ELECTRONIC ADDRESS TO THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AS A MEANS OF SECURING ACCESS TO CONSTITUTIONAL JUSTICE

The article is devoted to the problems of development of legislation which determines the procedure of the constitutional proceedings, the procedural status and terms of participants’ activity in the Russian Federation and in the Republic of Belarus. Constitutional justice is a relatively new Institute in a legal system of Russia and other former Soviet republics. Conditions for its formation in the former Soviet Union have common as well as specific features. The comparison of the place and role of the constitutional court in system of public authorities and the procedural legal regulation of the constitutional justice is of obvious scientific and practical interest now because a clear, systematic regulation is very important for creating the conditions to allow objectively and comprehensively examine and resolve the constitutional conflict. Highlighting the characteristic features of the Federal constitutional law «On the constitutional Court of the Russian Federation» and the Law of the Republic of Belarus «On constitutional proceedings», the author comes to the conclusion about the necessity of development and specifying of the activity of the Constitutional Court of the Russian Federation by improving the using of traditional procedural-legal institutions taking into account the unique status of the highest judicial body of the constitutional control.

Download Full-text

The category of certainty of the Constitutional Court of the Russian Federation’s judgments as a legal standard for the implementation of its decisions by the courts

SHS Web of Conferences ◽

10.1051/shsconf/20185502010 ◽

2018 ◽

Vol 55 ◽

pp. 02010

Author(s):

Dmitry Gvozdetsky

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Direct Action ◽

Practical Importance ◽

Constitutional Court ◽

Main Task ◽

Legal Standard ◽

Legitimate Interests ◽

Constitutional Justice ◽

The Russian Federation

This article analyzes the problems of the category of certainty of the decisions of the Constitutional Court of the Russian Federation in the judicial enforcement practice of courts of general and arbitration jurisdiction. The key role played by the Constitutional Court in ensuring the direct action of the “living” Constitution of the Russian Federation in the work of the courts is substantiated. The certainty and uncertainty of the implementation of the judgments of the Constitutional Court as the paired legal categories in judicial law enforcement practice are analyzed. Their content side is disclosed. It is noted that the failure to comply with the requirements of the category of certainty of the decisions of the Constitutional Court leads to ambiguity, incorrectness, and also complicates the process of their implementation by judicial instances. Taking into account the foregoing, the regulation of relations is not based on the uniform practice of law enforcement that entails a violation of rights and legitimate interests of specific applicants and an indefinite number of persons. It is also explained in the paper that in the judicial law enforcement practice, the main task of constitutional law is the certainty of the text of decisions of the Constitutional Court. Theoretical problems in the sphere of the domestic constitutional justice, which are of theoretical and practical importance for ensuring the unity and consistency of judicial enforcement practice, have been developed. Conclusions referring to the problem under study are drawn and suggestions are made.

Download Full-text

Constitutional Justice in Russia: History and Modern Times

Baikal Research Journal ◽

10.17150/2411-6262.2019.10(1).14 ◽

2019 ◽

Vol 10 (1) ◽

Author(s):

Nikolay Taskayev ◽

Anna Oleynik

Keyword(s):

Russian Federation ◽

System Structure ◽

Constitutional Court ◽

Constitutional Rights ◽

Legal Reforms ◽

Federal Constitutional ◽

Governmental Power ◽

Constitutional Justice ◽

The Russian Federation ◽

The Right

The article examines the process of emergence, formation and development of the constitutional justice institution in Russia. It carries out an analysis of organization and activities of the USSR Constitutional Control Committee, the RSFSR Constitutional Court and the Constitutional Court of the Russian Federation. The authors draw a conclusion of the need of conducting constitutional and legal reforms in Russia, introducing amendments and additions to the Constitution of the Russian Federation. In order to increase efficiency of the constitutional jurisdiction, improving the organization and activity of the Constitutional Court of the Russian Federation, the General Prosecutors Office of the Russian Federation, the Investigation Committee of the Russian Federation, the Executive Office of the Human Rights Commissioner in the Russian Federation, the authors offer proposals of introducing amendments and additions to Articles 104, 125, 129 of the Constitution of the Russian Federation and the Federal Constitutional Law of 21.07.1994 № 1-ФКЗ «On Constitutional Court of the Russian Federation» in terms of authorizing the above-mentioned office-holders with the right of legislative initiative and making inquiries to the Constitutional Court of the Russian Federation. In particular, on issues of constitutionality of the laws, normative legal acts of the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on solvation of disputes in terms of competence between the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on violence of citizens constitutional rights. The authors also offer to expand the Article 129 of the Constitution of the Russian Federation up to a separate chapter of the Constitution in which to establish the place in the system of the governmental power the designation, system, structure, principles of organization and activity, the authorities of the prosecutors office bodies, including in the sphere of constitutional jurisdiction.

Download Full-text

Constitutional justice in the Russian Federation

LAPLAGE EM REVISTA ◽

10.24115/s2446-6220202171750p.396-400 ◽

2021 ◽

Vol 7 (1) ◽

pp. 396-400

Author(s):

Elena Yevgenievna Grishnova ◽

Tatiana Viktorovn Larina ◽

Andrey A. Soloviev ◽

Yuri Viktorovich Stepanenko ◽

Yuriy Nikolaevich Tuganov

Keyword(s):

Russian Federation ◽

Separation Of Powers ◽

Research Problem ◽

Inductive Method ◽

Constitutional Court ◽

Main Research ◽

Systemic Analysis ◽

Legal Nature ◽

Constitutional Justice ◽

The Russian Federation

The article aims at studying the legal nature and essence of constitutional proceedings with due regard to historical experience and modern legislative approaches to the structure and system of constitutional justice in Russia. The main research method was the deductive method which allowed the authors to study the legal nature of the Constitutional Court and its role in the separation of powers in Russia. The article also used the inductive method, the method of systemic analysis, and comparative-legal and historical methods. To solve the research problem, it is necessary to consider the legal foundations and features of constitutional justice based on the amendments made to the Constitution of the Russian Federation on July 1, 2020. The article proves that the legal nature and the main goal of constitutional control remain unresolved issues. According to the authors, the most important condition for the creation of a strong judicial power is its high independence. Judicial errors can also cause distrust in the judiciary.

Download Full-text

Review of a Case on Constitutional Changes of 2020 by the Constitutional Court of the Russian Federation: Substantive and Procedural Peculiarities

STATE POWER AND LOCAL SELF-GOVERNMENT ◽

10.18572/1813-1247-2021-1-34-38 ◽

2021 ◽

Vol 1 ◽

pp. 34-38

Author(s):

Oleg V. Brezhnev ◽

Keyword(s):

Russian Federation ◽

Constitutional Court ◽

Public Authorities ◽

Legal Provisions ◽

History Of ◽

Constitutional Justice ◽

The Russian Federation ◽

Relationship Of ◽

First Time ◽

The Relationship

For the first time in the history of Russian constitutional justice the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authorities” provided for as part of the mechanism for its entry into force a special authority of the Constitutional Court of the Russian Federation related to mandatory checking the new constitutional regulation for compliance provisions of chapters 1, 2 and 9 of the Constitution of the Russian Federation. The article reveals substantive and procedural features of this authority of the Constitutional Court of the Russian Federation, concerning the subject and criteria for checking the legal provisions under consideration, the organizational form of constitutional proceedings used in this case, the legal force of the decision of the Constitutional Court of the Russian Federation, etc. Disclosed the relationship of this regulation and already formulated legal positions of the Constitutional Court of the Russian Federation on certain aspects of the implementation of constitutional justice. In the prognostic plan, the need for more detailed legislative regulation of the procedure for exercising powers associated with mandatory constitutional control is shown.

Download Full-text

Loyalty to a Constitution and the Problem of Harmonizing the Ideas of Constitutionalism and the Fulfillment of International Obligations in the Field of Human Rights

Russian Journal of Legal Studies ◽

10.17816/rjls18364 ◽

2018 ◽

Vol 5 (1) ◽

pp. 167-180

Author(s):

I A Kravets

Keyword(s):

Human Rights ◽

Russian Federation ◽

Constitutional Court ◽

Protection Of Human Rights ◽

International Obligations ◽

Constitutional Justice ◽

The Russian Federation ◽

Theoretical Foundations

The article discusses the theoretical foundations of the concept of fidelity to the Constitution and judicial constitutionalization of the supremacy of the Constitution, the circle understanding of constitutional hermeneutics, the problem of the relation of constitutional justice and supranational jurisdiction, the role of the new authority of the Constitutional Court of the Russian Federation (consideration of cases on the possibility of enforcing the decisions of the intergovernmental body for the protection of human rights and freedoms) in the system for ensuring the rights and freedoms of man and citizen.

Download Full-text

Preliminary Constitutional Review and its Implementation in Russia: Problems of Theories and Applications

Actual Problems of Russian Law ◽

10.17803/1994-1471.2020.119.10.036-043 ◽

2020 ◽

Vol 15 (10) ◽

pp. 36-43

Author(s):

O. V. Brezhnev

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Time Frame ◽

International Agreements ◽

Constitutional Court ◽

Constitutional Amendments ◽

Constitutional Review ◽

Legal Nature ◽

Constitutional Justice ◽

The Russian Federation

The paper is devoted to the problems concerning the legal nature, normative regulation and the procedure for the implementation of the institute of preliminary constitutional review in the Russian Federation. Although the exercise of this type of constitutional control ensurs the prevention of the detected violations, it also carries certain risks associated with the limited time frame of its implementation, impossibility of taking into account interpretation of the contested norm in law enforcement, etc. The author demonstartes permissible forms of the use of preliminary control in the activity of the bodies of constitutional justice in Russia (when checking the constitutionality of international agreements and treaties of the Russian Federation, evaluating constitutional amendments, etc.). The author also investigates the practice of implementing the relevant powers. Particular attention is paid to the analysis of the legal positions of the Constitutional Court of the Russian Federation that stipulate the limits of the implementation of preliminary judicial constitutional review. The paper examines the issue of the powers of constitutional (charter) courts of constituent entities of the Russian Federation in the area under consideration.

Download Full-text

The Letter and the Spirit of the Russian Constitution: 20 Years' Experience of Harmonization in the Light of Constitutional Justice

Journal of Russian Law ◽

10.12737/1141 ◽

2013 ◽

pp. 5-17

Author(s):

Николай Бондарь ◽

Nikolay Bondar

Keyword(s):

Russian Federation ◽

Legal Pluralism ◽

Legal Positivism ◽

Constitutional Court ◽

Constitutional Development ◽

World Outlook ◽

Russian Constitution ◽

Constitutional Justice ◽

The Russian Federation

Based on 20-year-old experience of the constitutional development of Russia and the generalization of practice of the Constitutional Court of the Russian Federation in the article there revealed the interrelation between external, formal-legal and internal, sacred principles of the Constitution of the Russian Federation of 1993 and its spirit. In accordance with the methodology of world outlook and legal pluralism, a combination of legal positivism and natural law in the Constitution, and with regard to the legal and doctrinal nature of decisions of the Constitutional Court of the Russian Federation, there revealed the role of constitutional justice as an institution of social and cultural harmonization of its letter and spirit, the formation of a «live» (court) constitutionalism.

Download Full-text

Public and Individual Interests in Electoral Rights of Russia: Legal Positions of the Constitutional Court of the Russian Federation

Journal of Russian Law ◽

10.12737/20907 ◽

2016 ◽

Vol 4 (8) ◽

pp. 0-0

Author(s):

Андрей Макарцев ◽

Andrey Makartsev

Keyword(s):

Public Relations ◽

Russian Federation ◽

Constitutional Court ◽

Public Interests ◽

Constitutional Justice ◽

The Russian Federation ◽

The One ◽

Definition Of ◽

The Individual ◽

The Given

This article presents the analysis of decisions of the Constitutional Court of the Russian Federation on electoral rights, upon which the hierarchy of the individual and public interests that are realized in electoral relations rests. The author concludes that the balance of interests established by the Constitutional Court of the Russian Federation is not of a permanent nature. The form of expression and the content of coordination of interests of individuals and society can change depending bodies of constitutional justice to definition of a framework of the adjustable public relations. In case of discrepancy of interests of the state, society and individuals expediency of satisfaction and relevance of their implementation can differ depending on the given circumstances. The hierarchy of individual and public interests built by the Constitutional Court of the Russian Federation, on the one hand, is directed to guarantee subjective electoral rights and, on the other hand, to provide stability of the existing political system in Russia, reproduction and functioning of institutes of power. The absence of the official doctrine which would provide that public interests in the electoral relations represent themselves, complicates the mechanism of their realization, and reduces the opportunity given to subjects of legal relationship by the law to use certain social benefits.

Download Full-text

Past and present of the Constitutional Court of the Russian Federation: formation and change of parameters of its constitutional and legal model

Gosudarstvo i pravo ◽

10.31857/s102694520017757-3 ◽

2021 ◽

pp. 35

Author(s):

Vladimir A. Kryazhkov

Keyword(s):

Russian Federation ◽

Constitutional Reform ◽

Constitutional Court ◽

Soviet Power ◽

European Model ◽

Basic Law ◽

Legal Model ◽

Constitutional Justice ◽

The Russian Federation ◽

State Body

The article is devoted to the evolution of the Constitutional Court of the Russian Federation over 30 years. It is shown how pre-revolutionary ideas about a state body capable of protecting the Basic Law were formed, the attitude towards it in the USSR – from complete denial to recognition of the permissibility of its embedding under certain conditions in the system of Soviet power. The approaches related to the establishment and creation of the initial legislative foundations of the Constitutional Court in perestroika Russia, oriented to the European model of constitutional justice, are considered. The prerequisites, content and process of transformation of the key elements of this model in the post-crisis period (1993 - 1994), their subsequent changes (2001 - 2018) and radical renewal as a result of the constitutional reform of 2020 are analyzed.

Download Full-text