REVIEW OF THE MONOGRAPH BY SERGEY N. BABURIN “THE INTEGRATION CONSTITUTIONALISM” (Moscow, 2020)

The article assesses the monograph by Sergey Baburin. The monograph is devoted to formation in the process of international integration supranational law, taking into account peculiarities of the synthesis of international and constitutional law. This problem is one of the most actual in the context of the constitutional reform in the Russian Federation. Taking into account certain discussion points, it is necessary to come to a conclusion about the high relevance of Sergey Baburin’s scientific research. The monograph is based on serious analysis of the legal, sociological, historical and teleological features of integration processes and their root causes. Such research fully meets the requirements of modern legal scientific thought.

In the light of finding and identifying fundamental to the actual Russian Constitution's ideas in the context of the processes of globalization, creating international alliances, multinational corporations, increasing the relevance of scientific research in the field of new manifestations of forms of government and legal categories that can reflect the legal status of modern States.
One of these categories is integrational constitutionalism, which is characterized by a civilizational character, manifested in the following.
The birth and development of national constitutions inevitably reflects the cultural and historical characteristics of States and peoples. Legal constitutions are the most important milestones in the development of the constitutionalism of a particular state, fix constitutional and legal traditions and constitutional conflicts that are overcome by the state and society.
Weak consideration of the spiritual, moral, cultural and historical characteristics of peoples in constitutional construction inevitably leads to fictitious constitutions, loss of legitimacy of power and lack of civil unity in society. The problem of fictitious constitutions remains relevant in the XXI century, as well as the lack of civil unity in society.
The reliance in constitutional construction on the spiritual, moral and cultural-historical features of the people (nation) gives constitutionalism a civilizational fundamental character and power.
In this context it should be noted that one of the aspects of the constitutional reform 2020 in the Russian Federation is enshrined in the basic law, the constitutional law on the unification of the Russian Federation a thousand years of history, preserving the memory of ancestors who have conveyed the ideals and faith in God, and also the continuity in the development of the Russian state, the recognition of the historically established state unity. Also as a cultural and historical basis were made to the rules on honoring the memory of defenders of the Fatherland, protecting the historical truth and non-belittling the value of the feat of the people in the defense of the Fatherland.
As a reference point for Russian constitutionalism, the constitution of the Russian federation introduced norms on the role of the Russian language as the language of the state-forming people, which is part of the multinational union of equal peoples of the Russian federation, as well as constitutional and legal norms on the unique cultural heritage of the multinational people.
Only civilizational constitutionalism can be a real basis for interstate integration, which the author convincingly shows in his research, analyzing the Slavic-Turkic civilizational union and the model of Eurasian integration, as well as European interstate integration.
Taking into account the evidence and scientific hypotheses presented in the study, we believe that the author managed to prove the thesis that integration constitutionalism in the modern world always has a civilizational character, uniting only states with a common civilizational (spiritual, moral, cultural and historical) basis in interstate integration.
It is necessary to positively note the author's study of the stages of development of integration processes in the post-soviet space, which take place at two levels: in the format of the Eurasian economic union and through the construction of a union Russian-Belarusian State.
The monographic study also contains the author's vision of the prospects for Eurasian integration, which requires building not on the basis of copying the model of the European Union and standard international relations of a group of neighboring states, but based on the system of spiritual and moral values of all peoples participating in interstate integration. In this connection, the author gives a fair assessment of the constitutional amendments in the form of a new version of Article 79 and a new Article 79.1 of the Constitution of the Russian Federation, noting that these constitutional norms can generally put an end to Russia's participation in interstate integration in the post-Soviet space and generally end interstate integration itself.
The author consistently analyzes the cultural-historical and spiritual-moral aspects of integration processes and comes to the logical conclusion that the most clearly civilizational (cultural-national) features were manifested in the first constitutions of European countries -in Great Britain, France, and Germany. At the same time, oblivion or conscious rejection of the spiritual, moral, cultural and historical features of peoples in constitutional construction inevitably leads to fictitious constitutions, loss of legitimacy of power and lack of civil unity in society. however, in our opinion, this is only one of the reasons that lead to fictitious constitutions.
This approach of the author to integration constitutionalism, based on the civilizational approach, allows us to explain the parallel emergence and successful development in Eurasia of such integration models as the Eurasian Union and the European Union, since they are based on their own cultural and historical experience of peoples and states.
The author draws attention to a wide range of philosophical, religious, political, historical and sociological sources and concepts used by the author in the study of the root causes and the course of development of integration processes. This multi-scientific approach allowed the author to reflect the legal problems of the basis of integration constitutionalism in the modern world in all the nuances of political, social, spiritual and moral discourse, organically integrating it into the current picture of the world.
In this sense, S.N. Baburin undoubtedly managed to reflect constitutionalism precisely as an integration category, taken not in the uniqueness of the normative approach to law, but as a synergetic category that incorporated socio-cultural, political and historical aspects.
We believe that such an approach to the consideration of the problems of integration constitutionalism will enrich the existing ideas about this legal category not only in the context of constitutional law, but also in the theory of state and law.
The study is particularly relevant to the global challenges facing modern states and societies. Some of these global challenges are formulated in the domestic legislation as "big challenges" facing the state and society.
Big challenges create significant risks for society, the economy, and the public administration system, while simultaneously being a catalyst for the emergence of new opportunities and prospects for scientific and technological development. At the same time, science and technology are key tools for responding to these challenges, playing an important role not only in ensuring the sustainable development of civilization, but also in assessing the risks and possible dangers for humanity.
In accordance with the Decree of the President of the Russian Federation dated 01.12.2016 no. 642 "On the strategy of scientific and technological development of the Russian Federation", the most significant challenges from the point of view of scientific and technological development of the Russian federation are: -the exhaustion of opportunities for Russia's economic growth based on extensive exploitation of raw materials, against the background of the formation of the digital Правоприменение 2020. Т. 4, № 4. С. 153-157 ISSN 2658-4050 (Online) economy and the emergence of a limited group of leading countries with new production technologies and focused on the use of renewable resources; -the increase in anthropogenic loads on the environment to the extent that threatens the reproduction of natural resources, and the increase in risks to the life and health of citizens associated with their inefficient use; -a qualitative change in the nature of global and local energy systems, an increase in the importance of the energy supply of the economy and an increase in the volume of energy production and conservation, its transmission and use; -new external threats to national security (including military threats, threats to the loss of the national and cultural identity of Russian citizens) caused by the growth of international competition and conflict, global and regional instability, and the strengthening of their relationship with internal threats to national security.
In this regard, the author's remark is true that the global challenges of our time, especially the growing ecological destabilization of the Earth, require a wellthought-out unification of the efforts of all peoples, giving rise to various types and forms of integration.
As the most effective of them, indeed, the mechanisms of interstate integration can be considered, based on the civilizational community of peoples in dialectical unity and the relationship with the problematic aspects within the interstate integration models themselves. The author did not shy away from considering these aspects of interstate integration, which indicates the comprehensive nature of the study.
Interest judgment of an accomplished author on constitutional reform 2020 in the Russian Federation, which, according to S.N. Baburin, was inevitable from the very beginning of the Constitution of the Russian Federation of 1993 because of its defects provided the deepening of the split in society and a transformation of the interpretation of the constitutional norms from a way of understanding the content and meaning of the provisions in the measure for filling the provisions of the Constitution. In this connection, a new stage in the development of constitutionalism is, in the author's opinion, a very effective step in this direction.
In our opinion, after all, it was rather not a step as a result of progressive movement, but a leap, unpredictable in its legal consequences due to the large number of blank norms introduced and the emergence of constitutional legal norms-goals, guidelines, the content of which, when interpreted or enforced, can be expanded to unpredictable scales at the moment.
The constitution of the Russian federation of 1993 was objectively not devoid of shortcomings, as well as any result of human activity, especially achieved in an environment of the most severe constitutional and legal conflict. However, it is not exclusively allows you to appreciate a constitutional reform, though the swiftness of the changes, the quality of the campaign, the emergence of the Constitution of new contentious and a very peculiar choice of chapters and articles of the Constitution, "residence" in which he received the amendment.
in his research, the author proposes to continue the constitutional reform to a certain extent and to supplement the constitution of the Russian Federation with a new chapter on the union state and the Eurasian Union, as well as to amend the preamble of the constitution.
If in the case of a new Chapter the author refers to the introduction of changes envisaged in Articles 134, 136 of the Constitution of the Russian Federation, in terms of changes in the preamble the author has not Правоприменение 2020. Т. 4, № 4. С. 153-157 ISSN 2542-1514 commented on the order in which it is possible to change the preamble of the Constitution. At the same time, during the constitutional reform, the issue of amending the preamble in terms of the grounds and procedure for such a change was considered. And on these issues, no agreement was reached , in connection with which the amendments to the Constitution bypassed the preamble.

INFORMATION ABOUT AUTHORS
Alexander N. Kostyukov