The proceeding of the amending the constitution of Russian federation: comparative analysis
Russian Journal of Legal Studies
The article is devoted to analysis of the provisions of the constitutions of the Russian Federation and the French Republic on the procedure for amending the text of the Constitution. On the premise of the legal and socio-political proximity of the constitutional systems of the Russian Federation and the Fifth French Republic, the author makes a comparative analysis of the provisions of the Constitution of Russia of 1993 year and the French Constitution of 1958 year, paying particular attention
... to the point of making changes and amendments into the text of the Main laws of Russia and France. According to the author, the Constitution, as the Supreme standard of the legal system of the State, its basis, should not become incapable of correction, static construct. For a truly democratic strengthening of the Constitution it is important to give the society the opportunity to modify it. Stiffness adjustment rules the Constitution can justify the theoretical considerations, international experience, technical problems that arise because of additions to the text, as well as the loss of credibility of the Constitution as the basic law. The article shows that the three-tier constitutional structure upgrade in Russia justifies itself in terms of the hierarchy of values. It is advisable to make or even exclude the procedure of changing the basic law and aspects relating to the State and national sovereignty; application of several simplified, lightweight procedures not only permissible but desirable in the case of the adoption of the amendments, which are associated with the device of the public authorities. However, according to the author, the mechanism must be employed for the review of the Constitution, not declarative, as the request for convening the constitutional Light in case of revision of the provisions of the Constitution of the Russian Federation. The French Constitution, establishing more concise mechanism changes, allows more flexibility to shift constitutional paradigms. In the end, the conclusion about the possibility of using the unique experience of French Constitutional reforms in Russia.