the status of a territory within the state. The theoretical basis of this study is represented by the researches of European scientists on the realization of the people's right to self-determination. The empirical basis of the research is the opinions of the European Commission for democracy through law (Venice Commission), the decisions of state and supranational bodies. The methodological basis of the study is the formal-logical method, the method of system analysis, structural and functional method. The article presents the author's legal assessment of modern separate activity in the world (on the example of the process of Catalonia's secession from Spain). The study concludes that the people's right to self-determination should be interpreted only within the provisions of national constitutional acts and international legal instruments that do not provide (with rare exceptions) the admissibility of secede from the state territory in cases, where the population of the territory has the legal and actual ability to administrate within such territory. Broad interpretations of the people’s right to self-determination content, allowing the possibility of establishment by the people of the territory their own state, which not caused by the liberation of the population from colonial regime, or gross violations of the rights of such populations, is conflicting to fundamental principles of international law - the principle of territorial integrity and inviolability of state borders. The people’s right to self-determination, which had emerged as a legal means of combating colonialism, could not be used to destroy already established state borders or to undermine state sovereignty. The secession of a territory from the state is permissible only in exceptional cases and only to prevent a gross violation of human rights and freedoms.

Introduction. In the modern system of statebuilding the welfare state, as a concept, the genesis of which is associated with the need to resolve the aggravated social contradictions, is a fundamental principle, destined to determine the content of state policy. Notwithstanding the fact that the most comprehensive view of the welfare state concept was formed relatively recently, the description of certain features of the welfare state as a specific phenomenon of social life is seen in the works of philosophers and lawyers of various historical schools and eras. It allows us to conclude that the institution of state immanently has the characteristic of “welfare”. The dynamism of the social relations development entails the permanent search for new approaches to the welfare state and the constant appeal to this principle in order to get the full and comprehensive disclosure of the constitutional provisions and ensure their direct action.Materials and methods. The theoretical basis of this work is the scientific works of philosophers and lawyers adhering to the legal positivism. The methodological basis of the research is the formal logical method, the method of system analysis, structural and functional method.Results. This article is devoted to basic propositions of the welfare state legal analysis; it includes analysis of the essence of the welfare state concept based on positivistic understanding of law in various historic periods; this article also analyzes some aspects of the welfare state concept regarding human rights protection and constitutional review.Discussion and conclusion. The principle of the welfare state is presented as the positive duty of the public authorities to ensure social and economic human rights and the balance of social interests. The implementation of the principle of the welfare state strongly depends on the constitutional review bodies’ activities, the main purpose of which is to specify the content of the relevant constitutional rules within the framework of specific social relations.

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The article reveals the essence and importance of constitutional reforms at the present stage of legal development of Russia. According to the author, the success of constitutional reform depends on the choice of adequate implementation mechanisms, taking into account possible legal risks. In this regard, the article examines the main mechanisms and directions of constitutionallegal development and reformation. Among them the author emphasizes the active use of the interpretation of the Constitution that allows to adequately respond to public demands for constitutional reform, to further improve domestic remedies, and the establishment of effective cooperation mechanisms for the use of domestic remedies of protection of the rights and freedoms of man and subsidiary institutions for the protection of rights and freedoms. Accordingly, the important areas of constitutional and legal development are the implementation of judgments of international courts on the territory of the Russian Federation, primarily the European Court of Human Rights. The author substantiates the idea that the purpose of constitutional reforms is to increase the security of fundamental rights.