LIMITS OF CONSTITUTIONAL REGULATION: CONCEPT AND CLASSIFICATION IN MODERN CONDITIONS OF DEVELOPMENT OF THE RUSSIAN STATE Nurmagambetov Rashit Gabitovich
Keywords:
limits of constitutional regulation, sphere of constitutional regulation, public relations, borders, constitutional relations, normAbstract
Classification of the limits of constitutional regulation is important for the science of constitutional law. The relevance of this issue is connected with the elimination of the existing uncertainty in the question of determining their types in the new technological digital environment of regulation of public relations. According to the author, today we can observe the gap between the real legal reality and the digital world, manifested in the unsettled nature of many types of public relations, which appeared as a result of the influence of technology on economic activity, the relationship between suppliers and consumers of goods and services. The scientific article proposes the author's position of filling the theoretical gap in determining the types of limits of constitutional regulation, predicts their definition in the conditions of digitalization of various spheres of state activity. Under the limits of constitutional regulation, the author understands reasonable (justified), strictly defined by the norms of the Constitution of the Russian Federation, the boundaries of state-power interference in various spheres of public relations, which constitute its subject. Analyzing the types of limits of constitutional regulation, predicts that in the near future to the existing types of public relations will be added relations that emerged as a result of human relationships with information technology products and technologies used in them. These are relations in the sphere of use, creation and publication of digital works, application of a form of digital education, interaction of software robots and bots possessing artificial intelligence, etc. it is the protection of these and other constitutional values that will give constitutional regulation a special position, will distinguish it from other regulators, filling the process of constitutional regulation with special content, delimiting the sphere of constitutional from other forms of influence.