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Перевод аннотаций 69

Scientific Conference at the Law Faculty of the Lomonosov MSU

Suren A. Avakyan, Head of the Department of Constitutional and Municipal Law of the Law Faculty of the Lomonosov Moscow State University, LL.D., Professor

Civilization State and the Russian World: Constitutional Law Issues

Evgeny I. Kolyushin, Honored Lawyer of the Russian Federation, LL.D., Professor

Historical and philosophical views on Russia as a country-civilization and the Russian world, which do not differ in uniformity, currently do not have a theoretical and legal justification and legal mechanisms for implementation. In the combination of “I am Society — State — Law — Civilization”, the first four actors are the most mobile quantities, they can change places according to the degree of influence on each other and on Civilization as a whole, and the latter, being a composite alloy of their functioning, seems to be a kind of constant and guarantee of the existence and development of the country. The author sees the Russian world as a self-identifying non-state international cultural and linguistic state of the personality and peoples of multinational Russia, as well as citizens of other states that voluntarily recognize it.

From the position of constitutional (state) law, it is assumed that the role of the state and the various structural elements of the country-civilization and the Russian world will be differentiated, giving it a new set of responsibilities to participate in their provision.

Кeywords: country-civilization, the Russian world, constitutional (state) law, duties of the state, balance of rights and duties of a citizen, values of truth.

Elimination of Moral Neutrality of Public Government as the Primary Task of Russian Constitutionalism Sergey N. Baburin, Chief Research Scientist, Chief Scientific Officer of the Center for Integration and Civilization

Research of the Institute of State and Law of the Russian Academy of Sciences, Honored Scientist of the Russian Federation, LL.D., Professor

The article dwells on the worldview grounds for continuation of the constitutional reform in the Russian Federation. Preservation of moral neutrality characteristic of present-day states seems to be the main threat to the constitutional development of Russia. The author argues that elimination of moral neutrality of public government, transition to constitutional support of kindness and fairness, fight of the public government against any forms of evil constitute fundamental principles of national development and constitutional building for Russian constitutionalism that restores its reliance on traditional spiritual and moral values of multinational people of Russia.

Keywords: constitutionalism, constitution, moral neutrality, West, European Court of Human Rights.

The Concept of Separation of Powers (New Perspective)

Yury I. Skuratov, Head of the Department of Constitutional and International Law of the Gubkin Russian State University of Oil and Gas (National Research University), LL.D., Professor

In the speech delivered at the MSU conference held on June 18, 2024 and in this article, the author addresses the nature and evolution of the concept of separation of powers, raises some problems of its implementation in the present-day Russian Federation.

Keywords: separation of powers, constitutional law ideas, freedom, citizens, public government, president, parliament, executive government.

Unbiased Thoughts in View of Introduction of a Bill of the Federal Constitutional Law on the Constitutional Assembly to the State Duma on May 22, 2024

Oleg G. Rumyantsev, Chairman of the Commission on Development of Constitutional Legal Consciousness of the Association of Lawyers of Russia, PhD (Law)

The proposed article discusses various scientific and legal, as well as practical and political aspects of the problem of legislative regulation of the convening of the Constitutional Assembly as the last constitutional body prescribed in the Constitution, but not yet activated, which has exclusive powers to decide on the issue of preserving the invariability of the current Constitution, drafting a new Constitution and its adoption or its submission to a national vote. The paper considers the significance and status of this institution, offers a historical excursion — previous attempts to adopt the law, substantiates the strategic nature of the Constitutional Assembly, the problem of election of its members and the popular vote on the draft of the new Constitution, analyses the correlation between the Constitutional Assembly and the

№ 9/2024

70 Перевод аннотаций

State Duma, makes a proposal on how to update the Constitution of 1993, makes specific comments on the draft law submitted to the State Duma on 22 May 2024, raises the question of the possibility of an integrated approach to the drafting of the new Constitution. The article is oriented towards continuing the discussion on this issue in scientific and practical terms.

Keywords: Constitutional Assembly, constitutionalism, constitutional order, updating the Constitution of the Russian Federation, amendment to the Constitution of 2020, foundations of the constitutional order of the Russian Federation, constitutional reform.

National Constitutional Values as a Guarantee of Protection of National Interests of the State in the Conditions of the Contemporary Globalization Transformation

Ellada Yu. Balayan, Associate Professor of the Department of State and Administrative Law of the Kemerovo State University, PhD (Law), Associate Professor

The scientific article is devoted to the analysis of the influence of globalization processes on the constitutional and political development of Russia in the modern era. The author notes that globalization is a complex planetary process that, one way or another, affects all modern states of the world, including Russia. Under the influence of globalization processes, any state is transformed, which affects the state and content of its basic constitutional values and features: sovereignty, public authority, human rights, freedoms and responsibilities, territory, financial system and others.

As a result of the study, the author comes to the conclusion that many modern states in the context of globalization create an unfriendly situation for the implementation and observance of human rights, do not demonstrate a diplomatic and compromise policy, and aggravate existing contradictions.

Keywords: constitutional and political development of the state, national constitutional value, national goal, national interest, globalization, deglobalization, human rights and responsibilities, globalization transformation.

Sovereignty and Promotion of the Human Factor in the System of Unity of Public Authorities

Nikolay S. Timofeev, Professor of the Department of Constitutional and Municipal Law of the Law Faculty of the Lomonosov Moscow State University, LL.D.

The author examines the problems of popular and state sovereignty that determine the democratic essence of the Russian Federation and ensure social and state stability. The modern development of the Russian state presupposes a fair social structure, determined by the active role of the people based on the implementation of the principle of popular sovereignty.

State sovereignty is not a principle — a privilege, but a duty of the state to ensure guarantees of the rights of its citizens. The popular character of Russian statehood is determined not by “transferred democracy” — “participation in elections”, but by the embodiment of the idea of a state based on the implementation of popular sovereignty. At the same time, attention is focused on the need to move from the bottom up — from small politics at the municipal level to big politics of the state as a whole.

Keywords: sovereignty of the people, state sovereignty, unity of public authorities, the nature of Russian statehood.

Delegation of Powers (Devolution) as a Form of Decentralization of Public Government and Experience of Its Imple-mentation in Great Britain

Marat S. Basiev, Associate Professor of the Department of Theory and History of State and Law of the North Ossetian State University Named after Kosta Levanovich Khetagurov, PhD (Law)

The article analyzes the meaning and correlation of the concepts of “delegation of powers”, “empowerment”, “transfer of powers” and “devolution” in scientific doctrine and legislation. The conclusion is made that these terms are synonymous as forms of decentralization of power. The experience of devolution in the UK has been studied.

Keywords: decentralization, delegation of powers, devolution, transfer of competence, UK, Scotland.

Mental Rights: The Constitutional Content and Admissibility of Limitations

Mikhail V. Presnyakov, Professor of the Department of Constitutional and International Law of the Povolzhsky Institute of Management Named after P.A. Stolypin, Branch of the Russian Presidential Academy of National Economy and Public Administration, LL.D., Associate Professor

Конституционное и муниципальное право