Reflection of constitutional law and its «legal capacity»
Authors: Domakov V 
Published: April 2020

State of matter: The application of philosophical categories that determine the nature, content and form of objects and phenomena makes it possible, with regard to law and its most important branch, the Constitutional Law, to form a clear idea not only about their reflection, but also about the reflection of its «legal possibility» - the Constitution RF.

The stability of their existence, which is understandable for most people, has al-ways been linked without problems to the meaning and value of their life, and for this reason it is quite justified to proceed from the a priori assumption that such stability is unconditionally present in society. It was provided by a set of legal principles that characterized only the attitude of legal subjects to the law; the specific representation of the «function of law», which was defined as the «direction of legal influence», which corresponds to the «area of its meanings», the specific semantic content of the right to «dispose», and the «rules of law» that determine its content were not listed and received only a semantic description in the articles of normative legal acts.

Legal conflicts were supplemented by conflicts of the Basic law of the state, which include the fact that the principles of law were not included in it, while being formulated not in its preamble, but in normative legal articles, which allowed, although under the threat of pun-ishment, to deviate from them; the basis of the «public relations» – «property» was characterized by a deficiency of her substantive views, allowing to identify the concept of «democracy» with «freedom of choice», and justified by Aristotle introduced «separation of powers», which those in power perceived somehow as «separation of powers».

Unfortunately, the amendments proposed and developed by the «Working group on amendments to the Constitution of the Russian Federation» do not eliminate these contradictions, just like the opposition's «street demands» to keep the Constitution of the Russian Federation unchanged.

Results: It is proposed to proceed from the fact that the objective reality associated with the presence of people in a very changeable and aggressive environment, with difficulties due to the presence of very contradictory interests of their coexistence, is changing, and stability is only a special case of it.

This makes it possible at the level of law and its most important branch – constitutional law-to base the axiomatics of relations in society on universal values; to use the categorical-structural-system method to identify conceptual, static and dynamic contradictions in law; to legalize the generally accepted concept of «function» and on this basis to develop a functional structure of law and implementing its organizational structure of law, allowing to identify static contradictions, while dynamic contradictions can be identified and eliminated by preliminary testing in practice, following the example of legal custom.

With regard to the Constitution of the Russian Federation proposed to introduce the principles of law and its content in the preamble; to return to the conventional understanding of «ownership» that is always meant legalized «the belonging of something to someone»; on its basis to legitimize its structural representation as a «complex object», allowing along with private property to enter the public property in which every citizen of the Russian Federation becomes a co-owner of the national heritage without allocation of its share that will really allow you to control (dispose of) objects and subjects of ownership, i.e. to create conditions for extracting the maximum possible properties from them, and on this basis to legitimize «democracy» as «the power of the people», without replacing it with the phrase «freedom of choice», which means to completely abandon the long-obsolete «division of power», which is identified with the «division of powers».

The scope of the results: The results obtained can be widely used in practice in a constantly changing objective reality.

Conclusions: Short-term patching of the current Constitution of the Russian Federation, which preserves all the contradictions in law and its branch-the Basic law, just as leaving it without any changes in principle cannot solve the problem of creating optimal conditions for extracting the most useful properties from objects and subjects of property and maximum filling of the country's budget.