On perspectives and primary results of comparative studies in the sphere of constitutional legal protection in northeast Asian states

The aim of this study is to characterise constitutional and legal protection as an element of constitutionalism using the countries of North Eastern Asia and Russia as an example. During a long period, since 2014 till 2017, the authors conducted a comprehensive analytical research and studied the texts of the Constitutions and other legislative acts of the countries, Russian-language and foreign scientific publications on the topic, materials of legal practice, as well as materials from foreign media and official statements (texts), various verified Internet resources and sites providing important information. To ensure the reliability of the results of the scientific research, a variety of methods were applied including general scientific (philosophical, logical), special (sociological, linguistic) as well as special (formal legal, legal modelling, legal comparative). After defining the concept, the signs and forms of the manifestation of constitutional and legal protection, the authors' attention was paid to the objects of constitutional and legal protection stipulated in the legislations, the real ways and means of their proper protection by the states of the North Eastern Region. As a result of summarising the information, the authors characterised the structures of constitutional and legal protection in each of the countries under study such as the People's Republic of China, Japan, the Republic of Korea, the Democratic People's Republic of Korea, Mongolia and Russia. In the case of the People's Republic of China, the political, legal, organisational and ideological elements of constitutional and legal protection were characterised; their joint functioning ensures high effectiveness of this phenomenon. Proceeding from the content of doctrinal and practical materials, subjects, objects, as well as methods and means of constructing constitutional and legal protection in Japan were identified, the determinants and indicators of its effectiveness were revealed. Taking into account the specifics of the foundations of Korean constitutionalism and individual historical development, modern trends, objects, subjects and internal patterns of the implementation of constitutional and legal protection and national policies for fighting violations in the Republic of Korea and the Democratic People's Republic of Korea were named. The general trends in consolidation and implementation of measures (instruments) of constitutional and legal protection in Mongolia were determined with an emphasis on the activities of the central bodies of constitutional control and the legal bases for their activities, and considering the socialist (Soviet) past of the state and the broad adoption of political and legal experience by the People's Republic of China. Conceptual provisions of constitutional and legal protection in the Russian Federation were indicated on the basis of various incarnations of this phenomenon in public practice. It is concluded that there are real opportunities and prospects for the use of foreign experience of the countries of North-East Asia by our state, as well as the forms/directions of fruitful interethnic integration. The general scientific (doctrinal, methodological) and functional (praxeological, methodological) definitions of the category "constitutional and legal protection" were formulated.

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