Philosophical and methodological foundations of the constitutionalization of Russian law in the context of post-classical jurisprudence

The article demonstrates the cognitive value of the postclassical legal theories underlying the phenomenological and hermeneutic methodology of postmodern philosophy. The ways of overcoming the relativism of postmodernism, which raises the right to the top of the pyramid, based on the foundations of Russian society, forming the context of meaning-making carried out during the constitutionalization of criminal proceedings, are outlined. The article reveals the value component of the methodology of conflict resolution used by the Constitutional Court of the Russian Federation, based on the postclassical jurisprudence. The author argues that it is impossible to resolve these conflicts through traditional legal and dogmatic methods of law enforcement used by ordinary courts. Constitutionalization is presented as a process for the transformation of natural law into a positive law, carried out in two stages: at the first, a certain right is elevated to the rank of a constitutional norm; at the second, this right is deployed in sectoral legislation. It is concluded that the constitutionalization carried out by the Constitutional Court of the Russian Federation is nothing more than a way of resolving normative conflicts, during which the Constitutional Court of the Russian Federation interprets both the provisions of the Constitution of the Russian Federation and the norms of laws, bringing them into a state of mutual non-contradiction.