CONSTITUTION AND LEGITIMATION OF POWER

Abstract

The article deals with the problem of legitimization of power and efficiency of the Constitution, improvement of thesystem of public administration. The history of the creation of the Constitution of 1993 is traced; the model of the ‘dual' legitimationof power is analyzed against the background of modern political and legal realities. The experience shows that the legal fixationof the results of social creativity and new political traditions is possible without interfering with the basic text of the currentconstitution and, accordingly, without creating risks for constitutional stability. Thus, great opportunities remain for improving theelectoral legislation. There are many examples when the electoral legislation was updated without interfering with the text of theconstitution. At the same time, the Basic Law retains an even wider range of possibilities for ‘fine tuning' in accordance with newrealities. The current Constitution of the Russian Federation does not contain legal obstacles to the improvement of the publicadministration system. It is advisable to raise the question of alternatives to the current constitution only when the factsconvincingly indicate the onset of a constitutional crisis. If it is worth talking about alternatives to the 1993 Constitution, then it isnecessary to look not into the past, but into the future. Today it is important to start working on a draft digital constitution. At thesame time, it is necessary to emphasize that this is not about “digitizing” the actual constitutional law, but about a revolutionaryact, which should become the basis and source for legal regulation of the new digital reality and legitimization of the new socialorder that is emerging before our eyes.