Starodubtseva I. —
Impact of the Constitution of the Russian Federation upon development of the constitutional-legal institutions and formation of conflict of laws
// Law and Politics. – 2017. – ¹ 1.
– P. 1 - 11.
DOI: 10.7256/2454-0706.2017.1.10159
URL: https://en.e-notabene.ru/lamag/article_42604.html
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Abstract: This article is dedicated to the examination of key directions of influence of the Constitution of the Russian Federation upon development of the constitutional-legal institutions and conflict of laws, the formation of which as a new branch is suggested on the basis of constitutional norms. The author highlights two vectors of influence of the Constitution of the Russian Federation upon development of the constitutional-legal institutions at the present stage: positive influence, which manifests in the constitutional definition of directions of development of the constitutional-legal institutions based on the principles established in the Constitution of the Russian Federation; as well as insufficient influence, which implies a negative aspect – contradiction with the Constitution law of the Russian Federation. The article systematizes the constitutional regulators, which serve as the basis for formation of the conflict of laws: constitutional norms that guarantee federal conflict of laws, ways of resolution of the collisions; constitutional principles of the conflict of laws; constitutional presumption of legal regulation of the mechanisms of prevention and elimination of violations of the Constitution of the Russian Federation. The author formulates the subject, institutions, method, and sources of the conflict of laws as a model branch, as well as suggests the stages of its establishment.