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Vladimir Mazaev

Russian Constitutionalism and the Mobilization Trend in the Economy

2022. No. 5. P. 177–197 [issue contents]
In the conditions of aggravation of geopolitical problems, economic sanctions against Russia, the need to use the mobilization economy as a means of enhancing the effectiveness of the current economic model is stated. As a scientific problem, the question of the necessary framework of constitutional and legal support for the regime of the mobilization economy is highlighted. On the basis of an interdisciplinary analysis, the characteristic of the mobilization economy as a political and economic concept is given, in which there are important legal aspects: the expansion of public law regulation of market relations, the reduction of economic rights and freedoms and the extraordinariness in the use of legal means. The regime of the mobilization economy, although it contains significant aspects of political and economic expediency, should be based on the ideas of constitutionalism, the constitutional model of the economy. It is shown that in the global political and economic confrontation between Russia and unfriendly countries, the universal features of constitutionalism should not absorb the national constitutional identity of our state. Constitutional principles in the economy make it possible to more effectively use the potential of law, its supremacy, clarity, reasonableness and certainty of the law in overcoming critical problems on the basis of consolidating the efforts of the state and society. The concept of mobilization constitutionalism is highlighted and its characteristics are given. A number of practical proposals for improving the legislative and institutional framework of mobilization constitutionalism are substantiated. Thus, it is proposed be the author to adopt federal laws on nationalization, expropriation, and economic development plan in the context of global economic challenges; strengthening the expert and analytical role of the Russian Federal Assembly through the formation of the Supreme Economic Council; expanding the powers of the State Council of the Russian Federation in the field of coordination of strategic economic planning.
Citation: Mazaev V.D. (2022) Russian Constitutionalism and the Mobilization Trend in the Economy. Law. Journal of the Higher School of Economics, vol. 15, no. 5, pp. 177–197 (in Russ.) DOI: 10.17323/2072-8166.2022.5.177.197
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