Abstract: The article contains analysis of legal provisions of state constitution in defining the parameters for the formation and functioning of the law-making mechanisms. The author studies constitutional norms, which provide the subjects of society and state with law-making authority. In a number of cases the author provides comparative analysis with the legislative experience of law-making mechanisms of foreign states. The author also compares law-making prerogatives of the lower and upper chambers of the Russian parliament t. He provides examples of similar correlations in the parliaments of other states, such as the USA, the FRG, Switzerland, etc. He analyzes specific features, characterizing interaction of parliamentary chambers, being parts of the legislative branch of government. The author also evaluates norm-making competence of the President of the Russian Federation, the Government of the Russian Federation. He analyzes norm-making prerogatives of other empowered subjects (in both horizontal and vertical dimensions). Attention is paid to the institute of delegated law-making, which is typical for a number of foreign states. The conclusion is formulated on the need to improve the system of law-making mechanisms in a state.

Keywords: the Constitution of the Russian Federation, law-making mechanism, system, parliament, the President of the Russian Federation, the Government, law-making, competence, delegation, society.

Abstract: The article is devoted to the specific features of constitutional conforming interpretation of the Constitution, based on systemic quality of law, harmonious and united character of the legal system. Conforming interpretation is a method for guaranteeing legal certainty, and it is one of the methods for overcoming gaps and conflicts in legislation. The basis of constitutional conforming interpretation is the idea of guarantees of implementation of constitutional norms as a directly applicable and efficient order, as well as polyvariety of application of constitutional provisions in the situation of lack of legal certainty. These factors are key to application of law and other normative acts only in those cases, when they meet constitutionality requirements. Based on comparative legal analysis, the author provides characteristic features of structure of constitutional conforming interpretation, which is defined by the object of legal regulation, administrative and judicial practice. The author formulates key approaches to overcoming legislative gaps and conflicts, which fail to meet the requirements of legal certainty, and they should be overcame by application of the norms of current legislation, which conform to constitutional values, norms, and principles.

Keywords: supremacy of the Constitution, supremacy of law, conflict of laws, constitutional jurisprudence, constitutional justice, constitutional conforming interpretation, constitutionality, legal regulation, gap in the legislation, interpretation of the Constitution.

Abstract: The article includes analysis to the ideas of social power and its role in the state and society systems, as provided for by the current Russian Constitution. The methodology of studies is based upon the understanding of nature of power, forms and types of its existence, specific features of its use and correlation of political power and state power within the system of state administration. The novelty of the study is due to the fact of clarification of the definition of social power, and establishing the need to single out its various types, discussing the elements of these types of power and their value for state administration. The author formulates a provision that any social power is an institutionally formed social force. It is pointed out that use of social power is not possible without attaining competence. It is noted that both political power and state power are implemented within the system of state administration, and it is provided that political power is inseparably connected with political institutions within the state, and they form the state superstructure, and that executive character of state power is inseparably connected with the executive institutions of the state. Finally, the author discusses the need to improve the contents of constitutional articles regulating social power.

Keywords: Constitution, state, state government, social power, state power, political power, democracy, state institutions, political institutions, state superstructure.

Abstract: The object of this article includes specific features of provisions for the separation of powers in the Russian Constitution of 1993 and problems of its implementation. The author analyzes the constitutional position of the President within the system of supreme bodies of state power, and his interactions with the executive branch of power. The study of competence of the President as the head of the state on one hand, and the Government of the Russian Federation on the other hand allow to draw a conclusion on the dual nature of the executive power. The competence of the President in the sphere of executive power allow one to speak, that in fact he is a de facto head of the executive branch of government. The author considers that while the Government is the executive government body, the head of executive branch of government is the President. The author used the methods of analysis, synthesis, formal legal approach and the historic method. The novelty of the study is due to the fact that the author analyzes the theory of separation of powers using the practice its implementation in the Russian Federation, uncovering topical problems and finding possible solutions.

Keywords: principle of separation of powers, President, Government, Parliament, state power, constitution, form of government, system, dualism of executive branch of government, competence.

Abstract: The authors discuss specific features of administrative responsibility for the violations of the legislation on peaceful gatherings, meetings, demonstrations, marches, and pickets. The article includes analysis of elements of various public events, and their classification on different grounds. Classification of public events allows one to see their variety, which is very important for the choice of just measures of responsibility applied to the organizers or participants of such events, if they commit a violation of procedure of its organization or holding. The authors consider that strengthening the administrative responsibility measures raised the importance of this type of legal responsibility as means of guarantees of legal order and it should also be reflected upon support of legal order and protection of human rights when holding social and political events. In the conditions of political instability in the Russian society separatist and extremist tendencies are growing, and it justifies stricter sanctions for the violations in the procedure of social and political events. In the opinion of the authors this situation makes formation of legal and organizational mechanisms for minimizing the defects in the development of the Russian political system especially topical.

Keywords: meeting, freedom, march, Constitution, law, permission, sanction, police, violation, strategy.

Abstract: The traditional scheme for the logical syllogism, as used when making judicial decisions is changed in the practice of the Constitutional Court of the Russian Federation. A substantial prerequisite is not some specific norm, but rather a system of the bases of the constitutional order, forming the boundaries of legislative activities on certain issues. Since most of the provisions of the Constitution of the Russian Federation in Chapter 1 “Fundamentals of the Constitutional Order” are abstract, constitutional norm control includes evaluation of political viability of the norms in the acts in question.

Keywords: jurisprudence, constitutionalism, politics, interpretation, implementation, constitution, fundamentals, order, syllogism, change.

Abstract: The article contains references to the fact that the state is allowed to establish some limitations to human rights and basic freedoms of individuals and citizens in order to achieve the purpose which is set for it by the society, that is, to guarantee security of citizens and state. The author formulates a definition for the limitations to basic human rights and freedoms of individuals and citizens. He analyzes the issues of limitations of rights and freedoms of persons in state service in the Russian Federation, noting that limitations for the persons joining state service serves the purpose of guaranteeing efficient professional activities in the spheres of competence of state bodies, and precludes possible abuse of rights by the servants, as well as, serves as one of the means of fighting corruption. The author analyzes the legal position of the Constitutional Court of the Russian Federation on the lawfulness of limitations of rights and freedoms of state servants, and formulates an universal position of the Constitutional Court of the Russian Federation on this issue, under which the limitations and prohibitions for the state servants due to their state service are acceptable for constitutionally valuable goals.

Keywords: jurisprudence, rights, freedoms, limitations of rights and freedoms, fighting corruption, state service, state servant, Constitutional Court, judicial power, legal positions.

Abstract: The goal of this article is to analyze the contents of a constitutional and political right to petition in accordance with the provisions of the Constitution of Ukraine and the Constitution of the Russian Federation. Using general scientific and special research methods, and comparative legal method first of all, one ay single out the characteristic features, which currently exist in constitutional theory and practice of the two states. The right to petition is enshrined in the Constitution of the Russian Federation (art. 33) and the Constitution of Ukraine (art. 40), as well as in some other normative legal acts. Analysis of the relevant constitutional provisions shows the differences in the contents, first of all, regarding the subjects of the right to address. In accordance with the Constitution of Ukraine the range of subjects is much broader than in the Constitution of the Russian Federation. The constitutional political right to petition may be regarded as the right to petition of the citizens or other persons on socially important issues aimed to influence the decision of government bodies and addressed to the subjects of political relations, being competent to act in accordance with the propositions or requests. Based on this definition the following elements of the constitutional right to petition may be singled out: a) the right to act; b) the right to demand; c) the right to use; d) the right to petition for protection by the state government bodies in cases of infringement. Enshrinement of this right at the constitutional level shows that it is regarded as an important instrument of functioning of a democratic society, resulting in the strengthening of the relevant functions of the state government and municipal bodies and their officials. At the same time, a number of problems arise in the practice of implementation of this right, as well as the possible solutions to them, such as improvement of the legislative basis, scientific substantiation for amendments, guarantees of implementation of the constitutional basic rights and freedoms, other means and methods for the guarantees of this right.

Keywords: political rights, right to petition, constitution, the Constitution of Ukraine, the Constitution of the Russian Federation, legal contents, guarantees, constitutional practice, implementation of rights, improvement of the legislation.

Abstract: The article concerns legal nature of the supremacy of the Constitution, as well as theoretical bases and means for the guarantees of such supremacy, both judicial and political, in the doctrine and practice of the modern constitutionalism, and some limitations to the constitutional guarantees within the context of conceptual bases of modern constitutionalism, changes in the conditions for the implementation of the right to constitutional legal protection of basic rights and freedoms, as well as some propositions on the improvement of legal guarantees and raising efficiency in the sphere of constitutional judicial procedure. The author discusses the relations between the various means used in order to guarantee supremacy of the constitution and the efficient implementation of constitutional norms, as well as specific features of the modern Russian constitutionalism at the current stage of its development. The article uses the methods of comparative and systemic analysis, constitutional projections and critical evaluation of efficiency of such methods. The article also includes analysis of ideological sources of the modern guarantees of the Constitution and their constitutional enshrinement and correlation in the doctrine and practice of the modern Russian constitutionalism and constitutional justice. The author uncovers gaps and shortcomings in the current legislation in the sphere of guarantees of constitutional norms, and formulates the provisions for the improvement of constitutional legislation and legislation on constitutional justice.

Keywords: judicial guarantees of the Constitution, supremacy of the Constitution, constitutionalism, political guarantor of the constitution, constitutional legal protection, constitutional justice, complaints of citizens, proclamation of judgments, constitutional legal innovation, period for proclamation.

Abstract: The article is devoted to the studies of the recognition of autonomy of person as an integral category among the principles of the constitutional status of a person. The author considers such an approach to be plausible and necessary in the modern social reality. The article includes analysis of correlation of ht principles of liberty and autonomy of a person, their interrelation and differences. The author notes the interaction of the principle of autonomy of person with all of the basic rights and freedoms of a person and its correspondence with the general characteristics of constitutional principles. The author also notes the value of the principle of autonomy of a person as a source for the development of constitutional relations, defining its development towards guarantees of security and social realization of a person in the conditions of growing information influence of the social platform. Autonomy of person is recognized by the author as a key concept of the constitutional status of a person, reflecting the need and the possibility for the free creative self-determination of a person, independent choice of thought and acts, formation and realization of authentic personality.

Keywords: constitutional principle, autonomy of a person, freedom, authenticity, information influence, human rights, expression of will, self-determination, status of a person, human freedoms.

Abstract: The article concerns analysis of the problem of implementation of the constitutional guarantee of wages being no lower than the minimum wage .The author analyzes the current Russian legislation on correlation on the minimum wage and the subsistence standard. Functioning of the institution of minimal guarantees in the sphere of wages is analyzed in its practical dimension, the author uncovers the defects in the legal field on this issue. Currently the minimum wage is lower than the minimal subsistence level for the working people and their family members, and there is need to amend the Russian legislation in accordance with the globally recognized legal principles.

Keywords: jurisprudence, minimum wage, subsistence minimum, fair remuneration, dignified labor, dignified living, economic viability, financing of the subject, lex specialis, justice.

Abstract: The article for the first time in the Russian scientific literature analyzes the issue of axiology of the Russian Constitution and its correspondence with the Russian legal conscience. The author shows that constitutionalism as a type of defined legal ethics allows to rationalize the fundamental Russian values (freedom and truth) in such a way, that these key values of the legal conscience of the people become axiological bases for the constitutional ideals of public and private autonomies. Based on the above-mentioned concept the article provides analysis of the shortcomings of the concepts of the Russian national identity, such as the “Russian idea” in the past, and of the modern “political” interpretations of the Russian Constitution of 1993. The author disagrees with those considering the that the ideals of the Constitution contradict the national conscience and that it should be amended. It is quite on the opposite, the contradictory legal practice in the sphere of application of constitutional norms is related to the ethos of the modern ruling elite and specific features of its legal conscience, them being the main obstacle in the way of the implementation of the Russian Constitution, rather than the disparities in the protection of the Fundamentals of the constitutional order as enshrined in Chapters 1 and 2 of the Constitution of the Russian Federation and its further Chapters.

Keywords: constitutionalism, the Russian Constitution, freedom, justice, free will, truth, legal conscience, ruling elite, democracy, patriotism.

Abstract: The object of study in this article concerns the problems of interaction and interdependence of the Constitution of the Russian Federation and constitutionalism: its nature and specific features, principles and factors, as well as the perspectives for the constitutional target-setting in the light of an inevitable constitutional reform. The author provides detailed and comprehensive analysis of the definition of constitutionalism, and in-depth analysis of the evolution and the current period of its development within the framework of the Russian state. Based on many years of his research and studies, analysis of works of legal scholars, comparative analysis of norms and principles of the Constitution with political, economic, social and cultural reality, the author makes a conclusion on substantial inner contradictions in the Russian constitutionalism, especially pointing out its insufficiency and lack of due interrelation with the Basic Law of the State. The study involved the methods of classification, analysis, synthesis, comparative legal method, empirical method, and historic method. The article has elements of scientific novelty, including the author’s own definition of constitutionalism, its key elements and conditions for the existence of the Russian constitutionalism, interrelation and interdependency of Constitution and constitutionalism in defining the vector for the constitutional target-setting in Russia and the key prerequisites for the urgent constitutional reform.

Keywords: interdependence, democracy, constitutional reform, constitutional crisis, constitution, legal culture, social systems, administration, functions of the constitution, target-setting.

Abstract: The object of this article is constitutionalism as the basis for the rational political system in the modern society. The goal of the analysis is to substantiate the systemic role of constitutionalism in the formation of the political system as a special perfect form of rationality, based on the maximization principle, allowing to establish and achieve the rational interaction between the state and civil society, and allowing for the maximum positive effect. Based on the methodology of the systemic approach, the author points out that constitutionalism serves as a special system, defining the form of organizations and dynamics of political power in the interactions between the state and civil society, while the inherent contradictions serve as the source for its development. Based on such an understanding, it is stated that constitutionalism is capable of forming the basis for the rational interaction, providing for certain parameters of the political power organization and functioning of the political system as an entity. It follows from the fact that the role of constitutionalism is to provide activity resources (the sub-system of ideas and values), to determine the parameters for the activity (institutional sub-system) and factual methods and forms of activity (behavior sub-system) in the political system of a society. Accordingly, it is in the process of constitutional mediation that the “confusing” influences of the environment on the political system are substitute, allowing for the structuring and functioning of its elements adequately to constitutionalism.

Keywords: constitutionalism, political system, systemic approach, rationality, state, political power, civil society, political and legal environment, wholeness, society.

Abstract: This article contains an attempt to analyze polemic issues of organizational legal mechanism of the guarantees of constitutional rights and freedoms of individuals and citizens in the Russian Federation. The author substantiates the following order of actions for the improvement of this mechanism: 1) development of a complex theory (concept) for the organizational and legal mechanism (doctrinal stage); 2) adoption of laws and amendments in the current laws (law-making stage). The author studies the definition of organizational legal mechanism, as well as of methodological characteristics and elements of functioning and development. The author provides a number of constructive conclusions as to the further progressive development of this mechanism. The methodological basis for the study includes application of both general scientific means and methods and the specific scientific methods typical of legal studies. The author used dialectic, historic, comparative legal, specific sociological, statistical, logical methods, as well as the method of systemic structural analysis. The study was based upon the generalization and systemic analysis of scientific work and the normative legal basis. The problem of organizational and legal mechanism for the guarantees of basic constitutional rights and freedoms is among the largest, and the materials are plentiful. Whichever sphere of society and state we might take, it shall be more or less connected with the issues of rights and freedoms of individuals and citizens. The category of organizational and legal mechanism for the guarantees of constitutional basic rights and freedoms of individuals and citizens causes a lot of discussions and is an object of much interest. In spite of a large number of works on these issues, some problems are insufficiently studied. The cause can be found in the ongoing reforms in Russia, lack of legislative stability in this sphere. These and other circumstances predefine topicality and practical importance of the study, as well as the need for the analysis of organizational and legal mechanism for the guarantees of constitutional basic rights and freedoms of individuals and citizens in order to make its functioning more efficient and they prove the need for further scientific and practical recommendations.

Keywords: mechanism, problems, perspectives, guarantees, rights, freedoms, individual, citizen, implementation, the Russian Federation.

Abstract: The author analyzes the current position of the institution of elections in Russia after the two decades of its development within the framework of the current Constitution of the Russian Federation. It is noted that the election legislation is not stable, it lacks a united vector, it moves to one extremity and then to the other, and the changes are conjuncture-based. It is shown that the elector activities are lowering, and in many regions and large cities the number of active electors in regional and municipal elections is extremely low. These facts show low level of trust of electors to the institution of elections, and the social polls show the same tendency. The main defects in the practice of elections included preclusion of access to elections for popular candidates and party lists, and falsifications in counting elector voices. Additionally, due to some provisions of current election legislation of late year a new problem of “ fabricated majority” takes place more and more often. The conclusion is made that the Russian elections mostly do not correspond to their constitutional purpose, which is to express the will of the people.

Keywords: elections, election legislation, activities of electors, trust of citizens, registration of candidates, falsification, election system, fabricated majority, election reform, Election Code.

Abstract: The article includes the analysis of the role of constitutional economy, its genesis and various interpretations in various states and universities. This scientific movement became more and more popular among the scholars, being a derivative from the more general concept of “law and economics”. This article provides analysis of some results of the evolution of this scientific direction and role of the leading scientific schools, as well as the main achievements of the Russian scholars in this sphere . The article shows the causes of the new surge of interest to this issue, shows the input of J. Backhaus, who has systematized the positions of representatives of constitutional economics in the states with developed legal cultures and strong traditions of constitutionalism. The article includes analysis of the key directions in the sphere of possible solutions for the constitutional guarantees problems, taking the achievements of constitutional economics in the USA, Germany and Netherlands as examples. The authors point out the need to develop the synthesis of law and economics when solving new administrative tasks, which the Russian state is to face.

Keywords: constitutional economics, law, economics, constitution, guarantees, interdisciplinary studies, interdisciplinary centers, conferences, economic analysis of law, right of social choice.

Abstract: At the time of anniversary of the Russian Constitution a large corpus of sources on the Russian constitutionalism was formed in the People’s Republic of China. Generally, the Chinese scientists give positive evaluations to the Constitution of 1993, however, noting the qualities typical of constitutions of transforming societies. The main focus of attention of the Chinese scholars resides with the institutions of the constitutional control and President, and while the topicality of the Russian constitutional control is due to the internal Chinese polemics on the possibility to introduce this institution in the People’s Republic of China, the Russian president is of interest to the Chinese scientists as the legal key to the understanding of the political situation in Russia. The legal status of the President of the Russian Federation, which was formed on the basis of modernization of the Western models in accordance with the real historical needs is recognized as a key specific features of the constitutional structure of state government bodies. Highly positive evaluation of the activities of the Constitutional Court of the Russian Federation makes the Chinese scientists scrupulously study the conditions necessary for the formation of constitutional control due to the possible perspective of formation of a similar institution in the People’s Republic of China. Pragmatic approach of the Chinese researchers allows to establish the comparative value of various institutions of Russian constitutional law, however, the interpretation of the Chinese evaluations should be done with due regard to the specific features of the Chinese culture.

Keywords: China, Constitution, constitutional control, President, Russia, the People’s Republic of China, legal science, separation of powers, the Constitutional Court, constitutional justice.

Abstract: This article is devoted to the comparative analysis of the key state institutions of Russia and France, as provided for by the current Constitutions of these states. Much attention is paid to the institutional separation of powers, and the authors use an original institutional method and the institutional functional theory of state for its analysis. Within the framework of this theory the classic theory of separation of powers can be developed on the basis of “institutional components of power”. It allows the authors to evaluate the specific features of the institution of the President and constitutional control/supervision, as well as the constitutional mechanisms for the interaction of institutional components in Russia and in France. For the analysis of the French model of institutional separation of powers the authors use the Commentary to the Constitution of the French Republic of 1958, which was written by one of the founders of this model Guy Carcassonne, and which is based upon the concept of “modern democracy” as the developed form of the rule-of-law state in a state with high political and legal development. Based upon this concept the authors give their response to the question of what made France a modern democracy at the time of the V Republic, and what the lessons we are to learn from the constitutional structure of modern France.

Keywords: rule-of-law state, modern democracy, constitutionalism, institutional separation of powers, institutional components of power, presidential power, constitutional power.