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The scientific paper focuses on examining the chal-lenges associated with incorporating criminal law norms into the formation of the highest public authorities within the con-stitutional framework. The need to study the problems of constitutionalizing of criminal law regulations in the sphere of formation of the highest public authorities was clarified. The experience of constitutionalizing of criminal law regula-tions in the sphere of formation of the highest public authori-ties of the Russian Federation, the United States of America, France, and Germany was studied. As a result, it became evi-dent that, in developed states, there are deficiencies in incor-porating criminal law regulations into the constitution, partic-ularly regarding the establishment of higher bodies of public authorities. These regulations do not always align with consti-tutional principles and the state‟s philosophy