N.A. Igumnov
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Constitutional control in the focus of constitutional reforms in the Russian Federation (review of the expert round table)Moscow University Bulletin. Series 11. Law. 2021. 1. p.105-112read more279
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The review outlines the main content of scientific reports presented during the expert round table held on November 26, 2020 as part of the X Moscow Legal Week. The round table was attended by experts in the field of constitutional law and constitutional justice. Participants discussed the main directions of constitutional control reform, including the problems of modernization of the institution of constitutional complaint; issues related to expanding the competence of the Constitutional Court of the Russian Federation; clarification of the status of a judge of the Constitutional Court, as well as a whole range of issues related to the upcoming abolition of the constitutional (charter) courts in the constituent parts of the Russian Federation. The main attention of the speakers was paid to the problems and trends of changes in the sphere of constitutional justice in connection with the reform of the Constitution of the Russian Federation held in July 2020.
Keywords: Russian Constitution; 2020 reform; constitutional law; constitutional justice; RF Constitutional Court; constitutional (charter) courts of RF subjects
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Autonomous interpretation of constitutional conceptsMoscow University Bulletin. Series 11. Law. 2021. 6. p.44-55read more322
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Modern constitutional-law scholarship, paying considerable attention to the methods of interpretation of the Russian Federation Constitution, often bypasses the substantive issues of interpretation of constitutional concepts, usually pushing them into the field of legal technique. A large number of studies focus on the issues of constitutional terminology, i. e. on the external aspect of constitutional concepts, leaving aside their meaning and place in the system of constitutional regulation. Meanwhile, the proper determination of the content and scope of a constitutional provision depends directly on the interpretation of the concept that forms the basis of the constitutional norm. For this purpose, the Russian Constitutional Court, which is authorized to interpret the Russian Federation Constitution in an official and binding way, applies the method of autonomous interpretation, which involves interpreting constitutional notions in the system of constitutional provisions without limiting to the definitions given to them by the statutory regulation. This method of interpretation has not been thoroughly understood in the domestic constitutional-law science in relation to the activities of the Russian Constitutional Court. However, under the conditions of the increasing complexity of the system of legislation, as well as in connection with the participation of the Russian Federation in international organizations, the autonomous interpretation of the Russian Federation Constitution may be in demand in the practice of the Russian Constitutional Court.
Keywords: autonomous interpretation, Russian Constitutional Court, interpretation of the Russian Federation Constitution, constitutional concepts
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