Конституционно-правовое правопреемство в соотношении с «родственными» категориями: анализ доктрины, законодательства и правоприменительной практики

Abstract

The article considers the problem of understanding the legal nature of succession in constitutional law. The aim of the study is to examine the relationship between constitutional and legal succession and other categories that demonstrate the development of the state, namely, legal heritage, legal experience, legal reality, continuity and reception. Such a relationship is carried out according to the functional purpose of the listed categories. Among the objectives are: determining the content of succession in law; legal heritage; legal experience; legal reality; continuity; reception. The following scientific research methods are used: formal-legal; historical; comparative-legal. It is concluded that: 1) legal heritage can serve as the basis (object) of succession; 2) legal experience shows which legal phenomena can become the object of succession, and which are excluded from it; 3) legal reality is the factual circumstances of the present, which testify to the existence and maintenance of succession. 4) Continuity, like state succession, is a realization of succession in public international law (an external form of legal succession), while constitutional legal succession is realized exclusively in national law (an internal form of legal succession); 5) reception of law is the opposite of succession and can replace it when institutions of foreign law are realized in domestic law.