Конституция Российской Федерации 1993 г.: свершения, мифы и реалии (на примере экономической модели)
The 25th anniversary of the Constitution of the Russian Federation has led to the formulation of questions about the results of the development of Russian society, about a possible constitutional reform. A certain deviation of the 1993 constitutional model from the realities of today is recognized. The purpose of this work is to assess a number of aspects of the creation of the draft Constitution of Russia, the relationship with the current constitutional model, identify its positive results and implementation problems.
Analysis of the Constitution of the Russian Federation in 1993 is carried out using the methods of dialectics, historical analysis and comparative jurisprudence. For a more substantive analysis of the 1993 Constitution of the Russian Federation, a comparison with the Constitution of the RSFSR of 1918 is used; As objects of analysis of the constitutional model of 1993, separate constitutional principles of the economic system are used (first of all, the principle of supporting competition).
The peculiarity of the 1993 Constitution of the Russian Federation was that it consolidated the draft of the concept model of liberal-democratic civilizational development that was fundamentally new for Russia. This constitutional project is distinguished by its programmatic nature and elements of myth-making. Elements of the transition period in the formation of a modern legal market economy predetermine our development. The constitutional model of a market economy is carried out with deviations from the principles of a market economy (primarily supporting competition). In turn, this situation affects democratic institutions of political competition.
The revision of the Constitution of the Russian Federation does not make sense, since no request has been formulated for changing the paradigm of democratic market development. Separate, “pointed” changes to the Constitution of the Russian Federation are possible, but a number of problems, for example, the imbalance of state authority over the executive branch, can be solved within the constitutional powers of the Russian parliament and the Constitutional Court of the Russian Federation. The paper proposes a number of constitutional legal measures to ensure the constitutional content of the principle of competition support.