Open AccessConstitutional amendments and revision of the Constitution of the Russian Federation: features of the 2020 procedure
Author(s) -
Sergey P. Kazankov
Publication year - 2021
Publication title -
vestnik âroslavskogo gosudarstvennogo universiteta imeni p.g. demidova. seriâ, gumanitarnye nauki/vestnik âroslavskogo gosudarstvennogo universiteta im. p. g. demidova. seriâ, gumanitarnye nauki
Language(s) - English
Resource type - Journals
eISSN - 2658-3844
pISSN - 1996-5648
DOI - 10.18255/1996-5648-2021-2-232-241
Subject(s) - constitution , law , russian federation , constitutionalism , amendment , political science , constitutional amendment , democracy , sociology , politics , regional science
The article discusses the issue of the procedure for changing the Constitution of the Russian Federation. Examples of norms of foreign constitutions are given, which constitutionalists recognize as rigid constitutions in the order of their amendment. The ways of changing the Constitution of the Russian Federation are considered: revision, adoption of amendments, amendment of Art. 65Identified problems such as the form of the amendment to the Constitution, the moment of entry into force of the amendment, the introduction by the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of 2020 a nationwide vote as an additional condition for the entry into force of the amendment, as well as additional powers of the Constitutional Court of the Russian Federation to verify compliance with Chapters 1, 2 and 9 of the Constitution of the Russian Federation of the provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation that have not entered into force, as well as the procedure for the entry into force of Art. 1 of the Amendment Act. The critical notes are offered. In particular, the author comes to the conclusion that the approval of the constitutional amendment by the parliaments of the constituent entities of the Russian Federation is not a moment, but a condition for its entry into force, therefore, the law on the amendment cannot introduce additional conditions for the entry into force of constitutional amendments, since this leads to a violation requirements of Art. 136 of the Constitution, which cannot be amended by the federal parliament in the manner prescribed by chapter 9 of the Constitution.