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774 THE 2020 AMENDMENTS TO THE CONSTITUTION OF THE RUSSIAN FEDERATION AND THE IDEOLOGY OF A SOVEREIGN DEMOCRATIC AND WELFARE STATE Ivan Vasilievich Ivanov1
Abstract: The article examines the state sovereignty were largely beyond constitutional and legal content of the them. A change in the current situation is 2020 amendments to the Constitution of possible through the harmonization and the Russian Federation. The study aims succession of Russia and the Soviet state, to substantiate the existence of a with the adoption of the social values of coincidence of public opinion and public the USSR in modern Russia. The demand in Russia with the amendments conclusions of the article boil down to a to the Constitution of the Russian positive assessment of the amendments Federation, as well as to analyze the to the Constitution of the Russian impact of these amendments on Federation, which, according to the changing the citizens' constitutional author, will lead to the formation of the rights. The results of the study are the ideology of a real sovereign democratic assessment of the impact of amendments and welfare state in Russia. Besides that, to the Constitution of the Russian the author notes in the conclusions that Federation on a possible change in socio- the establishment of Russia as a political life in Russia, strengthening democratic state, with the recognition of guarantees, and increasing the scope of a market economy, separation of powers, citizens' social rights. The article defines and the rule of law, is impossible without the peculiarity of the constitutional guaranteeing the social rights of all system of Russia, which was the result of Russian citizens. the formation of a new political and public life after 1991, and reflects liberal Keywords: amendments, Constitution political and legal values, stating that the of Russia; democracy; sovereignty; citizens' social rights and the ideas of social rights
Russian State University of Tourism and Service, Glavnaya Street, 99, Cherkizovo, 141221, Moscow 1 Region, Russia. E-mail: [email protected]
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775 Federal Assembly of the RF (hereinafter Introduction referred to as the State Duma). On March The problems of the study of the 14, 2020, the bill was signed by the 2020 amendments to the Constitution of President of the RF and published (Bill the Russian Federation (RF) is No. 885214-7, n.d). associated with the need to determine The aim of the study is the whether there is a real demand from constitutional and legal analysis of the society to change the organization of the 2020 amendments to the Constitution of highest bodies of state power, as well as Russia, determination of their impact on to identify the need of Russian citizens to changes in the socio-political life of increase the volume of their socio- society and constitutional values, as well economic rights. as stating whether there was a real public Besides, the problematic of the demand for such amendments. study is connected with the analysis of The study of the 2020 the possibility of implementing amendments to the Constitution of the amendments to the Constitution of RF is a fairly new subject in the Russia in practice and not turning them constitutional law of Russia and is into constitutional declarative and represented by a small number of fictitious norms. research works, which are given below. These issues are determined by The head of the department of the constitutional reform in Russia, the constitutional and municipal law S.A. most ambitious reform since the collapse Avakyan (2020), who, by the order of the of the USSR. President of the RF of January 15, 2020, The reform was initiated by the was also included in the task group on President of Russia. In January 2020, the the development of amendments to the President of the RF V.V. Putin Constitution of the RF. introduced bill No. 885214-7 "On His proposals are in many ways improving the regulation of certain similar to bill No. 885214-7. issues of the organization and Another Russian researcher functioning of public authorities" S.N. Baburin pays special attention to (hereinafter referred to as bill No. social and spiritual norms aimed at 885214-7) to the State Duma of the educating a patriotic citizen in decent
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776 material conditions in the 2020 analytical method, the empirical method, amendments to the Russian Constitution the method of comparative (Baburin, 2020). jurisprudence, the historical method, and It is hypothetically possible to the formal-legal method. assume that the 2020 amendments to the The analytical method is used to Constitution of Russia will determine the compare constitutional norms, as well as change in constitutional values in Russia to analyze the amendments made to and will affect the social and political life them, aimed at a logical analysis of the of the multinational people of Russia. text of the Constitution of the RF. We believe that the The empirical method is based constitutional and legal assessment of on data from sociology and public the amendments to the Constitution of opinion studies. Law sociology which the RF is relevant and significant for the was justified in the works of such jurists development of Russian statehood and as G. Jellinek (2004) and O. Ehrlich the implementation of the constitutional (2011) shows that the legislative process status of an individual. and lawmaking as a whole should be Thus, this article is aimed at based on public inquiry and public assessing and analyzing the opinion. Given this, full-fledged legal constitutional and legal content of the research should be based on public 2020 amendments to the Constitution of opinion and the data of opinion polls. the RF. The method of comparative Besides, we note that the initial jurisprudence was used to compare vote on amendments to the Constitution constitutional norms (the text of the of the RF was planned to be scheduled Constitution of the RF) with the for April 22, 2020, but due to the constitutional norms of foreign states pandemic, the vote was postponed to a (USA, Germany, France) to determine later date. Perhaps the vote will be held the features of the constitutional system in the summer of 2020. of Russia and Russia's place among foreign states. Methods The historical method makes it In this work, we use the possible to conduct a retrospective following research methods: the analysis of the effect of constitutional
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777 norms, to determine the historical Sometimes this was associated with the prerequisites for the adoption of the formation of a state or a change in the Constitution of the RF in 1993 and constitutional system (Constitution of amendments to it, to prove the positive the Russian Soviet Federative Socialist or negative effect of certain Republic (RSFSR) of 1918, Constitution constitutional norms in space and time. of the USSR of 1924, Constitution of the This is especially important for RF of 1993), in other cases with the justifying the feasibility of amending the registration of the results of the state's Constitution of the RF in 2020. policy (Constitution of the USSR of The formal legal method is 1936 and 1977). aimed at the design and presentation of a The Constitution of the RF in scientific text and allows formulating 1993 was adopted in the conditions of a statements, hypotheses, and concepts, as fierce struggle between the Supreme well as giving interpretations to certain Soviet of the RSFSR and the first constitutional norms. The formal legal President of the RF B.N. Yeltsin, the method is used in all sections of this result of which was the dissolution of the article and allows it to be formalized as a Russian parliament and the submission legal study in the field of constitutional to a popular vote on December 12, 1993, law. of the "presidential" draft of the Results Constitution of Russia. The The study of the prerequisites, "presidential" draft differed from the grounds, and content of the 2020 draft constitution proposed by the amendments to the Constitution of the Supreme Soviet of the RSFSR, in the RF is impossible without a digression vesting of the President of the RF with into the history of the 20th century on the extensive powers and the formalization issue of adopting constitutions in Russia of a presidential republic in Russia. and introducing amendments to them. The Constitution of the RF of Constitutional practice in 1993 contains the main liberal values: Russia shows that every head of state, the priority of human rights (Art. 2); since the adoption of the first private property (part 2 of Art. 8); market Constitution of Russia in 1918, initiated economy (part 1 of Art. 8); ideological the creation of a new constitution. and political pluralism (Art. 13); the rule
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778 of law (Art. 15); the freedom of labor lower than the subsistence rate. (part 1 of Art. 37). Structural changes in the procedure for Thus, the 1993 Constitution of empowering officials (ministers, the RF contains liberal values and prosecutors), expanding the powers of formalizes a strong "presidential" power. the Federation Council of the Federal Over the more than 20 years of Assembly of the RF (hereinafter the existence of the Constitution of the RF, Federation Council) are approved by society has formed its idea of approximately 60% of Russians constitutional values, which does not (Popravki k Konstitutsii: znachenie i always coincide with the official state otnoshenie, 2020). doctrine (Komarova, 2019). The sociological polls cited Sociological polls show that the above prove that the population of population of the RF retains a positive Russia has a positive attitude towards the attitude towards the Soviet state and its Soviet system based on the demands for system. According to a poll by the All- expanding the citizens' social rights and Russian Center for Public Opinion their proper consolidation in modern Research (hereinafter VTsIOM) in 2016, Russia. The change in the procedure for 63% of respondents regret the collapse of the formation of public authorities is less the USSR (Back in the USSR?, 2016). important for the population. Similar data for 2017 (66%) are At the same time, the doctrine presented by the largest non-state of Soviet state law on the priority of sociological center in Russia, the Levada social rights over the citizens' personal Center (Mukhametshina, 2018). rights is well-known and reflected in all A study by VTsIOM of the Soviet constitutions. attitude of citizens of the RF to the draft The 1993 Constitution of the of the amendments to the Constitution of RF, as noted above, was adopted during the RF showed that 91% of citizens had the collapse of the Soviet system and a positive attitude to amendments reflects liberal values to a greater extent, regarding the welfare system: the one way or another, putting citizens' consolidation of the indexation of social rights into the background. pensions, benefits, and other welfare The violation of the balance of payments, fixing the minimum wage not personal rights, the values of a market
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779 economy, on the one hand, and the RF make it possible to conclude the citizens' social rights, on the other hand, approval of the ideology of the welfare led to a critical attitude among the state in Russia: population towards the current - Bill No. 885214-7 envisages Constitution of the RF and the the consolidation of a new article of the constitutional system as a whole. Constitution of the RF 751, which The amendments to the mentions "respect for the laborer, Constitution of the RF proposed by the ensuring a balance of rights and President of the RF are aimed at obligations of a citizen, social expanding the citizens' social rights, partnership, economic, political and strengthening the sovereignty of Russia, social solidarity"; and developing democracy. - Article 75 of the Constitution Every constitution has an of the RF is supposed to be ideological function; it is also present in supplemented with parts 6 and 7 of the the 1993 Russian Constitution. following content: "In the RF, a system Moreover, Art. 13 of the Russian of pension provision for citizens is Constitution stipulates that ideological formed based on the principles of diversity is recognized in the RF, and no universality, fairness and solidarity of ideology can be established as a state or generations and its effective functioning mandatory ideology. The prominent is maintained, and pensions are indexed domestic constitutionalist S.A. Avakyan at least once a year in the manner believes that "each constitution fixes its prescribed by federal law (part 6); In the system of social values and is aimed at RF, under federal law, compulsory social bringing up the corresponding view of security, targeted social support for each member of society on its basis" citizens and the indexation of welfare (Avakyan, 2010). Until now, based on payments and other welfare benefits are the analysis of the text of the guaranteed "(part 7). Constitution of the RF, it could be argued It should be noted that none of that its ideological function is to the constitutions of the countries of proclaim and assert liberal values. Western Europe (Germany, Italy, Great We believe that the 2020 Britain, France) and the United States amendments to the Constitution of the (Maklakov, 2012) contains the phrase
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780 "laborer". This term is characteristic only immunity from statements according to of the constitutions of socialist states. which "the succession of Russia and the We believe that the communist regime (i. e. the USSR — I. amendments to the Constitution of the I.) is doubtful" (Postanovleniyu RF are aimed at strengthening the Konstitutsionnogo Suda Rossiiskoi sovereignty of Russia. We base our Federatsii No. 39-P/2019, 2019). Such statement on the following provisions of statements only contribute to the disunity draft law No. 885214-7: of society, after the adoption of the - a new part 2.1 is introduced amendments, similar statements can be into article 67 of the Constitution of the considered as anti-constitutional; RF, which directly prohibits actions to - the amended text of the alienate parts of the territory of the RF, Constitution contains Part 2 of Art. 67.1, and states that calls for such actions are which for the first time introduces the also prohibited. It follows from this that term "Russian state", while the official the question of transferring the Kuril name of our state is the RF — Russia Islands to Japan cannot be considered, (Art. 1 of the Constitution of the RF). and that liability (to a greater extent, Thus, the Russian state is introduced as a criminal liability) must always be unifying concept of all thousand-year- established for agitation aimed at old statehood and the legal succession of alienating Russian territories; this statehood by Russia. The same part - the strengthening of indicates that Russia recognizes the sovereignty is facilitated by the historically formed state unity. This constitutional consolidation of the suggests a reference to article 1 of the provision on the RF as the legal Basic State Laws of the Russian Empire successor of the USSR on its territory, as of April 23, 1906, which stated that "the well as the legal successor concerning Russian State is one and indivisible." membership in international The ongoing constitutional organizations and their bodies, reform in Russia is also aimed at participation in international treaties democratizing the procedure for the (part 1 of Art. 67.1 of the Constitution of formation of executive power by the RF according to bill No. 885214 -7). endowing the Federation Council and the Such a constitutional norm provides state State Duma with additional powers to
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781 agree on the appointment by the Duma P.V. Krasheninnikov explained President of the RF of heads of federal that this ban could lead to a negative executive bodies, federal ministers effect and many highly professional (subparagraph "K" part 1 of Art. 102 of specialists would have to leave the civil draft law No. 885214-7), as well as the service (Fedorenko, 2020). consolidation of the institution of Our position on this matter is parliamentary control at the diametrically opposite and consists in the constitutional level (Art. 1031 of the need to strengthen the mechanisms of Constitution of the RF on draft law No. "nationalization of the elites", in which 885214-7). the decisions of officials will not depend Besides, we believe that the on possible sanctions of foreign states, amendments to the Constitution of the including the arrest of foreign acts of RF will contribute to the development of these persons (such as real estate in digital democracy in Russia, in which the foreign countries). population will participate more in the The implementation of the 2020 political life of the state, having a amendments to the Constitution of the positive attitude towards constitutional RF in practice is an important issue. norms. According to P.V. Krasheninnikov, these A controversial point is the amendments are already being rejection of the rule prohibiting the heads implemented in the form of additional of federal government bodies and judges welfare benefits, which are paid by the from owning real estate by right of state in a pandemic to the unprotected ownership in foreign countries, which segments of the population (Zelensky, was contained in the original version of 2020). However, we believe that the bill No. 885214-7 of January 20, 2020. main block of the 2020 amendments to When discussing bill No. 885214-7 in the Russian Constitution has yet to be the State Duma, the deputies excluded implemented. this provision. The co-chairman of the task group on the adoption of Discussion amendments to the Constitution of the In published research, there was RF, Chairman of the Committee on State no active discussion of the amendments Building and Legislation of the State to the Constitution of the RF of 2020,
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782 which can be explained by the rapid the nationwide vote for amendments to adoption of these amendments the Russian Constitution proposed by the (introduced to the State Duma on President of the RF turned out not to be January 20, 2020, adopted by the State a referendum, but some kind of new, Duma and the Federation Council on special approval procedure, unclear even March 11, 2020, officially published on to legal scholars and constitutionalists. March 14, 2020). The lack of wide public discussion of the An appeal (open letter) was 2020 draft amendments to the published by Russian academic figures, Constitution of the RF was criticized cultural and literature professionals (Umnova, 2020). under the title: "Let us prevent a We believe that the position of constitutional crisis and an anti- the constitutionalist I.A. Umnova is constitutional coup. An appeal of justified, since a nationwide public scientists, writers and journalists to the discussion of the draft amendments to citizens of Russia" (2020), the essence of the Constitution of the RF could enrich which was a call to the Constitutional their content and would take into account Court of the RF to give a negative the opinion of the general population. assessment of the possibility of Judge of the Constitutional "resetting" the presidential term by Court of the RF T.G. Morshchakova, in introducing amendments to the 2020 her article "On the dialectics of the Constitution of the RF. Note that constitutional process and constitutional subsequently the Constitutional Court of changes", as a whole, characterized the the RF, in its Statement No. 1-3 dated amendments to the Constitution of the March 16, 2020, substantiated the RF in a negative way (Morshchakova, possibility of "resetting" the presidential 2020). term of the President of Russia The leading Russian (Zaklyuchenie Konstitutsionnogo Suda constitutionalist, Director of the Institute Rossiiskoi Federatsii No. 1-Z, 2020). of Legislation and Comparative Law A different opinion was under the Government of the RF T.Ya. expressed by a prominent Khabrieva positively assessed the draft constitutionalist of Russia, Doctor of amendments to the Constitution of the Law I.A. Umnova, according to which RF, arguing that they would strengthen
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783 state power and ensure social stability Western Europe or the United States and and justice (Khabrieva, 2020). other foreign countries for studying the The Russian parliamentarian transformation of the political regime of and Doctor of Law A.A. Klishas noted Russia, as well as Russia's relations with that "in a short time we will see real the international community, taking into changes in the situation to improve the account the strengthening of its well-being of citizens with low incomes" sovereignty. (Mislivskaya, 2020). According to the professor of In Western Europe, the 2020 law at the University of Hamburg Otto amendments to the Russian Constitution Luchterhandt (Germany), MEP from the were covered by the BBC. The BBC Green Party Sergey Lagodinsky, a article dated March 3, 2020 "Russia's political scientist of the German Science Putin wants traditional marriage and God and Politics Foundation Fabian in the constitution" (Rosenberg, 2020) Burckhardt, in the foreseeable future, rightly notes that the current Constitution due to the 2020 amendments to the dates back to 1993 when the then Russian Constitution, the question of Russian President Boris Yeltsin adopted how Russia will overcome decisions of Western democracy and capitalism. In international jurisdictional bodies (the defense of historical truth, V. Putin International Commercial Arbitration, proposed an amendment "on historical the European Court of Human Rights) truth" to the Constitution to protect "the could arise, which would create great achievements of the people in problems in the international arena defending the Motherland". (Goldenzweig, 2020). At the same time, the BBC Thus, the 2020 amendments to believes that the purpose of the the Russian Constitution are being amendments is to extend the term of discussed among lawyers, political office of the President of Russia after scientists, politicians, and economists in 2024 (Rosenberg, 2020). We believe that Russia and Western Europe. this assessment of the BBC is politicized. We believe that the study of We believe that the study of amendments to the Constitution of amendments to the Constitution of the Russia may be interesting for scholars RF may be interesting for scholars in from Western Europe in terms of
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784 changes in Russia's relationship with sovereign, democratic and welfare state foreign states and Russias claims to in Russia) are approved by the citizens of strengthen its sovereignty in the world. Russia. At the same time, the issue of Conclusion implementing the 2020 amendments to In conclusion, we would like to the Russian Constitution in practice note that the constitutional reform of remains largely open, since they still 2020 in the RF is fundamentally aimed at need to be approved by the people of changing the procedure for the formation Russia and executed by the state. The of government bodies (the procedure for statement of P.N. Krasheninnikov on the empowering federal ministers, heads of implementation of the block of the 2002 federal executive bodies, senior officials amendments to the Constitution of the of judges, prosecutors is changing), the RF regarding the social rights (Zelensky, constitutional consolidation of the legal 2020) deserves attention but requires succession of Russia concerning the additional research. USSR, expanding the citizens' social We believe that the analysis of rights (fixing the indexation of pensions, the constitutional reform in Russia in welfare benefits, fixing the minimum 2020 will continue in Russia, the wage at the level of the minimum countries of Western Europe, and the subsistence rate). United States and that it will be All this allows stating and associated with assessments of the proving that an ideology of a sovereign implementation of certain provisions of democratic and welfare state is about to the amendments to the Constitution of form at the constitutional level in Russia. the RF. The sociological polls presented in the article show that Russian References: citizens generally approve of the 2020 amendments to the Russian Constitution. Avakyan, S.A. (2020). Proekt zakonov o This proves the hypothesis that the popravkakh k Konstitutsii Rossiiskoi constitutional values presented in the Federatsii: gryadet raund chetvertyi? 2020 amendments to the Constitution of [Draft laws on amendments to the the RF (the approval of the ideology of a Constitution of the Russian Federation:
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785 round four coming?]. Konstitutsionnoe i to the Constitution will improve the munitsipalnoe parvo, 1, 31-45. welfare of citizens]// The official site of Rossiyskaya gazeta. Retrieved from: Avakyan, S.A. (2010). Konstitutsionnoe https://rg.ru/2020/01/28/klishas- pravo Rossii [Constitutional law of popravki-v-konstituciiu-povysiat- Russia]. Moscow: izd-vo "Yurist". blagosostoianie-grazhdan.html
Baburin, S.N. (2020). O dukhovnosti Komarova, V.V. (2019). Konstitutsiya tselei i sotsialnosti zadach rossiiskoi strany – tsennost gosudarstva i konstitutsionnoi reformy [On the obshchestva [The Constitution of the spirituality of the goals and sociality of country as the value of the state and the tasks of the Russian constitutional society]. Vestnik Sibirskogo reform]. Konstitutsionnoe i yuridicheskogo instituta MVD Rossii, munitsipalnoe parvo, 4, 3-9. 1(34), 62-66.
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786 http://doc.ksrf.ru/decision/KSRFDecisio Fedorenko, V. (2020). Krasheninnikov n442846.pdf explained the absence of an amendment on foreign real estate. The official site of Morshchakova, T.G. (2020). "O Ria-Novosti. Retrieved from: dialektike konstitutsionnogo protsessa i https://ria.ru/20200306/1568242816.ht konstitutsionnykh izmenenii" [On the ml dialectics of the constitutional process and constitutional changes]. The official Mukhametshina, E. (2018). Chislo site of Novaya Gazeta. Retrieved from: sozhaleyushhih o respade SSSR dostiglo https://novayagazeta.ru/articles/2020/03 maksimuma za desyatiletie [The /06/84197-tekst-i-realnost Number of People Regretting the Collapse of The USSR Was the Jellinek, G. (2004). Obshchee uchenie o Maximum in A Decade]. The official site gosudarstve [Allgemeine Staatslehre]. of Levada center. Retrieved from: St. Petersburg: Yurid. tsentr Press. https://www.levada.ru/2018/12/19/chisl o-sozhaleyushhih-o-raspade-sssr- Obrashchenie deyatelei kultury, nauki, dostiglo-maksimuma-za-desyatiletie/ literatury: "Ne dopustit konstitutsionnyi krizis i antikonstitutsionnyi perevorot" Popravki k Konstitutsii: znachenie i [An appeal of academic, culture and otnoshenie [Constitutional amendments: literature professionals: Let us prevent a meaning and attitude]. (2020). The constitutional crisis and an anti- official site of VTsIOIM. Retrieved constitutional coup]. (2020). The official from: site of Ekho Moskvy. Retrieved from: https://wciom.ru/index.php?id=236&uid https://echo.msk.ru/blog/echomsk/2606 =10146 224-echo/ Rosenberg, S. (2020). Russia's Putin Ehrlich, E. (2011). Osnovopolozhenie wants traditional marriage and God in sotsiologii prava [ Grundlegung der constitution. The official site of the BBC. Soziologie des Rechts]. St. Petersburg: Retrieved from: OOO "Univer. izdat. konsortsium". https://www.bbc.com/news/world- europe-51719764
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787 Zelensky, S. (2020). Chast popravok k Bill No. 885214-7. (n.d.). The system for Konstitutsii Rossii uzhe realizovana – P. ensuring legislative activity on the Krasheninnikov [A part of the Internet. Retrieved from: amendments to the Constitution of https://sozd.duma.gov.ru/bill/885214-7 Russia has already been implemented — P. Krasheninnikov]. The official site of Goldenzweig, K. (2020). Putin menyaet the 5th channel. Retrieved from: Konstitutsiyu. Kak reagiruet Zapad? https://www.5-tv.ru/news/298292/cast- [Putin is changing the Constitution. How popravok-vkonstituciu-uze-realizovana- does the West react?]. Russian krasennikov/ International TV online. Retrieved from: https://rtvi.com/stories/putin-menyaet- konstitutsiyu-kak-reagiruet-zapad/
Umnova, I.A. (2020). Chto ozhidat nam ot popravok v Konstitutsiyu Rossiiskoi Federatsii? [What shall we expect from the amendments to the Constitution of the Russian Federation?]. Retrieved from: http://doroga-mira.ru/
Khabrieva, T.Ya. (2020). Popravki v Konstitutsiyu ukrepyat stabilnost vlasti [The amendments to the Constitution will strengthen the stability of the authorities]. The official site of Rossiyskaya gazeta. Retrieved from: https://rg.ru/2020/01/30/taliia-habrieva- popravki-v-konstituciiu-ukrepiat- stabilnost-vlasti.html