Magomedova, P.R. Equality within the constitutionalism doctrine.

Abstract: The goal of this article is constitutional legal analysis of the equality principle and finding out its place within the doctrine of Russian constitutionalism. The article concerns various points of view of the Russian constitutional law scholars on the issues of understanding legal nature of the principle of equality. The author studies various aspects of this principle: legal equality (equality of rights), formal and de-facto rights. The principle of equality is studied in its systemic interrelation with the definitions of right (objective and subjective), freedom and justice. When writing this article the author used the following general theoretical and special scientific cognition methods: analysis, synthesis, logical, systemic-structural approaches; method of analytic interpretation of the legal norms. Their application has allowed to study the principle of equality in its interrelations and interdependencies, to uncover certain tendencies and to formulate generalizations. The formal legal method had its independent value, since it has allowed to apply the rules of legal technique and formal logic in order to analyze the doctrinal views of the constitutional legal scholars of the principle of equality and their implementation in the normative sources. As a result of the study the author makes a conclusion that the idea of equality is one of the key values in constitutionalism, and its formalized character as a constitutional principle of equality of rights presupposes supreme legal value, direct application and state guarantees. Additionally, the author established that the legal doctrine presents constitutionalism as a comprehensive system of values, existing in natural unity, and presupposing the interconnection between the guarantees of the constitutional equality principle and the level of development of constitutionalism in general. The conclusions drawn by the author may be applied in the course of further scientific research in the sphere of constitutional law as well as in the teaching process for the studies of constitutional law of the Russian Federation.

Keywords: