PERFORMANCE OF RUSSIAN CONSTITUTIONALISM (THE THEORY ISSUES)

Today, the problems of Russian constitutionalism, covering diverse phenomena and processes, are widely represented in the legal literature. It covers historical, conceptual, structural, substantive, practical and applied and other aspects that characterize this phenomenon. At the same time, such an area as its effectiveness remains little explored. At the same time, improving theoretical ideas about the relationship between the goals and results of our constitutional development can contribute to the development of scientific approaches to assessing domestic constitutionalism, identifying the subjects of such assessment, and the social effectiveness of its dynamics. Based on the relationship between goal and result, an analysis is made of the possibilities of assessing the effectiveness of Russian constitutionalism. An approach to assessing the effectiveness of Russian constitutionalism as a legal phenomenon with a complex elemental composition is determined. The features of assessing the effectiveness of the ideological, legal and practical elements of domestic constitutionalism are characterized. The criteria and features of the subjects for assessing the effectiveness of Russian constitutionalism are considered. The study of the range of problems covered by the title of the article allowed the authors to formulate the following conclusions: a theoretical prerequisite for characterizing the effectiveness of Russian constitutionalism can be the identification of its ideological, legal and practical elements and consideration of them from the standpoint of goals, means and results; solving the problem of assessing the performance under consideration involves analyzing the aggregate abilities of our society to produce new constitutional ideas, and the state to select these ideas; assess the normative legal qualities of the Constitution of the Russian Federation as a result of the process of constitutional law-making, the impeccability of its text from the standpoint of legal technology, systemic unity and interconnection of its norms, the ability to cover basic social relations with the necessary completeness; The peculiarities of assessing the effectiveness of the applied element of Russian constitutionalism lie in the fact that the indicators that serve as criteria for such assessment may be contained in various documents, including statistical data, information on the implementation of state programs, while it is possible to use a comprehensive assessment method that could would be based on the use of data on the dynamics of administrative and criminal acts committed, as well as information on the dynamics of various types of state and public incentives that characterize attitudes towards citizens, society and the state; activities to assess the effectiveness of Russian constitutionalism presuppose compliance with such criteria as systematicity, a step-by-step sequential nature using independent criteria for assessing the effectiveness of each element, the determination of intermediate results and, on their basis, the final result.