ON SOME FEATURES OF THE LEGAL PROCESS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

This article is devoted to the law-making of the Constitutional Court of the Russian Federation and the development of the concept of “silent” transformation of constitutional norms. The 2020 constitutional amendments, coronavirus legal innovations, full-scale digitalization of state bodies, the transformation of legislation caused by the inevitability of a special military operation, and much more, contributed to the search for new approaches and mechanisms for reforming the Russian legal system. Such events and processes led to the emergence of new approaches to the methods and types of the law-making process, which the author of the article proposes to call the “silent” transformation of constitutional norms. The author of the article notes that this kind of research on constitutional judicial law-making has been carried out before. The science and practice of constitutional thought have long since given up the idea that only legislative, representative bodies of state power are directly involved in the implementation of the law-making process. We have long attributed the activities of the executive bodies of state power to this process. And now, more recently, we have abandoned the view that the results of the Constitutional Court of the Russian Federation are solely a law enforcement or interpretative body. Today we understand that the Constitutional Court of the Russian Federation also successfully participates in the law-making process, but the mechanisms, role and scope of this participation are not always obvious to us. Every year the importance and role of the Constitutional Court of the Russian Federation increases, its powers expand, which has a direct impact on its constitutional judicial law-making. The author of the article lists and partly systematizes the features and forms of this process of “silent” transformation of constitutional legal norms (law-making) by the Constitutional Court of the Russian Federation.

law-making, transformation of constitutional legal norms, change in constitutional normative legal acts, additing constitutional normative legal acts, amending constitutional normative legal acts, Constitutional Court, constitutional legal norms, law-making body, amendments, amending, addition of norms, change of norms

Mokoseeva M. A. On some features of the legal process of the Constitutional Court of the Russian Federation. Business. Education. Law, 2023, no. 1, pp. 235—239. DOI: 10.25683/VOLBI.2023.62.571.