Аndrey N. Morozov1, Anna A. Kashirkina2
1, 2Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
Abstract. The article analyzes the amendments to the Constitution of the Russian Federation, affecting the implementation of international obligations. The doctrine of international law on the interaction of the norms of international and domestic law and the implementation of international acts within the framework of national legal systems is studied both at the stage preceding the adoption of amendments and at the stage of their development and adoption. Particular attention is paid to the conclusion of the European Commission for Democracy through Law concerning the analysis of amendments to the Constitution of the Russian Federation regarding the fulfillment of international obligations.
The purpose of the study is a legal analysis of amendments to the Constitution of the Russian Federation adopted in 2020 and affecting issues of interaction between international and domestic law, including in the part concerning the implementation of decisions of interstate bodies adopted on the basis of provisions of international treaties of the Russian Federation, in their interpretation contrary to the Constitution of the Russian Federation.
Research methods: dialectical, historical, philosophical, comparative legal, formal legal, logical, analytical, as well as methods of legal modeling and synergetic analysis.
Conclusion: constitutional amendments make it possible, on a constitutional and legal basis, to fulfill international legal obligations contained in various sources of international law, including international treaties of the Russian Federation, as well as legally binding decisions of interstate bodies. In turn, the improvement of legal mechanisms for the implementation of decisions taken by interstate bodies is one of the most important directions not only in the light of constitutional amendments, but also in the context of the fulfillment by the Russian Federation of its international obligations in general. Thus, the Constitution of the Russian Federation respects the consideration of generally recognized principles and norms of international law, as well as the fulfillment of accepted international legal obligations. At the same time, the international legal instruments, reflected primarily in the Constitution of the country, are being objectively modernized in order to protect the foundations of the constitutional system, the rights and freedoms of citizens of the Russian Federation in the changing international situation and the complexity of international relations.
Keywords: Constitution of the Russian Federation, amendments, international law, domestic law, interstate bodies, decisions, generally recognized principles and norms, interpretation, interaction, implementation
For citation. Morozov А. N., Kashirkina A. A. Constitutional Transformations in the Russian Federation and the Interaction of International and Domestic Law: Continuity and Novelty. Journal of Russian Law, 2022, vol. 26, no. 1, pp. 120—141. (In Russ.) DOI: 10.12737/jrl.2022.010