It is considered that the concept of ‘public policy’, as defined in the Arbitration Procedural Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation, is presented as an example of the constitutionalisation of a branch norm. Despite the argument for the inclusion of fundamental principles in the Constitution of the Russian Federation, it remains challenging to identify examples of such fundamental principles of the Russian legal framework. To determine the fundamental principles, various scientific theories have been studied, including the axiological theory, which is associated with a certain hierarchy of constitutional norms, which, for example, depend on their social significance (for example, the value of rights and freedoms of citizens or the importance of a federal state). In a different approach, the unity of constitutional norms is recognized and it considers fundamental legal principles as in the whole constitution or a majority of constitutional provisions. The paper proceeds to analyze the strengths and weaknesses of the axiological theory. The search for an applicable methodology for determining fundamental legal principles (and consequently the content of ‘public policy’) depends on the selected approach to defining such factors as ‘constitutional identity’ and the socio-economic structure of society. The author also asserts the importance of studying the content of the concept of fundamental legal principles’ in the field of Russian law.
Alexander А. Lyamport (Mon,) studied this question.