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  • The Function of the Constitutional Court of the Russian Federation for the Protection of National Constitutional Identity: Content, Iegal Forms of Implementation

The Function of the Constitutional Court of the Russian Federation for the Protection of National Constitutional Identity: Content, Iegal Forms of Implementation

Student: Petukhova Arina

Supervisor: Vladimir A. Sivitsky

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

At the present time in the Russian legal doctrine there is an issue of domination of supranational European law over national Russian. This is expressed, first of all, through the adoption of decisions by the inter-state body, in particular the European Court of human rights, according to which it reveals contradictions between the norms enshrined in the Constitution of the Russian Federation and the provisions of the Convention for the protection of human rights and fundamental freedoms, ratified by Russia and extending its For a number of reasons discussed in this paper, such decisions cannot be implemented on the territory of the Russian Federation, which is due to the emergence of a new concept for the Russian rule of law doctrine of national constitutional identity. In this connection, the question of the content of this concept in the context of the increasing role of supranational law over national law and order is considered. This raises the problem of finding mechanisms to protect the doctrine under consideration, and, accordingly, state sovereignty and the supremacy of the Constitution of the Russian Federation. The most significant mechanism of protection is the constitutional justice, the main link of which is the constitutional Court of the Russian Federation. Through its powers, the constitutional Court of the Russian Federation protects the national constitutional identity, national law and order. Therefore, for this purpose, the author analyzes the main powers of the constitutional control body.

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