Socialist Tradition in Constitutional Rights Adjudication in Russia: Back to the Future?

Constitutional adjudication in Russia knew different models of balancing between fundamental freedoms and public aims. It evolved from liberal approach in early 1990th to conservative model in modern case-law. Constitutional rights adjudication is characterized now by overestimation of weight of public interests. In this regard the author argues on survival of Socialist legal tradition in Russia. Moreover, the concept of constitutional rights initially had an ambivalence. This can be explained by the transition period from soviet system. Taking into account the spread of collectivist ideas in the society, the drafters of the constitutional text in 1993 tried to reconcile the liberal and illiberal concept of constitutional rights. Now the urgent question is whether the liberal concept of rights has the future? Russian experience could be interesting due to the general expansion of populism and the erosion the democratic rules during the COVID pandemic.