FOUNDATIONS OF THE CONSTITUTIONAL ORDER OF THE RUSSIAN FEDERATION: CONCEPT, HISTORY, FOREIGN EXPERIENCE AND PROBLEMS OF PRACTICAL IMPLEMENTATION

Abstract

The author of the paper understands the "foundations of the constitutional order" in two meanings. In the first meaning of this concept, we are talking about real social relations, based on democratic values and ideals, the foundations of Russian society and the state enshrined in the Constitutions, in other words, constitutionally enshrined fundamental political, economic, social ideological relations that develop in society. In the second meaning, it is the most important constitutional institution that contains the systematized norms of the Basic Law (Chapter 1 of the Constitution), which have the highest legal force, which fix these social relations as the principles of the constitutional system of Russia. The main guarantee of the stability of the norms of this institution is the constitutional provision that the provisions of Chapter 1 of the Constitution can be changed only in the event of a revision of the Constitution, that is, the development and adoption of a new Basic Law of the country. However, the real social relations that make up the foundations of the constitutional order do not fully coincide with the norms of the mentioned constitutional institution, and the obligation of the Russian state to constantly reduce the distance between the normative content of the foundations of the constitutional order and its real embodiment in public relations. The article proposes a solution to some problems that have a destructive effect on the constitutional order of Russia, weakening the unity of Russian society, achieved in the face of a common external threat in recent years.