Поправки к Конституции и вопросы толкования в национальном и международном правосудии

Актуальные проблемы российского права. 2020. Т. 15. № 12. С. 181–189.

Galperin M.

The paper examines the changes made to the Constitution of the Russian Federation through the prism
of the current problem of interpretation by international and national courts of the rule of law, since approaches
to the interpretation of any legal text are of fundamental importance. The questions of interpretation have already
ceased to be technical in nature. Different approaches to interpretation determine what the democracy and
people’s rule mean, the relationship between law and politics, the place of the country in the international system
of coordinates. Special attention is given to the term and the problem of "interpretation" — one of the novels of the
Russian Constitution. The author addresses the question of what “an interpretation contrary to the Constitution”
means. It is precisely the different understanding of the same norms by the courts, the use of different approaches
to the interpretation of legal texts that can lead to conflicts and even conflicts of jurisdictions resulting in serious
consequences. The paper critically evaluates the application of the so-called evolutionary, broad interpretation of
the European Court of Human Rights, which encourages states to develop mechanisms in national legal systems
to protect against arbitrary decisions of the international court. In addition to the evolutionary one, the paper
examines other modern approaches to interpretation: consequentialism, textualism, and originalism. The problems
of interpretation are considered based on an analysis of the practice of the European Court of Human Rights, the
Court of the European Union, American and European legal doctrine.

Keywords: толкование, ЕСПЧ, конфликт юрисдикций, конституционные поправки, Конституция