{"title":"Procedural Norms and Institutions in the Structure of Constitutional Law of Russia","authors":"N. Taeva","doi":"10.17803/2311-5998.2023.112.12.092-103","DOIUrl":null,"url":null,"abstract":"The article analyzes the opinions of scholars and concludes that the “broad” interpretation of the concept of procedural norms, which actually identifies them with procedural norms, is the most reasonable for constitutional law. On the basis of the studied opinions of constitutional scholars, the author’s definition of the concept of procedural norms of constitutional law is proposed. The idea that the procedural component of constitutional law is the result of legal differentiation, as the completeness of legal regulation of dynamic social relations requires the creation of norms that enshrine the mechanism of their realization. The specific features of procedural norms of constitutional law are identified and analyzed, which include: special purpose, features of the external form of expression, determining character for procedural norms of other branches, implementation by a variety of subjects of procedural relations, focus on ensuring the unity of the system of legal regulation. It is concluded that the institutes of constitutional law have substantive and procedural character.","PeriodicalId":508920,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 34","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Courier of Kutafin Moscow State Law University (MSAL))","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17803/2311-5998.2023.112.12.092-103","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The article analyzes the opinions of scholars and concludes that the “broad” interpretation of the concept of procedural norms, which actually identifies them with procedural norms, is the most reasonable for constitutional law. On the basis of the studied opinions of constitutional scholars, the author’s definition of the concept of procedural norms of constitutional law is proposed. The idea that the procedural component of constitutional law is the result of legal differentiation, as the completeness of legal regulation of dynamic social relations requires the creation of norms that enshrine the mechanism of their realization. The specific features of procedural norms of constitutional law are identified and analyzed, which include: special purpose, features of the external form of expression, determining character for procedural norms of other branches, implementation by a variety of subjects of procedural relations, focus on ensuring the unity of the system of legal regulation. It is concluded that the institutes of constitutional law have substantive and procedural character.