MECHANISMS FOR CHANGING THE CONSTITUTION OF THE RUSSIAN FEDERATION: QUESTIONS OF THEORY AND PRACTICE

Abstract

From the point of view of proponents of the material theory, the purpose of changing constitutions is to ensure a balance of interests and compromises of political forces. The purpose of changing constitutions from the standpoint of supporters of material theories is to protect rights and freedoms by limiting the power of the state apparatus. The relevance of each of the theories under consideration is determined by the correlation of political forces in the state and the nature of the contradictions between them. The mechanism for amending the constitution established in the basic law does not provide a compromise between different political forces in the Russian parliament, since this mechanism establishes the predominance of the will of one political force over another. The solution to this problem is currently seen through the achievement of public consent by involving the people in the adoption of amendments to the constitution in a nationwide referendum. Ensuring human rights is also seen through balancing the interests of the individual and the state, this principle is implemented by the amendment to the Constitution of the Russian Federation in 2020 (Article 79). The problem of ensuring the principle of unlimited human rights is due to the fact that in order to implement this principle, it is necessary to revise the Constitution of the Russian Federation, and in this regard, it is necessary to adopt the Federal Constitutional Law "On the Constitutional Assembly of the Russian Federation." It should also be clarified on what grounds the Constitutional Assembly of the Russian Federation adopts the revised Constitution of the Russian Federation on behalf of the people.