On the need for a new constitution of the Russian Federation

About the author:

Mikhail I. Kleandrov, Corresponding Member of the RAS, Dr. Sci. (Jur.), Professor, Chief Research Associate, Institute of State and Law of the RAS (Moscow); mklean@ksrf.ru

Abstract:

The article considers the problems of the content of the current Constitution of the Russian Federation of 1993 in the dynamics of its amendments and additions, taking into account the innovations of 2020. The author highlights shortcomings, both initial and formed during its development, while drawing attention to its serious shortcomings appeared during the constitutional reforms of 2014 and 2020. The author particularly refers to the deformation of the constitutional foundations of the domestic justice mechanism, which were far from ideal even in the original version of the Constitution of the Russian Federation. The article mentions the fact that the Constitution of the Russian Federation began to be subjected to meaningful and constructive criticism a long time ago, especially on the 10^th anniversary of its adoption.

To date, there is a situation in which the presence of serious shortcomings in the content of the provisions of the Constitution of the Russian Federation does not allow us to hope for their correction by adjusting its individual articles. And the main thing is that these shortcomings are clearly manifested at the present time in chapters 1 and 2, which are immutable. The analysis of the dynamics of changes and additions to the current Constitution of the Russian Federation suggests that the need for its radical reform will be created approximately by 2025-2026, by this time the legal science should be ready, and preliminary work in this direction should begin even now.

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