Talia Y. Khabrieva
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, firstname.lastname@example.org, https://orcid.org/0000-0002-6190-6338
Abstract. In 2020, a constitutional reform took place in Russia. The legislation is still being brought into line with the updated Basic Law, but the main stages have already been passed. This gives reason and grounds for a comprehensive assessment of the Russian reform and the updated Constitution. This view also includes the standpoint of comparative jurisprudence, as well as the proportionality of the universal and national dimensions.
The conducted study makes it possible to identify and characterize the features of the Russian constitutional reform and to substantiate the conclusion about the originality of the constitutional process, taken place in the Russian Federation. The article (report) argues that the reform doesn't interrupt or violate constitutional stability. It is carried out in the logic to ensure it. It doesn't lead to dismantling the legal system, but, on the contrary, becomes a natural continuation of the legal evolution in Russia, confirms the continuity in its constitutional development and updates the constitutional regulation of political, social and economic processes in accordance with their positive dynamics. As a result, the reform changes the model of the Constitution and without the adoption of a new basic law. The constitutional transformations have formalized the model of the Basic Law, corresponding to the national mentality, reflecting the ideological foundations, socio-cultural values and political and legal ideals of Russia. The Russian updated Constitution demonstrates to the world its constitutional models and standards of socio-cultural, state and constitutional identity, capable to influence the development of the doctrine of the modern constitution and the practice of preparing new generation constitutions. The Russian Constitution, to a greater extent than before, demonstrates the features of a social and value based constitution and performs a “stabilizing function” in the context of the rapid and diverse development of society and the legal system. A specific feature of the carried out reform is that it is done through both typical and atypical legal means, procedures and technologies that are used to identify the need for constitutional regulation and generate lawmaking ideas, draft amendments to the Constitution, their public and expert assessment, and also give them legal force.
Keywords: state identity, state legal values, constitutional identity, constitutional legitimation of legislation, constitutional development, constitutional process, constitution, reform, socio-cultural identity, socio-cultural values, stabilizing function of constitution
For citation. Khabrieva T. Y. Constitutional Reform in Russia in Universal and National Dimensions. Journal of Foreign Legislation and Comparative Law, 2021, vol. 17, no. 1, pp. 6—12. (In Russ.) DOI: 10.12737/jflcl.2021.001