On the Issue of Constitutional Identity and Legal Certainty
The relevance: 2020 was marked by an important historical event for Russia - the preparation and adoption of amendments to the Constitution of the Russian Federation, reflecting both the legal identity and the rich long-term experience of the constitutional construction of the Russian state. The development of changes took place taking into account the opinions of various segments of the population, broad public discussion and subsequent improvement of the regulatory framework. In this sense, the issue of the quality of constitutional amendments and other normative legal acts is a priority. We are talking, firstly, about its clarity, comprehensibility, unambiguity, and secondly, about the absence of gaps, defects and ambiguities, which inevitably calls for turning your attention to the problems of legal certainty. The problem statement: implementation of a set of measures aimed at ensuring socio-economic rights in such a way that citizens really feel their belonging to a multinational people united by a common destiny on their land, as follows from the text of the preamble to the Constitution of the Russian Federation. The purpose of the study: based on the analysis of doctrinal and practical issues, normative legal acts, decisions of the Constitutional Court of the Russian Federation, the European Court of Human Rights, statistical data, to show the special role of the Constitution of the Russian Federation from the position of its supremacy in combination with the doctrine of constitutional identity and the principle of legal certainty, which are a trend of modern globalization processes. The methodological basis of the research consists in the application of both general scientific and special methods developed in jurisprudence. During the research, the following methods of scientific cognition played a special role: dialectical, historical, comparative legal, statistical, logical, etc. The conclusions: a number of conclusions have been drawn concerning, on the one hand, the development of the legal potential of the Constitution of the Russian Federation, which is a determining vector on the way to prevent socio-political destabilization, and on the other - constitutional identity, in the broadest sense manifested in the desire to know and formulate their national, religious, etc. identity, to follow traditional family values, etc. and at the state level - in preventing violations of territorial integrity, state sovereignty, recognition of the constitutional and legal identity of the state, as well as regarding legal certainty (legal stability) as one of the most important characteristics of constitutional identity.