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Actual Problems
of Economics and Law

 

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DOI: 10.21202/1993-047X.14.2020.2.314-325

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Authors :
1. Valeriy V. Lazarev, Doctor of Law, Professor, Chief Researcher of the Center for Fundamental Legal Research, member of the working group on proposals to introduce changes into the Constitution of the Russian Federation
Institute for Legislation and Comparative Legal Studies under the Government of the Russian Federation



Constitution as a stabilizing factor of society development


Objective: to study the Constitution as a stabilizing factor of social development.
 
Methods: dialectical approach to the cognition of social phenomena that allows analyzing them in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal-logical, comparative-legal, sociological.
 
Results: the article attempts to comprehend the role of the Constitution as a stabilizing factor of social development. The reason for the theoretical analysis was the amendments to the text of the current Russian Constitution initiated by the President of the Russian Federation and approved by the Federal Assembly of the Russian Federation. The author proposes a threefold vision of the Constitution, recognizes the probable dissonance between the image of the Constitution in public opinion, the legal and actual (valid) Constitution, and focuses on those fundamental provisions of the Law of the Russian Federation on the amendments to the Constitution of the Russian Federation of 14 March 2020 No. 1-FKZ “On improving the regulation of certain issues of organization and functioning of public authorities”, which reveal the dynamic or static function of law. The Constitution in all its manifestations is conditioned by the statics and dynamics of political and legal life, and science is obliged to discover, again and again, the symbolic (linguistic) means of the harmonious and relatively stable development of the material and ideal.
 
Scientific novelty: for the first time, the article analyzes the provisions of the Law of the Russian Federation on the amendments to the Constitution of the Russian Federation of 14 March 2020 No. 1-FKZ “On improving the regulation of certain issues of organization and functioning of public authorities”, identifies their strengths and weaknesses in view of the upcoming nationwide voting on approval of amendments to the Constitution of the Russian Federation, and formulates proposals on improving the constitutional norms for the progressive development of the Russian society and state.
 
Practical significance: the conclusions and provisions of the article can be used in scientific, law-making and law enforcement activities, as well as in the educational process of higher educational institutions.

Keywords :
Constitutional law; Constitution; Stabilization of social development; Constitutionalization of public relations; Living Constitution; Restriction of rights

Bibliography :
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Citation :
Lazarev V. V. Constitution as a stabilizing factor of society development, Actual Problems of Economics and Law, 2020, Vol. 14, No. 2, pp. 314–325 (in Russ.). DOI: http://dx.doi.org/10.21202/1993-047X.14.2020.2.314-325

Type of article : The scientific article

Date of receipt of the article :
05.05.2020

Date of adoption of the print :
09.06.2020

Date of online accommodation :
25.06.2020