Kochetkov, V.V. Antinomies of the modern Russian constitutionalism: philosophical legal analysis

Abstract: The author of this article considers that certain specific features of the Russian constitutionalism form significant obstacles in the way of sustainable democratic development in Russia. They are some antinomies, and it is not possible to form the value prerequisites for the implementation of the constitutionalism principles in Russia, unless these are resolved. It is proven in the article that without the understanding that freedom as private and public autonomy of an individual may only exist within the space outside the discretion of government power, the spirit of the Russian Constitution shall remain unclaimed and unimplemented. The article applies the method of ascent from the abstract to the specific with the author’s method of axiological explication of the phenomena of the legal conscience. The article for the first time poses an issue of internal contradictions of the modern Russian constitutionalism. The main conclusion of the author is that there is need for an explication of axiological fundamentals of constitutionalism for the implementation of the spirit of the Constitution of 1993 into the state administration system.

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