Understanding constitutionalism and the peculiarities of its soviet model in theoretical jurisprudence

Purpose of the study. The article argues that Soviet constitutionalism, after the two revolutions that took place, became an instrument in the hands of the Bolsheviks, thanks to which they were able to legitimize their power. If the concept of "constitutionalism" in Russian jurisprudence causes fierce controversy, then its Soviet version is an even more complex concept. For these purposes, different approaches were classified according to two criteria: cultural-ideological and political-systemic. Conclusions. As a result of the study, it has been established that the cultural and ideological dimension of constitutionalism is directly related to the history of political and legal doctrines, since constitutionalism in this understanding is considered as a political and legal doctrine based on the cultural traditions of a particular country. In this case, constitutionalism will directly depend on legal and political culture, and can be both Marxist and neoliberal. It is precisely the concept of “culture” that allows us to avoid the widespread Eurocentrism when defining the concept of “constitutionalism”. The fact is that Soviet constitutionalism, based on the ideology of Marxism-Leninism, had completely different features than Western European constitutionalism. It was revealed that the political and systemic dimension of constitutionalism allows us to look at the Soviet state from the standpoint of the theory of political regimes and describe the features of the functioning and interaction of government bodies. Soviet constitutionalism had specific parameters, which was reflected in the structure of public authorities, their functions, ways of interaction between the authorities and the population. It is worth saying that socialist constitutionalism is closest to the concept of "statehood", which reflects the qualitative state of Soviet society and the state, the specifics of its functioning. A key feature of Soviet constitutionalism was the primary influence of the ideology of Marxism-Leninism on all elements of the constitutional legal order.

constitutionalism, Soviet constitutionalism, Soviet state, ideology, political culture, political culture, socialism, Lenin, Marxism-Leninism, revolution