Constitutional development trends in the 21st century: Russian and foreign experience

In this study, the author addresses the problem of defining the main trends in constitutional development in Russia and those foreign countries whose current constituent documents were adopted in the 21st century. It is noted that constitutional transformationscan have different external forms of objectification, on the one hand, and substantive content, on the other. In the latter case, two development vectors can be distinguished: consolidation of new legal institutions or a change in the model of legal consolidation, the implementation of existing institutions. In foreign countries in the 21 st century, constitutional transformations of both types took place. The aim of this article is to identify the extent to which the changes in legal reality occurring during the constitutional reform of 2020 correspond to global modern trends. The study is based on theoretical material from the works of foreign (L. Turner, T. Vermeulen, R. Acker) and domestic (S.A. Avakyan, I.A. Alebastrova, A.V. Nechkin, I.V. Ponkin, M.S. Salikov, T.Ya. Khabrieva, and others) scientists. The texts of constituent documents of more than 47 countries were also used. The methodological basis of the study was the dialectical, comparative legal and formal legal methods. In particular, the use of the dialectical method contributed to the study of the problems of the development of various legal institutions during the period of validity of their various constituent documents. The use of comparative legal and formal legal methods helped to identify the content of individual trends in the constitutional development of foreign countries and Russia, and compare them with each other. As a result, the author came to the conclusion that the trends in the constitutional development of foreign countries include: consolidation of the principles and goals of state building, which often include commitment to justice, values of law, etc.; an indication of the strengthening of national unity and identity; changes in approaches to regulating the rights and freedoms of man and citizen, and the emergence of new human rights; emphasis on socio-economic well-being; consolidation of measures to ensure territorial security and protect national interests. In Russia, constitutional development manifested, among other sources, in the text of the law on the amendment to the Constitution of 2020, is in the wake of global trends. The emphasis is on the new international and social context with the aim of consolidating society and legitimizing the political regime, which reflects the transition of society to a new stage of its development. The author declares no conflicts of interests.

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