Palliative" Legal Constructs in the Constitution of the Russian Federation

In the article, the main attention is concentrated on the analysis of the legal nature of the palliative constructions and constitutional and legal fictions considered as norms which, owing to considerable semantic uncertainty, have no sufficient valuable and normative potential. So, there is a problem of functionality of key provisions of the constitution and efficiency of the basic law in whole. On the one hand, standards of the constitution do not provide the due depth of a regulation of legal relationship, on the other hand, they create ample opportunities for acceptance of important, but any (discretionary) state solutions. Often, they mention bases of the constitutional system. The research is based on the materials received in the thorough analysis of methodological and special literature of constitutional and legal orientation and also the constitutional legislation. At the same time historical and legal method, comparative and legal, formal and legal methods flexibly combined with methods of semantic analysis of the constitutional provisions and legal hermeneutics are used. The subject of the research is assessment of results of the 25-year evolution of the Constitution of the Russian Federation, its role in stabilization and development of foundations of statehood and also problems of the constitutional regulation of separate directions of development of the state and society, the mechanism of the state. In the final part of the article, the main conclusions in the form of setting of the problem have been made. The problem is fundamental: the search of an optimum ratio of objects, subject and depth of the constitutional regulation of legal bases of the Russian statehood. The redundancy of palliative constructions in the constitution unfairly expands a discretion of state and other authorities of public power. In such conditions, there are no legal restrictions for any interpretation of the content of the fundamental principles and the adapting transformation of the current legislation. The problem of palliative norms in general is solvable. Targeted specifying adjustments of the text of the constitution are required. It is necessary to distinguish fiction norms from palliatives. Their sources are ideas wrong in the theoretical and formal logical aspects that are enshrined in the constitution (sovereignty of the people, the sovereign state status of the territorial subject of the federation, etc.). They are the reasons of in-stitutional failures. The problem of fictions is unsolvable. It means that only one of the known ways of solving legal collisions is appropriate here: a complete elimination of a fiction from the text of the regulatory legal act. At the same time, in situations in which the problem of a palliative norm is not solved permission, the norm does not differ from a fiction.

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