Trends in the Development of the Doctrinal and Constitutional Foundations of the Russian Legal System

The construction of the Russian legislation system is determined by the fundamental provisions on the types of normative legal acts, their relationship to each other, and the general issues of their creation, operation, accounting and systematization. These provisions are developed by the doctrine, they are constitutionally and legally fixed. New trends in the development of the foundations of the Russian legislation are announced by the amendments to the Constitution of the Russian Federation made in 2020. There were no significant changes in the system, structure, creation and operation of regulatory legal acts. At the same time, new terminology is being introduced, and new institutions that legal science should address are emerging. The concept of "public authority" is being introduced, and it is likely that the development of legal aspects of its activities should be taken into account in the concept of Russian legislation. Preliminary constitutional control of laws is another new institution. The Russian model is specific to the subject of the relevant request (the President of the Russian Federation) and the objects of preliminary constitutional control (draft laws, Federal laws and laws of the subjects of the Russian Federation). The paper discusses other new constitutional provisions related to the foundations of Russian legislation.

The author summarizes that in connection with the amendments-2020, the development of the constitutional and doctrinal foundations of the system of Russian legislation should also be noted. These grounds, without undergoing dramatic changes, become somewhat more complex, new institutions appear (preliminary constitutional control of laws adopted by Federal and regional parliaments, etc.) and new terminology (public power, etc.). The development of the doctrine is guided by political will and constitutional changes, which can be considered as legal means of consolidating public administration. Further doctrinal development of the adopted constitutional innovations and improvement of the concept of Russian legislation are also necessary.

1. Bondareva EA. Predvaritelnyy konstitutsionnyy kontrol v sisteme garantiy konstitutsionalizma v Rossii i za rubezhom [Preliminary constitutional control in the system of guarantees of constitutionalism in Russia and abroad]. Konstitutsionnye chteniya [Constitutional readings]. 2014;6:7-20. (In Russ.)

2. Vaypan VA. Problemy gosudarstvennoy registratsii i opublikovaniya normativnykh pravovykh aktov federalnykh organov ispolnitelnoy vlasti [Problems of state registration and publication of regulatory legal acts of Federal Executive authorities]. Pravo i ekonomika [Law and Economics]. 2014;1(311):4-15. (In Russ.)

3. Lazarev VV, Polyakov SB. Konkretizatsiya sudebnoy praktikoy osnovaniy priznaniya normativnogo pravovogo akta nedeystvuyushchim [Concretization by judicial practice of the grounds for recognizing a normative legal act as invalid]. Aktualnye problemy ekonomiki i prava. 2017;11(4):125-135. (In Russ.)

4. Naryshkon SE, Khabrieva TYa, Abramova AI, et al. Nauchnye kontseptsii razvitiya rossiyskogo zakonodatelstva: monografiya [The scientific concept of development of the Russian legislation: A monograph]. 7th ed., suppl. and rev. Moscow: IZiSP under the Government of the Russian Federation; 2015. (In Russ.)

5. Ostapovich IYu. K voprosu o predvaritelnom konstitutsionnom kontrole: opyt Belarusi, Kazakhstana i Frantsii [On the issue of preliminary constitutional control: the experience of Belarus, Kazakhstan and France]. Evraziyskiy yuridicheskiy zhurnal [Eurasian Law Journal]. 2020;2(141):170-171. (In Russ.)

6. Tumanov VA, editor. Sudebnye sistemy zapadnykh gosudarstv [Judicial systems of Western States]. Moscow: Nauka; 1991. (In Russ.)

7. Khabrieva TYa. Tsiklicheskie normativnye massivy v prave [Cyclical normative arrays in law]. Zhurnal Rossiyskogo Prava [Journal of Russian Law]. 2019;2:5-18. (In Russ.)

8. Chirkin VE. O sovremennoy kontseptsii publichnoy vlasti [On the modern concept of public power]. Gosudarstvo i Pravo [State and law]. 2016;2:5-14. (In Russ.)