The Russian Federation as a successor state: constitutional and legal approach

Abstract

Аmendments to the Constitution of the Russian Federation in 2020 on the recognition of the Russian Federation as the successor of the USSR actualized the need to understand the succession of the state. This article analyzes various legal grounds and consequences of the recognition of the succession of the state and the people in relation to property and values passed on from previous generations in connection with historical transformations of public legal entities. There are confirmations that the succession of Russia can extend beyond the status of a state in the international arena. The author proves that the people and the state are the legal successors both in relation to property, including the national heritage as the basis of the life of society, and spiritual and cultural values such as historical monuments and works of art. The study used a formal legal method to analyze the decisions of the French courts on the affiliation of the Russian Federation by the succession of the Cathedral of St. Nicholas in Nice and the decision of the Constitutional Court of the Russian Federation on ensuring the rights of rehabilitated victims of political repression by the state. The historical and legal analysis allowed us to come to the conclusion that it is necessary to refer to historical documents, facts and events when establishing subjects and objects of succession. When proving the succession of the people and the state, public legal regulation and public legal argumentation are mainly used. The article considers other constitutional and legal positions that allow us to prove the continuity of the existence of the people and the state and the connections between the subjects, as well as objects belonging to them.