Об основаниях и перспективах автономного толкования конституционных понятий

Вестник Московского университета. Серия 11: Право. 2021. № 6. С. 44–55.

Igumnov N.

Modern constitutional-law scholarship, paying considerable attention to the methods of interpretation of the Russian Federation Constitution, often bypasses the substantive issues of interpretation of constitutional concepts, usually pushing them into the field of legal technique. A large number of studies focus on the issues of constitutional terminology, i. e. on the external aspect of constitutional concepts, leaving aside their meaning and place in the system of constitutional regulation. Meanwhile, the proper determination of the content and scope of a constitutional provision depends directly on the interpretation of the concept that forms the basis of the constitutional norm. For this purpose, the Russian Constitutional Court, which is authorized to interpret the Russian Federation Constitution in an official and binding way, applies the method of autonomous interpretation, which involves interpreting constitutional notions in the system of constitutional provisions without limiting to the definitions given to them by the statutory regulation. This method of interpretation has not been thoroughly understood in the domestic constitutional-law science in relation to the activities of the Russian Constitutional Court. However, under the conditions of the increasing complexity of the system of legislation, as well as in connection with the participation of the Russian Federation in international organizations, the autonomous interpretation of the Russian Federation Constitution may be in demand in the practice of the Russian Constitutional Court.

Keywords: Russian Constitutional Court, Конституционный Суд Российской Федерации, толкование конституции, автономное толкование, interpretation of the Russian Federation Constitution, constitutional concepts, autonomous interpretation, конституционные понятия