Stability of the Constitutions of the Republics within the Russian Federation: theoretical and practical aspects

• Published in: Юридические исследования no. 10; pp. 55 - 65
• Main Author: Safina, Svetlana Borisovna
• Format: Journal Article
• Language: English
• Published: 01.10.2024
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2024.10.71882

The object of the study is the constitutions of the regions (Republics) within the Russian Federation. The subject of the study is the properties of stability of the constitutions of the republics within the Russian Federation. These properties of regional constitutions are analyzed taking into account the fact that they are part of the legal system of the Russian Federation and are an element of the Russian legislative system. The article examines the legal foundations enshrined in the constitutions of the republics, the regulatory mechanisms for ensuring the stability of constitutional texts, their practical implementation and the degree of validity of their introduction. The relevant norms of federal legislation and constitutions of the constituent republics of the Russian Federation are analyzed. Based on the analysis of legal sources, theoretical provisions are formulated on the importance of the "rigidity" of constitutional procedures (complicating elements in the procedure for changing constitutions) in ensuring the stability of republican constitutions. The research uses general scientific (logical, analysis and synthesis, etc.) and private scientific legal (comparative legal, formal legal, etc.) methods. The article updates the views on the development of the processes of constitutional changes at the level of the republics within the Russian Federation, taking into account the realities that have occurred. It is noted that the Constitution of the republic, as an act that enshrines the basic, fundamental principles and priorities of the republic's development, should be provided with increased legal protection in order to prevent short-term market changes. The legal protection of the Constitution includes, among other things, a complicated procedure for its correction. It is concluded that the republics are independent in this matter, since the federal legislator does not regulate this area. The stability of the republican constitution is largely determined by the federal Constitution and federal legislation, and when choosing the means of "rigidity" of constitutional procedures, it is necessary to take into account the nature of republican norms: whether they reproduce, concretize or complement federal ones.