LEGAL REGULATION OF THE CONSTITUTIONAL ASSEMBLY FORMATION IN THE RUSSIAN FEDERATION

Abstract

The subject of the survey covers legal and organizational regulation of the Constitutional Assembly. The object of the study includes activities of the Constitutional Assembly in the Russian Federation. The author has analyzed some legal concepts developed by experts in relation to regulation of the Constitutional Assembly. Relevant literature analysis has revealed main shortcomings in proposed draft laws, the main one being the lack of detailed principles regulating the work of the Russian Constitutional Assembly. The main conclusion that has been made in compliance with the results of the survey states that the Federal Constitutional Law governing the activities of the Constitutional Assembly of the Russian Federation must contain detailed principles of activity and appropriate mechanisms for their implementation. The main contribution made by the author in this article is determination of the need to form fundamental requirements applied to the activities of the Constitutional Assembly in view of the fact that this institution combines both legal and political components. The novelty of the article amounts to developing appropriate principles for the work of the Constitutional Assembly of the Russian Federation and to analyzing possible mechanisms for their implementation aimed, first and foremost, at preventing adoption of the Constitution that is contrary to foundations of humanism, civil rights and freedoms of a person and citizen. In particular, the author has proposed five most important principles: adherence to the balance of interests, which includes both the interests of federal authorities and constituent entities of the Russian Federation, professionalism, independence of the activity, rational expenditure of budgetary funds and efficiency of action.