scholarly journals CONSTITUTIONAL LAW COLLISIONS IN THE JUDGMENTS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

2019 ◽  
Vol 5 ◽  
pp. 45-50
Author(s):  
Sergey A. Tatarinov ◽  
2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov

In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of the Constitutional Assembly of the Russian Federation may in future be qualified as having the highest judicial effect. Such acts may abolish or change any provision of the present Constitution. At the same time the universally recognized norms of international law and the laws of the Russian Federation regulating amendments to the Constitution of the Russian Federation as independent juridical acts and sources of constitutional law are inferior as compared with the constitutional legal norms.


2020 ◽  
Author(s):  
Sergey Burynin ◽  
Sergey Valov ◽  
Yuriy Cvetkov ◽  
Aleksandr Savos'kin

In the monograph, based on the achievements of the theory of constitutional law, criminal procedure and administrative law, extensive regulations, decisions of the constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, courts of General jurisdiction and enforcement practices and the results of their research presented the main aspects of organizing and conducting the reception of citizens, consideration of complaints in the investigative agencies of the Investigative Committee of the Russian Federation, Ministry of internal Affairs of Russia and FSB of Russia. It is intended for managers and employees of investigative bodies, and can also be useful to employees and employees of other state and local government bodies that are authorized to receive citizens and consider appeals, as well as specialists in state and municipal management.


2021 ◽  
Vol 1 ◽  
pp. 12-22
Author(s):  
Dzhamilya S. Velieva ◽  
◽  
Mikhail V. Presnyakov ◽  

The article presents an analysis of amendments introduced to the Federal Constitutional Law On the Constitutional Court of the Russian Federation within the framework of the 2020 constitutional reform. The authors review two areas of reformation of operations of the Constitutional Court: the organizational and management aspect and the transformation of powers to carry out constitutional compliance assessment.


2015 ◽  
Vol 3 (5) ◽  
pp. 211-218
Author(s):  
Полина Виноградова ◽  
Polina Vinogradova

In modern conditions, changing approaches to the implementation of international law there is both the need and opportunity. The article considers some issues of the relation of national and international law. The legal position about resolution of conflicts of constitutional and conventional interpretations are based on the decision of the Constitutional Court of the Russian Federation on the so-called request for the applicability of decisions of the European Court of Human Rights. Since 2014 there is a new version of Article 101 of the Federal Constitutional Law on the Constitutional Court, which establishes opportunity to apply to the Constitutional Court against the decision of the ECHR. This provision contains an important mechanism for harmonization the constitutional and conventional interpretation.


2020 ◽  
Vol 22 (1) ◽  
pp. 33-42
Author(s):  
IGOR N. BARTSITS ◽  

The article is devoted to revealing the specifics of the implementation of such areas of constitutional law as the constitutionalization of international law and the internationalization of constitutional law by the example of additions to Article 79 of the Constitution of the Russian Federation, as well as the practices of the Italian Constitutional Court, the Federal Constitutional Court of Germany, etc. The author examined in sufficient detail the procedures for extending the effect of international law and international treaties of Russia to the national legal system, analyzed the concept of counter-limits in European and national judicial practice, presented the basic principles of interaction between European and national courts (the principle of subsidiarity, the principle of proportionality, the principle of ‘sincere cooperation’, method of ‘dialogue of judges’). There is a need for an updated understanding of the term ‘constitutional sovereignty of the state’, which is based on domestic norms on fundamental rights and norms on the foundations of the constitutional system, which presupposes the inadmissibility of any foreign or international influence that violates the requirement of priority of the norms and principles of the national Constitution in the national legal system. The article substantiates the expediency of using the doctrine of counter-limits in the Russian Federation as an instrument of constitutional self-defense, ensuring constitutional sovereignty and preserving constitutional identity.


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