Kochetkov V.V. Russian values and the Russian Constitution of 1993

Abstract: The article for the first time in the Russian scientific literature analyzes the issue of axiology of the Russian Constitution and its correspondence with the Russian legal conscience. The author shows that constitutionalism as a type of defined legal ethics allows to rationalize the fundamental Russian values (freedom and truth) in such a way, that these key values of the legal conscience of the people become axiological bases for the constitutional ideals of public and private autonomies. Based on the above-mentioned concept the article provides analysis of the shortcomings of the concepts of the Russian national identity, such as the “Russian idea” in the past, and of the modern “political” interpretations of the Russian Constitution of 1993. The author disagrees with those considering the that the ideals of the Constitution contradict the national conscience and that it should be amended. It is quite on the opposite, the contradictory legal practice in the sphere of application of constitutional norms is related to the ethos of the modern ruling elite and specific features of its legal conscience, them being the main obstacle in the way of the implementation of the Russian Constitution, rather than the disparities in the protection of the Fundamentals of the constitutional order as enshrined in Chapters 1 and 2 of the Constitution of the Russian Federation and its further Chapters.

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