Modernization of the Constitution of Russia (To the Results of the Discussion in Connection With the 25th Anniversary)

Abstract

A quarter of a century has passed since the adoption of the Constitution of the Russian Federation by a national referendum. The jubilee gives a reason to talk about the optimality of constitutional provisions, their effectiveness, and somewhere practical expediency. The article aims to analyze the points of view expressed in this regard in the scientific press, newspaper periodicals and other media. However, the author first refers to the history of the emergence of the Constitution of the Russian Federation in 1993. It is noted that the Basic Law, on the one hand, was a result of military-political compromise between supporters of the parliamentary vision of the future structure of the country and supporters of a strong presidential power, on the other hand, allowed ultimately abolish the Soviet system and traditions. The mentioned situation and the factor of haste and hurry could not but affect the content and technical and legal quality of the document. The author has reduced the opinions expressed on the issue of modernization of the Constitution of the Russian Federation to three main positions: 1) The Constitution has not exhausted its potential and there is no reason to change its text; 2) a full-fledged constitutional reform is required, the current Constitution has exhausted its potential; 3) there is a need for precise partial changes and additions that can improve the Constitution. The article argues that the last position of the so-called precise partial changes is the most productive and allows to make the constitutional document adequate and relevant. In this regard, it is proposed to hold several round tables at the initial stage on the development of concepts for improving the constitutional foundations. One of them, the author calls promising and offers to prepare a list of proposals for the removal of ideologically and actually not confirmed in practical life provisions. These are provisions about Legal State (excluding the principle of separation of state power), Welfare State, etc. Another concept that also needs to be developed is institutional (the concept of the legal status of public authorities, their powers, checks and balances, etc.). These ideas, the author believes, should be a compromise between scientists, then become public and be implemented in the practice of constitutional construction.