Institutionalizing the Structure of the Constitutional Legislation of the Russian Federation: Questions of Theory and Practice

Abstract

On the example of the law and legislation of Russia, the structure of the constitutional legislation of the Russian Federation is investigated, a number of factors influencing it are highlighted, which are the subject of research. The most significant are the form of government, the state of law and legislation, the intellects of the doctrine and the legislator, the relationship of the federal center with the subjects of the Federation, etc. As the main research methods, a set of general / private scientific methods (synthesis and analysis, empirical, comparative legal, formal legal, etc.). To this end, using the example of the conflicting norms of Articles 108, 134 and 136, in conjunction with Article 76 (part 1) of the Constitution of the Russian Federation, Federal Law of March 4, 1998 No. 33-FZ “On the procedure for the adoption and entry into force of amendments to the Constitution of the Russian Federation” and constitutional interpretations (the article contains), it is concluded that level structuring should be interpreted complete only if, in addition to a strictly defined rule for constructing a structure, there are conditions for its functioning (its right), including by the sequence of location by legal force act, but taking into account its internal content. In our case, for federal constitutional legislation, which should contain the fundamental principles and norms of the country’s main Constitution, its internal content, as its source, due to internal interconnection and integrity, is of paramount importance, which will determine its hierarchical structure, as well as constitutional legislation subjects of the Federation, which are reflected in the design proposed by the author. The provisions formulated in the research will be useful in studying the constitutional legislation of Russia.