Legal science

d. yu.n. Melnikov V. Yu.

Southern Federal University, Russia

CONSTITUTIONAL CONFLICT IN RUSSIA

The development of constitutionalism in Russia, accompanied by contradictory political, doctrinal and legislative trends. A short experience of the establishment of constitutionalism in Russia demonstrates the need for continuous improvement of constitutional legislation.

The sources of conflict is diverse: firstly, it conflicts with the text of the Constitution of the Russian Federation; between the Russian Constitution and Federal legislation; the Constitution of the Russian Federation and the laws and regulations of constituent entities of the Russian Federation and normative acts of local self-government; second, this phenomenon conflicts of law enforcement practice (interpretation of law) as to judicial decisions, and legal acts of Executive authorities; thirdly, the constitutional conflicts arising from legal disputes on the competence between state bodies; finally, in the fourth, the conflicts between the Russian Constitution and international legal norms, their interpretation.

Constitutional conflict represent the conflicts and clashes between different legal phenomena occurring at different levels of the legal system of Russia, is found most often in the application of legal norms and concretization of provisions of the Constitution of the Russian Federation, and also in comparison with the constitutional principles and values concerning the subject of constitutional law, its norms, institutions, and accompanied, as a rule, the conflict of constitutional rights.

Conflict can play a negative role in the process of constitutionalization of the Russian legal system, as a symptom of inadequate interpretation of the meaning of certain constitutional provisions, as well as the mismatch and violation of the unity and interconnectedness of the constitutional and sectoral legal provisions. But in some cases, conflict has an impact on the interpretation of international law, laws of constituent entities of the Russian Federation in accordance with the Constitution of the Russian Federation and its national interests, encouraging the development of the Russian legal system and mechanisms for the protection of its sovereignty in the process of law enforcement discretion.

Constitutional conflict – it is not only the contradictions between the constitutional law and sectoral legislation, but also divergence in the interpretation and application of legal norms, the result of which is the juxtaposition of being implemented on the basis of their constitutional rights, the clash and divergence in methods, forms, ways of realization of the social interests protected and regulated by constitutional law and other branches of law arising from the adoption and implementation of normative acts contradicting the Constitution of the Russian Federation, as well as in the implementation of public authorities and officials of their powers.

Causes constitutional conflicts are: legal whitespace, which can be qualified as lack of necessary for the resolution of specific social relations legal norms or their as an inconsistency; legal globalization, receiving a reflection of the process of convergence of legal systems and the integration of the Russian legal system, especially in the field of private law with Western legal systems and transnational legal entities; subjective factors of legislation – the low quality of laws, lack of constitutional and legal culture, legal, lobbying, going beyond its powers of judicial error; objective factors – abstraction and declarative nature of constitutional law, value judgments and concepts of constitutional law, the clash of understandings, the discrepancy in the interpretation of the meaning of some constitutional principles and norms, freedom in the choice of values and ideals, political struggle, social unrest, and natural development of constitutional law and industry under the impact of countervailing social interests.

The constitutional values of social democratic legal Federal state, in which the recognition, observance and protection of the rights and freedoms of man and citizen are the duty of the state and determine the meaning and content of the activities of all its organs, make up the content of the principle of conformity of the Constitution of the legislative system of the Russian Federation. The idea that the rule of law and the priority of personal freedom should not rise above such traditional Russian values as the good of the people, strong state, civil patriotism, spiritual unity, prove that for resolving conflicts arising from the contradictions between the liberal and traditional values is necessary to achieve an optimum balance of Russian traditions and fundamental constitutional principles.

Literature

Khachanyan, S. V. Constitutional conflicts in the legal system of the Russian Federation; the author's abstract dis....Cand.the faculty of law.Sciences.12.00.02/ S. V. Khachanyan. – Rostov n/d, 2016. – 35 p.