Kravets, I.A. Limitations to the judicial guarantees of the Constitution and the right to constitutional legal protection of basic rights and freedoms in the Russian Federation

Abstract: The article concerns legal nature of the supremacy of the Constitution, as well as theoretical bases and means for the guarantees of such supremacy, both judicial and political, in the doctrine and practice of the modern constitutionalism, and some limitations to the constitutional guarantees within the context of conceptual bases of modern constitutionalism, changes in the conditions for the implementation of the right to constitutional legal protection of basic rights and freedoms, as well as some propositions on the improvement of legal guarantees and raising efficiency in the sphere of constitutional judicial procedure. The author discusses the relations between the various means used in order to guarantee supremacy of the constitution and the efficient implementation of constitutional norms, as well as specific features of the modern Russian constitutionalism at the current stage of its development. The article uses the methods of comparative and systemic analysis, constitutional projections and critical evaluation of efficiency of such methods. The article also includes analysis of ideological sources of the modern guarantees of the Constitution and their constitutional enshrinement and correlation in the doctrine and practice of the modern Russian constitutionalism and constitutional justice. The author uncovers gaps and shortcomings in the current legislation in the sphere of guarantees of constitutional norms, and formulates the provisions for the improvement of constitutional legislation and legislation on constitutional justice.

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