The dissertation is devoted to the research of the peculiarities of reception as
a constitutional and legal phenomenon and process. The author of the dissertation
analyzes the main doctrinal approaches to understanding the etymology and
semantics of the term «reception», distinguishes it from related and related
legal categories, proposes the definition of «reception in constitutional law
(constitutional legal reception)» – a constitutional legal phenomenon and process
interstate political and legal cooperation, which is cross-temporal in nature
and consists in the possibility or necessity of perception, implementation and
assimilation of foreign constitutional and legal material or international law by the
national system of constitutional law in order to modernize and develop it.
The concept and structure of the mechanism of reception in the constitutional
law are defined, the structure of the mechanism of reception taking into account
specificity of the constitutional law as fundamental and priority branch of national
law is investigated. Its basic elements (objects, subjects, forms and methods)
and blocks are analyzed: doctrinal-legal (theoretical-legal); regulatory and legal;
cultural and legal (ideological); institutional and legal; organizational and legal;
economic and legal.
An in-depth classification of reception in constitutional law was carried out
according to the following criteria: by the number of subjects; according to the
degree of volitional influence of the subjects; by methods of perception and
implementation; by legal consequences; by the degree of activity of the subjects;
by the degree of intensity of constitutional and legal modernization; according to
the degree of organization of the process; by the form of perception; by territory;
by objects of constitutional and legal reception.
The praxeological problems of constitutional and legal reception in the process
of European integration and constitutional and legal modernization, in particular
in the field of human rights, organization and exercise of public power, are studied.
The peculiarities of the influence of reception on the development of
constitutional law in the conditions of globalization and realization of the concept of
transnational constitutionalism are analyzed. It emphasizes the need to modernize
the constitutional dimension of the functioning of a modern democratic state in the
context of solving the global problems of mankind through the establishment of a
transnational (and in the long run - global) constitutional order.
Emphasis is placed on the fact that constitutional and legal innovations are
due to the development of science and technology, including genetic engineering and genomic medicine, nanotechnology, biomedical technologies (cyborgization,
bioprinting), artificial intelligence (including robotics, etc.). Under the influence
of these factors, an updated system of constitutional human rights to surrogacy,
artificial insemination, gender identity (gender reassignment), cloning, organ
transplantation, insolation, etc. appears.
It is proved that in parallel with the reception of constructive constitutional
innovations, destructive innovations related to abuse of law can penetrate the
legal system, which become a destabilizing factor of constitutional and legal
modernization and can contribute to human rights violations, and even pose a
threat to sovereignty and national state security in information, environmental,
economic, biological, etc. spheres of life.
It is emphasized that the destructive consequences of the constitutionallegal
reception can be: disharmony, constitutional-legal mutation, constitutional
complication, constitutional deculturation and finally deformation of the
constitutional legal consciousness and constitutional annihilation.
