Theoretical problems of defining the concept of limits of constitutional regulation

Abstract

The article carries out a political and legal analysis of the problematic issues of determining the limits of constitutional regulation as independent legal phenomena. The author, on the basis of an analysis of various points of view, explores the peculiarities of the concept of the limits of constitutional regulation at a single historical stage in the development of a state. Based on the analysis of modern literature, the author comes to the conclusion that the reason for which, for a significant amount of time, the limits of constitutional regulation were not the subject of scientific research is the politicization of the categorical-conceptual apparatus, its variability and dependence on the ideology of the elite. According to the author, it is now possible to observe in Russia an increasing politicization of constitutional law. This cannot but influence the expansion of its sphere, which in this historical period of time includes a fairly wide range of relations that are of fundamental importance for a country — the underlying relations and ties that define the foundations of the constitutional system, the relationships that define the basis of the legal status of a person and citizen, his rights, freedoms and obligations, the relations that determine the order of interaction for federal bodies of state power with the bodies of state power of the subjects of the Russian Federation, and the relations that define the basis of the legal situation of the state bodies and relationships that specify the principles of local self-government in the Russian Federation. Recognizing the opinions of scholars based on the theoretical dogmas of representatives of legal science, the article proposes to expand the content of this concept by incorporating the distinctive features of constitutional regulation, describing their role (purpose) in the process of constitutional regulation.