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No 9 (2025)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

VECTOR OF LEGAL SCIENCE. The value foundations of Russian constitutionalism

19-26 8
Abstract

This article analyzes key aspects of the concept of «sovereignty», its properties and manifestations. State sovereignty evolves historically, manifesting itself in a gradual process of self-limitation of state power. This manifests itself most significantly in the actions of the state and its bodies within the framework of the constitution and national legislation, in accordance with the doctrine of the rule of law. Particular attention is paid to the Russian constitutional doctrine of sovereignty in the context of federal relations and its interaction with international law. Key rulings are used to illustrate the legal positions of the Constitutional Court on the manifestations of sovereignty and the procedures for ensuring it. The article analyzes the interaction between the Constitutional Court and the European Court and the impact of the latter’s decisions on the Russian constitutional legal order. It notes that the legal positions of the Constitutional Court of the Russian Federation resolve the issue of conflicts with the decisions of the European Court and are fundamental to understanding national sovereignty for the implementation of international law. A conclusion is formulated about the importance of consistent constitutionalization of the Russian legal system as a process of self-restraint of the state on the basis of the current Constitution of the Russian Federation, its principles and values.

27-33 11
Abstract

Issues of academic jurisprudence are at the core of socio-governmental development. Law serves as a universal regulator, a crucial consolidating force for society, anchoring it on the foundation of shared ideals, mutual trust, and dialogue. The state of all spheres of social relations depends on the quality of legal regulation and its scientific validity. Ensuring Russia’s sovereignty and the well-being of its citizens, and the formation of a just, multipolar world, require a serious rethinking of the values, methodology, and paradigm of legal thinking. According to the author, this should be based, first and foremost, on a clear understanding of the socio-cultural and moral determinacy of law, embracing its transformative properties while building on traditions inherited from ancestors. The article concludes that patriotism, state and legal continuity, and constitutional dialogue should be considered the most significant categories for updating Russian legal methodology. Priorities for Russian academic and academic jurisprudence are identified.

34-43 6
Abstract

The article examines the functions of constitutional law that ensure the system-forming nature of the industry. In the context of the explosive development of technology, changes in the geopolitical field, and the emergence of threats that could be considered fantastic during the formation of Russia's constitutional law, there is a need to rethink the classical functions of constitutional law in the context of strengthening its strategic role.

44-51 9
Abstract

Traditional values play a significant role in shaping the cultural and historical heritage, and they form the basis of the cultural and social life of society. It is no coincidence that the preservation and strengthening of traditional values is one of Russia's national interests and strategic national priorities. Understanding cultural processes based on traditional values is an important component of preserving and reproducing sociocultural ties and national identity. This article explores the concept of Russian traditional spiritual and moral values, analyzes the content of the Fundamentals of State Policy on the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values from the perspective of their legal formalization, and identifies gaps in legal regulation. The author turns to the study of legal acts and the fundamental works of Russian constitutional scholars, noting that constitutional values, both those directly enshrined in the Constitution and those of an implicit nature, influence people's consciousness, their attitudes and behavioral priorities, as well as the political, economic, and social relations of modern Russian society and its overall socio-structural organization.

52-62 9
Abstract

The presented study is devoted to the study of the issue of the problems of constitutionalization of the use of digital technologies in the political process. The procedural concept of constitutionalization developed by representatives of the school of Russian constitutionalism, the constructionist approach to understanding constitutionalism, as well as the pluralistic variation of the theory of functional representation, supplemented by elements of Coleman's theory of rational choice and Buchanan's theory of public choice served as theoretical foundations for the conducted research. The author concludes that the key problems of constitutionalization of the use of digital technologies in the political process are due to the industry specifics of digital law. The high variability of the subject of regulation gives rise to the legislator's orientation towards the use of a reactive approach.

VECTOR OF LEGAL SCIENCE. Human rights in constitutional law

63-69 6
Abstract

The article presents the results of a study of current trends in the development of scientific research, constitutional and legal legislation, and the legal positions of the Constitutional Court of the Russian Federation, which prepared the legal basis for the inclusion of the amendment initiated by the President of the Russian Federation V. V. Putin in the Russian Constitution in 2020. The author notes that the constitutional novelty of 2020 has stimulated an increase in the effectiveness of legal regulation of human rights and freedoms, based on moral norms, and expanded interaction with civil society institutions.

Among the main current trends in the development of legislation, the author mentions the consistent expansion of social solidarity relations, especially in the field of education. There is not only a significant restoration of many national traditions in the field of religious, moral, and legal regulation of human rights and freedoms, but also a convergence of modern constitutional and legal regulation in this area with other secular states.

70-77 10
Abstract

Based on the analysis of the general provisions of the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation dated March 14, 2020, No. 1-FKZ "On Improving the Regulation of Certain Issues Related to the Organization and Functioning of Public Power," the article highlights the moral and value principles that determine the direction of development of the legal framework for social, economic, and environmental rights of citizens. By examining the content of individual articles of the Law and the new constitutional terms, the article concludes that the legal framework for these groups of human rights has undergone significant changes, which provides a powerful impetus for the development of legislation and enhances the humanistic principles in law enforcement. Special attention is paid to the institution of social solidarity, which was reflected in the Constitution for the first time, and its impact on the content of legislation and law enforcement.

78-87 7
Abstract

The purpose of the article is to analyze the legal content of the basic constitutional principles of citizenship — single and equal citizenship, as well as the principle of prohibition of deprivation of citizenship. The analysis of the basic principles of citizenship is carried out taking into account the constitutional amendments of 2020. The article shows the evolution of the legal content of the principles of citizenship from the Soviet period to the present. The author comes to the conclusion that, while remaining unchanged textually, the content of these principles has undergone a significant transformation in the legislation on citizenship specifying the constitution. It is concluded that the principle of prohibition of deprivation of citizenship has undergone the greatest transformations and, according to the author, exists today only nominally. The political and social context of all the changes affecting the content of the constitutional principles of citizenship is confirmed. At the same time, such changes are assessed in a positive aspect as contributing to ensuring the security of the state and society.

88-96 7
Abstract

The issues of unfair distribution of national wealth in the process of mass privatization have given rise to the main problems of building a modern legal state. Taking into account the doctrine of Russian constitutionalism requires filling with moral principles, should be aimed primarily at ensuring the common good and justice in the management of society.

Mass non-cash privatization has become the most important means of struggle for power and economic resources. It is characterized as the most important constitutional and legal phenomenon, which included such negative signs as: distortion of the mental image of constitutionalism, distrust of state power, violation of the principles of the rule of law, separation of powers, basic social rights of citizens, etc.

A characteristic of several of the most realistic approaches to assessing and solving the problem of restoring the rights of the state as an owner is given. The most realistic option is considered to be a point approach to assessing specific privatization transactions. Smoothing out the most painful manifestations of injustice in the process of mass privatization today manifests itself in the form of deprivatization, the legal content of which is revealed in the work. The most significant problems in challenging the legality of privatization transactions are: the statute of limitations and the protection of the rights of bona fi de purchasers. In recent years, judicial practice has been moving towards a certain restoration of constitutional values violated in the process of mass privatization. At the same time, attention is drawn to the fact that, for example, the issues of the statute of limitations and the rights of bona fi de purchasers in relation to privatization transactions should be more fully and unambiguously regulated by the federal legislator.

VECTOR OF LEGAL SCIENCE. Constitutional transformations of the system of public power

97-102 7
Abstract

This article provides a comprehensive analysis of the 2020 constitutional reform in the Russian Federation and its impact on government bodies. The reform aims to identify key changes in the constitutional regulation of the status and interactions between branches of government and to assess their impact in a comparative perspective with the previous constitutional order. The study's findings demonstrate a significant concentration of power in the hands of the President of the Russian Federation, a significant redistribution of the balance of power between institutions, a formal strengthening of the role of parliament while simultaneously strengthening presidential control over it, and the deep integration of traditional and new constitutional bodies into a unified system of governance under the dominant influence of the head of state.

103-111 9
Abstract

The article examines the features of the embodiment of the constitutional principle of trust in the institution of the President of the Russian Federation. The functions of the head of state are considered. A conclusion is made that the main function of the President of the Russian Federation is to ensure the operation of the Constitution of the Russian Federation, its fundamental values and principles. This function is immanent in the head of the Russian state and is aimed at the stability of the operation of constitutional values and principles in the constitutional system. The normative structures determining the actions of the President of the Russian Federation to comply with and protect the Constitution of the Russian Federation, as forms of implementing the principle of trust, are considered.

112-120 5
Abstract

The article examines general issues of the concept of popular representation in constitutional law, including its comparison and understanding in Russia and Western European countries. It is noted that for Western European countries, representation is based on the functioning of parliaments, the parliamentary regime and parliamentary democracy in general. In Russia, representation is achieved not by the power of a simple majority, but by high-quality filling of representative bodies with citizens who have labor and military merits. Representation in general is achieved not only by the functioning of parliament, but also by the representative nature of all public authority, including through indirect participation of the population in the appointment of heads of the executive branch, the judiciary through representative bodies. Genuine representation of public authorities is achievable through transparent interaction with citizens, trust between society and the state, through the succession of the best practices of domestic state building of the past. To achieve this concept, it is proposed to amend the current legislation: improving the nomination of candidates for deputies at all levels; democratization of the formation of public authorities of the constituent entities of the Russian Federation.

VECTOR OF LEGAL SCIENCE. State policy priorities in the context of the constitutional amendment

121-128 6
Abstract

The article examines the experimental legal regulation of public relations in domestic and foreign dimensions. It is shown that in the new constitutional cycle of Russia it is necessary to explore experimental legal regimes through the prism of explicit (enshrined in the provisions of the Constitution of the Russian Federation) and implicit (not enshrined, but arising from the meaning of the provisions of the Constitution of the Russian Federation) constitutional principles. It is emphasized that the constitutionalization of experimental legal regimes determines the modern proactive approach of the state to achieving technological sovereignty in the vector of expanding opportunities for the realization of constitutional rights and freedoms. The conclusion is substantiated about the need to find a balance between the introduction of the most important high-tech technologies and compliance with the constitutional admissibility and legality of special regulation within the framework of establishing new rules for relations between the person, society and the state.

129-137 5
Abstract

The article examines the essence and legal content of the principle of people power in the constitutional law of Russia and foreign states. The constitutional principle of popular sovereignty as a legal concept, in which the interrelated components are politics and law, is the basis of legitimization of state power and constitutional order from the moment of their formation. This principle is the fundamental basis of modern democratic states, enshrining the supremacy of the power of the people as a source of legitimacy of political governance. The analysis focuses on the correlation of representative and direct democracy, as well as the mechanisms of their realization through electoral procedures, referendums and systems of public control. The general tendencies and national peculiarities of the consolidation of people power and popular sovereignty in the constitutional-legal systems of different states are revealed. The conclusion about the critical role of interaction between civil society and public institutions in the process of realization of the people power as a fundamental basis of constitutional order is substantiated.

138-147 6
Abstract

The article provides a scientific analysis of the content and implementation of the provisions of Part 4 of Article 67.1 of the Constitution of the Russian Federation, according to which children are a priority of Russia's state policy. The author's understanding of these provisions is formulated, and the implementation of these provisions in the state agenda is considered. The article presents a comparative analysis of the constitutional provisions of the Russian constitutions of the Soviet period and evaluates the texts of the draft Constitutions of the Russian Federation in terms of provisions regarding children. It is concluded that the constitutional amendment about children — their rights, interests among the priorities of state policy, having secured the priority of family education of children and the need to protect traditional family values, creates the prerequisites for the development of legislation in this area, law enforcement practice, the doctrine of constitutional law.

148-158 7
Abstract

The general directions of their development are fixed in the statutory documents of the countries of the Commonwealth of Independent States. One of the modern ways of such concretization is the term "priority". The article provides a correlation of similar terms used in constitutional texts to identify relevant areas and issues that need to be addressed: constitutional values, the foundations of the constitutional order and constitutional tasks. Based on the analysis of the constitutional texts of the states of the Commonwealth of Independent States, the author's vision of several constitutional models of the term priority and its essence is proposed. The variety of grounds for classifying priorities fi xed in the legislation of the CIS countries allowed us to propose a conclusion about the existence of their system and the author's definition of the priority system of the countries studied, to name the system-forming factors. The identified common approaches to determining relevant tasks and ways to determine them. Legitimate questions have been identified about the interdependence and hierarchy of priorities and values, the need to develop criteria, mechanisms for consistency of a diverse and multilevel system of priorities and guarantees of their uniform implementation — the basis for the unity of the legal space. In our opinion, they should become the basic foundations in the emerging doctrine, along with the responsibility of joint actions of the leaders of the Commonwealth countries and targeted interaction of bodies. In particular, the proposed positions can become the basis for the formation and incorporation into national science of the common doctrine of constitutional priorities of the Commonwealth countries.

159-169 9
Abstract

The article discusses the constitutional and legal meaning of the concept of "ethnocultural and linguistic diversity", which was introduced in Article 69 of the Constitution of the Russian Federation following the constitutional amendment of 2020. The author proposes to consider this concept not only as a set of languages and ethnic cultures, but also as a state of society where different peoples interact with each other on an equal footing, in conditions of interethnic peace and harmony. An essential feature of ethnocultural diversity is political unity, which means the integration of different ethnic groups into a single social entity (the Russian nation) based on a shared national identity. Moreover, ethnocultural diversity can also be regarded as a constitutional value and principle. The provisions of the Russian Constitution that aim to support, preserve, and promote ethnic and cultural diversity are explored. It is proposed to differentiate ethnocultural and linguistic diversity from related concepts such as multi-ethnicity and multiculturalism.

SCIENTIFIC RESEARCH

170-176 10
Abstract

This article examines the level of trust in artificial intelligence in the context of rapid digital development and the implementation of self-learning technologies. The rapidly evolving gadgets are creating a new digital avatar for individuals, altering not only personal habits but also approaches to information security.

The analysis is based on existing research, statistical data, and official reports. In particular, data from Mediascope studies on user behavior on the internet and reports from the Ministry of Internal Affairs of Russia on cybercrime are utilized.

According to Mediascope data, Russians spend an average of 3.5 hours per day online, with a significant portion of that time devoted to entertainment content. As a result, there has been an increase in the number of crimes committed using information and telecommunications technologies—by 16.4% from January to August 2024. Additionally, a doubling of cybercrime incidents over the past five years has been noted.

The constant rise in cybercrime raises questions about the level of trust in artificial intelligence technologies. The need for standardization and data protection has become an urgent national issue. Russian President V.V. Putin emphasized the importance of implementing AI technologies to enhance security levels and mitigate damage from cyber threats.

TRIBUNE FOR YOUNG SCIENTIST

177-185 7
Abstract

The rapidly changing conditions of the modern world, as well as the development of new information technologies, determine changes in electoral legislation, one of the main objectives of which is to create effective guarantees for the exercise of citizens' electoral rights. The article analyzes some trends in the development of electoral legislation related to improving the quality of the electoral process and making electoral procedures more accessible, including in the context of the coronavirus pandemic and the imposition of martial law in certain regions of the Russian Federation.

186-193 7
Abstract

The article reveals the author's vision of the direct participation of the people in the reform of constitutions in the CIS countries. The issue of the correlation between the participation of the people in the reform of constitutions and the exercise of constituent power by the people is raised. As an example, the legal mechanisms of constitutional reforms in the CIS countries are studied from the point of view of direct participation of citizens in initiating constitutional reform and making decisions on reforming the constitution. The features and problems of the existing legal mechanism of constitutional reform in the Russian Federation from the point of view of people's participation are considered. The prospects for the emergence of new forms of direct participation of the people in the reform of the Russian Constitution are outlined. The article describes the problems of understanding the all-Russian vote in the reform of the Constitution of the Russian Federation, highlights two approaches to this extraordinary phenomenon in the doctrine.

BOOKSHELF OF THE DEPARTMENT OF CONSTITUTIONAL AND MUNICIPAL LAW

LAW IN HISTORICAL REFRACTION. Legal heritage

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)