The results of the activities of the Constitutional Court of the Russian Federation are enshrined in its decisions (ch. VIII "Decisions of the Constitutional Court of the Russian Federation", Art. 71-83 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation").
In accordance with Art. The 71 Constitutional Court of the Russian Federation may adopt three types of decisions:
1) decree;
2) definition;
3) Conclusion.
The decision is the final decision of the Constitutional Court of the Russian Federation on the issues listed in Part 1 of Art. 3 of the Law: 1 (permission for compliance with the Constitution of the Russian Federation), paragraph 2 (resolution of disputes on competence), paragraph 3 (on complaints of violations of the constitutional rights and freedoms of citizens and at the requests of ships and paragraph 4 (interpretation of the Constitution of the Russian Federation ). It is made by the name of Russia.
The conclusion is the final decision of the Constitutional Court of the Russian Federation in the essence of a request for compliance with the established procedure for nomination against the President of the Russian Federation in the commission of state treason or other grave crime.
All other decisions of the Constitutional Court of the Russian Federation are called definitions.
Decisions of the Constitutional Court of the Russian Federation should be based on the materials studied by the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation decides on the case, evaluating both the literal meaning of the act under consideration and the meaning attached to it by the official and other interpretation or established law enforcement practice, as well as on the basis of its place in the system of legal acts.
The Constitutional Court of the Russian Federation takes decrees and conclusions only on the subject specified in circulation, and only in relation to the part of the act or competence of that organ, the constitutionality of which is questioned.
When deciding, the Constitutional Court of the Russian Federation is not related to the grounds and arguments set forth in circulation. The decisions and conclusion of the Constitutional Court of the Russian Federation are set out in the form of separate documents with the obligatory indication of the motives for their adoption. The definitions of the Constitutional Court of the Russian Federation are announced in the meeting and are recorded in the Protocol.
In solving the Constitutional Court of the Russian Federation, set out in the form of a separate document, depending on the nature of the question under consideration, the following information is contained:
The name of the decision, the date and place of its adoption;
Personal composition of the Constitutional Court of the Russian Federation, who decided;
Necessary data on the parties;
The wording of the question under consideration, reasons and grounds for its consideration;
The norms of the Constitution of the Russian Federation and other law, according to which the Constitutional Court of the Russian Federation has the right to consider this issue;
Requirements contained in circulation;
Actual and other circumstances established by the Constitutional Court of the Russian Federation;
The norms of the Constitution of the Russian Federation and the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", which were guided by the Constitutional Court of the Russian Federation when deciding;
Arguments in favor of the decision taken by the Constitutional Court of the Russian Federation, and if necessary, the arguments, refuting the statements of the Parties;
Solution formulation;
Indication of the final and obligation of the decision;
The procedure for entering into legal force, as well as the procedure, deadlines and features of its execution and publication.
The final decision of the Constitutional Court of the Russian Federation is signed by all the judges who participated in the voting.
The judge of the Constitutional Court of the Russian Federation, without consistent with the decision of the Constitutional Court of the Russian Federation, is entitled to state his special opinion in writing. The judge's special opinion is attached to the case file and shall be published together with the decision of the Constitutional Court of the Russian Federation.
The judge of the Constitutional Court of the Russian Federation, who voted for the adopted decree or conclusion in the merits considered by the Constitutional Court of the Russian Federation, but remaining in the minority when voting on any other issue or on motivation received, entitled writing in writing about disagreement with most judges. In this case, the written disagreement of the judge also comes to the case file and shall be published in the journal "Bulletin of the Constitutional Court of the Russian Federation".
The decision of the Constitutional Court of the Russian Federation is proclaimed in the full meeting of the Constitutional Court of the Russian Federation immediately after its signing. Decisions and conclusion of the Constitutional Court of the Russian Federation no later than a two-week period from the date of their signing are sent to the judges of the Constitutional Court of the Russian Federation, Parties, President of the Russian Federation, the Federation Council and the State Duma of the Federal Council of the Russian Federation, the Government of the Russian Federation authorized by the Human Rights in the Russian Federation, the Supreme Court of the Russian Federation, The Higher Arbitration Court of the Russian Federation, the Prosecutor General of the Russian Federation, the Minister of Justice of the Russian Federation. The decisions of the Constitutional Court of the Russian Federation can also be sent to other government agencies and organizations, public associations, officials and citizens.
Decisions and concluding of the Constitutional Court of the Russian Federation are subject to immediate publication in official publications state power Russia, subjects of the Federation, which concern the decision. The decisions of the Constitutional Court of the Russian Federation are also published in the journal "Festnik Constitutional Court of the Russian Federation", and if necessary, in other publications.
The decision of the Constitutional Court of the Russian Federation is finally not subject to appeal and enters into legal force immediately after its proclamation. The decision of the Constitutional Court of the Russian Federation acts directly and does not require confirmation by other bodies and officials. The legal force of the decision of the Constitutional Court of the Russian Federation on the recognition of an act of unconstitutional cannot be overcome by re-adopting the same act. Acts or their individual provisions recognized as unconstitutional are loss of legal force; Independent international treaties of Russia, recognized by inappropriate Constitution of the Russian Federation, are not to be enhanced and use.
Decisions of vessels and other bodies based on acts recognized as unconstitutional are not subject to execution and should be revised in cases established by federal law. If the recognition of the normative act of unconstitutional created a gap in the legal regulation, the Constitution of the Russian Federation is directly applied. The decision of the Constitutional Court of the Russian Federation is subject to execution immediately after the publication or the presentation of its official text, unless otherwise specifically stipulated in it.
More often than other Constitutional Court of the Russian Federation decisions are made in the form of a resolution. This is due to the process of forming a new - sovereign - system of law in Russia. As is known, the reference point of this process is considered to be 1991. The process of forming a system of law inevitably entails the emergence of laws and other regulatory legal acts, in different ways regulating the same name of social relations. Basedly, in connection with this, the term "collisional law" began to be actively used, the meaning of which is reduced to resolving contradictions between regulatory legal acts intended to regulate the same name public relations.
The Constitutional Court of the Russian Federation, solving the contradictions that arise between regulatory legal acts, in fact in many cases creates new rules of law, i.e. Manifestation. From a formal point of view, it is unacceptable, since only the Federal Assembly of the Russian Federation (Article 94 of the Constitution of the Russian Federation) is the law-speaking authority in Russia. In addition to the Constitutional Court of the Russian Federation, the Constitutional Court of the Russian Federation is the only body of the state capable of repaying the inevitable splash of contradictions in legislation and thus maintain parity for the three branches of government - legislative, executive and judicial.
T.V. Solovyov, Candidate legal Sciences, Associate Professor, Department civil process Saratovskaya state Academy The rights are considered properties of acts of the Constitutional Court of the Russian Federation on the example of decisions aimed at resolving issues arising from the administration of justice in civil cases.
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(For example civilian proceedings)
Pages in the journal: 92-95
T.V. Solovyov,
candidate of Law, Associate Professor Department of Civil Procedure of the Saratov State Academy of Law
The properties of acts of the Constitutional Court of the Russian Federation are considered on the example of decrees aimed at resolving issues arising from the administration of justice for civil cases.
Keywords: Constitutional Court of the Russian Federation, decree, property, commitment, execution, civil proceedings.
Properties of Acts of the Constitutional Court of the Russian Federation
(On An Example Of Civil Legal Proceedings)
In The Article The Author Considients Properties of The Decisions Directed On Settlement, Arising At Justice Departure on Civil Cases.
Keywords: The Constitutional Court, The Decision, Property, Compulsion, Feasibility, Civil Legal Proceedings.
Constitutional Court of the Russian Federation through the making of its decisions addressed to the courts general jurisdiction, ensures the protection of the foundations of the constitutional system, basic rights and freedoms of citizens, the rule of the Constitution of the Russian Federation. The value of the RF CC resolutions in the field of civil procedural legislation is difficult to overestimate, since the COP of the Russian Federation finally permits all the controversial issues of the interpretation of the Constitution of the Russian Federation and compliance with it by the norms of the Code of Civil Procedure of the Russian Federation and other regulatory legal acts applied by the courts during the consideration and resolution of civil cases.
Menting on the Special Status of the CS RF, it is necessary to indicate that all of its acts have a property of societulence. At the same time, in the Federal Constitutional Law of July 21, 1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation" (hereinafter - the Law on the Court of the Russian Federation) there is no indication that the rulings of the CS of the Russian Federation are subject to timely execution. This is due to the special nature of these regulations.
According to N.S. Bondar, a specific form of impact of constitutional judicial justification to the law-conducting process is the formulation of the CS of the Russian Federation following the consideration of certain cases of recommendations to the legislator, which, although they do not directly bind values \u200b\u200bfor rulemaking organs, orient them on the consistent and systematic implementation of constitutional principles and norms in current legislation.
Decisions of the CS RF are universal in nature and concern all similar cases of judicial practice. They are not subject to appeal, act directly, do not require confirmation from any bodies or officials.
In November 1996, at the scientific and practical conference "Judicial constitutional control in Russia: lessons, problems and prospects" Chairman of the CS of the Russian Federation V.A. The fogs in their report, in particular, noted that the lower court is obliged to follow the decisions of the higher in the consideration of similar cases.
The versatility and societulence of the resolutions of the CS RF is such qualitative definitions that the regulatory nature of the relevant decisions of the CS of the Russian Federation are characterized.
In the law on the CS of the Russian Federation there is no fixed list of signs of acts of the CS RF. Legislative definition It received only the property of obligation (Art. 6 of the Law on the CS RF).
The obligatory decisions of the CS RF indicates the operative part of the acts of constitutional justice. So, in paragraph 2 of the operative part of the decision of the COP of the Russian Federation of 26.02.2010 No. 4-P "In the case of the verification of the constitutionality of part of the second article 392 of the Civil Procedure Code of the Russian Federation in connection with the complaints of citizens A.A. Doroshka, A.E. Cat and E.Yu. Fedotova "It is indicated that the revealed constitutional and legal meaning of Part 2 of Art. 392 Code of Civil Procedure of the Russian Federation is generally obligatory and excludes any other interpretation in law enforcement practice. Consequently, the concept of Art. 392 Code of Civil Procedure of the Russian Federation is unconditional for the courts of general jurisdiction in the initiation of civil proceedings on newly discovered circumstances, in addition, this value Articles are immutable and for interested personslooking for the protection of their rights and legitimate interests in a court. Obligation is determined by an unlimited sphere of action against an indefinite range of subjects, whether the courts, citizens or government bodies.
After analyzing certain legal norms and information contained in the RF rulings, a number of specific properties of these acts can be distinguished.
COP of the Russian Federation in his decision of 06/16/1998 No. 19-P "In the case of the interpretation of certain provisions of Articles 125, 126 and 127 of the Constitution of the Russian Federation" stated that only the CS of the Russian Federation makes official decisions that are generally obligatory, while the court's conclusions General jurisdiction and arbitration courts do not have such a legal force.
From this resolution, this property of the CC Act of the Russian Federation can be distinguished as indisputability (irrefougable), since decisions are not subject to revision. In confirmation of the existence of this feature, we give an example: in the operative part of the definition of the COP of the Russian Federation of 13.06.2006 No. 272-O "According to complaints of the citizens of Evdokimov Denis Viktorovich, Miroshnikov Maxim Eduardovich and Rezanov Artem Sergeevich to violate their constitutional rights of Article 333.36 of the Tax Code of the Russian Federation and Articles 89 of the Civil Procedure Code of the Russian Federation "(hereinafter referred to as Definition No. 272-O) states that the definition of the CS of the Russian Federation according to these complaints is finally not subject to appeal.
Next, it is worth noting this property of acts of the CS RF, as direct actionThis implies that these acts have a direct action for the law enforcement, i.e. the court of general jurisdiction when making a decision on a specific case should directly apply the act of the Russian Federation. In the operative part of definition No. 272, it is indicated that regulationscontained in art. 333.36 of the Tax Code of the Russian Federation in relationship with paragraph 2 of Art. 333.20 of the Tax Code of the Russian Federation and in Art. 89 Code of Civil Procedure of the Russian Federation, not allowing the courts of general jurisdiction and global judges to accept individuals Decisions on exemption from payment state dutyif a different decrease in the amount of state duty, providing a delay (installments) of its payment does not provide unhindered access to justice, by virtue of legal positions expressed by the CS of the Russian Federation in the decrees of 03.05.1995 No. 4-P "in the case of verification of the constitutionality of articles 220.1 and 220.2 The Criminal Procedure Code of the RSFSR in connection with the complaint of a citizen V.A. Avetyan "; dated 04.04.1996 No. 9-P "In the case of the verification of the constitutionality of a number of regulatory acts of the city of Moscow and the Moscow region, the Stavropol Territory, the Voronezh region and the city of Voronezh, regulating the procedure for the registration of citizens arriving on permanent residence in the named regions "; From 12.03.2001 No. 4-P "In the case of the verification of the constitutionality of a number of provisions of the Federal Law" On Insolvency (Bankruptcy) "concerning the possibility of appealing the definitions endowed by the Arbitration Court on bankrupt cases, other provisions, Articles 49 of the Federal Law" On insolvency (bankruptcy) credit organizations", As well as articles 106, 160, 179 and 191 of the Arbitration Procedure Code of the Russian Federation in connection with the request of the Arbitration Court Chelyabinsk region, complaints of citizens and legal entities"; Definition of 12.05.2005 No. 244-O "According to the complaint of citizens of vortex love Alexandrovna, Kareva Catherine Ivanovna and Maslova Valentina Nikolaevna for violation of their constitutional rights, paragraph 1 of the first article 134, articles 220 and 253 of the Civil Procedure Code of the Russian Federation" and Definition No. 272 - But, as not to those who do not meet articles 19 and 46 of the Constitution of the Russian Federation, they lose force and cannot be applied by ships, other bodies and officials. In other words, to implement this definition, it does not require confirmation by its other regulatory acts or government agencies.
As the property of acts of constitutional justice, self-sufficiency can be distinguished, which manifests itself in the fact that a recognized as unconstitutional act is excluded from the legal system by this decision. There is no such an act to the law-minded body specifically to cancel.
Only a part of solutions made by constitutional justice authorities can be defined as self-adopted (self-sufficient):
1) on the constitutionality of the challenged legal acts;
2) on the unconstitutionality of international treaties, since such contracts cannot be ratified;
3) on the constitutionality of the referendum initiative, the legality of its conduct and its results, in the part when the implementation of legally significant actions mediating the referendum or the establishment of its results, at the same time means execution of the decision constitutional Court;
4) On the discrepancy between the Constitution of the Russian Federation, the initiatives of the referendum and negative conclusions on compliance with the procedure for nomination of the presidential charges (and in some foreign countries - And other officials) in committing a grave crime.
An example of a self-sufficient Act of the Court of the Russian Federation in the field of civil procedural legislation is the decision of the COP of the Russian Federation of December 26, 2005 No. 14-P "on the case of the verification of the constitutionality of the individual provisions of Article 260 of the Civil Procedure Code of the Russian Federation in connection with the complaint of a citizen E.G. ODIANKOVA ", in paragraph 1 of the operative part of which it is indicated that the provisions of Art. 260 Code of Civil Procedure of the Russian Federation, providing for the term of consideration by the court submitted during the election campaign of defense statements elective lawIt is necessary to recognize as not relevant to the Constitution of the Russian Federation, its articles 32 and 46 to the extent that these provisions on the meaning of law enforcement practice are hampered by the court after the deadlines established in them to resolve the corresponding case on the essence and serve as the basis for the termination of the proceedings.
According to M.A. Mityukova, self-sufficiency and direct action of decisions of the CS RF is not a guarantee of their execution.
It is also worth highlighting such a sign. judicial actAs an exemporability that implies the ability to act. Of course, all judicial acts must have this property, since it is possible to talk about achieving the true goals of justice, only after the full implementation of the judicial act. In order to be able to execute the CC COP of the Russian Federation, the resolution part should be clearly spelled out the actions that must be implemented for its implementation. For example, in the decision of the COP of the Russian Federation of 05.04.2007 No. 2-P "in the case of the verification of the constitutionality of the provisions of articles 16, 20, 112, 386, 376, 377, 380, 381, 382, \u200b\u200b383, 387, 388 and 389 of the Civil Procedure Code Of the Russian Federation in connection with the request of the Cabinet of Ministers of the Republic of Tatarstan, complaints of open joint-stock companies "Nizhnekamskneftekhim" and "Khakasenergo", as well as complaints of a number of citizens "in paragraph 7 of the operative part indicated:" The constitutional and legal meaning of the provisions of the second part of the second The third and sixth article 381, part of the second article 382, \u200b\u200bpart of the second article 383, articles 387 and 389 of the Civil Procedure Code of the Russian Federation is generally obligatory and excludes any other interpretation in law enforcement practice. " This means that the execution of this part of the decision will be to interpret the specified articles of the Code of Civil Procedure of the Russian Federation in the sense that the CS of the Russian Federation revealed. In paragraph 10 of the operative part of this resolution, it is indicated: "Enforcement decisions on the affairs of open joint-stock companies" Nizhne-Kamaskneftekhim "and" Khakasenergo ", as well as on the affairs of citizens M.-S.A. Abakarova, I.Zh. Gafiyatullina, N.R. Gilmutdinova, E.Yu. Oleinikova, S.V. Ponomareva, S.P. Savelyeva, R.P. Savelyeva, E.A. Sisikova, based on the provisions of the second, third and sixth part of Article 381, part of the second article 382, \u200b\u200bpart of the second article 383, Article 387 and Article 389 of the Civil Procedure Code of the Russian Federation in interpretation, disagreeable with their constitutional and legal meaning, detected by the Constitutional Court of the Russian Federation In this ruling, subject to revision in the prescribed manner, if there are no other obstacles. " The execution of the resolution in this part by the courts of general jurisdiction will be to revise law enforcement decisions on the affairs of open joint-stock companies Nizhnekamskneftekhim and Khakasenergo and other subjects specified in the decision.
According to T.G. Ferriskova, the incorrect interpretation of the provisions of its decisions contained in the Law on the CS of the Russian Federation leads to the fact that judicial practice, including the practice of the Armed Forces of the Russian Federation, does not consider the decisions adopted by the CS of the Russian Federation as compulsory for the courts of general jurisdiction.
It should be agreed that "the legal force of the final decisions of the Constitutional Court of the Russian Federation exceeds the legal force of any law, and, accordingly, is almost equal to the legal strength of the Constitution itself of the Russian Federation, which cannot be applied in the separation from the final decisions of the Constitutional Court relating to the relevant standards, And even more so contrary to these solutions. "
The direct action of the decisions of the CS RF, public relations and legal force, allowing to interpret constitutional norms and disqualify acts of federal and regional legislationAlso indirectly give an assessment of law enforcement practice, give them high authority.
For the absolute and comprehensive execution of acts of the CS of the Russian Federation in the field of civil proceedings, there is a legal force in such acts. It seems that the legal force of the CC Act of the Russian Federation represents the ability to be the basis of the commission of certain legal actions in the presence of a set of properties of the obligation, the finishes (irrefutable), the immediacy, self-sufficiency and implementer.
Bibliography
1 See: Bondar N.S. Constitutionalization of the socio-economic development of Russian statehood (in the context of the decisions of the CS RF). - M., 2006. P. 97.
2 See: Vasilevich G.A. Acts of organs judicial authority: Role and place in the National Legal System // National statehood and European integration processes: in 2 tons. T. 1: National legislation and harmonization with the right of the European Union: Sat. Scientific Tr. - Minsk, 2008. P. 65.
3 See: Tumanov V.A. Five years of constitutional justice in Russia: lessons, problems, prospects // Vestn. CS RF. 1996. No. 6. P. 11-12.
4 See: Malyushin A.A. The interaction of the COP of the Russian Federation and the legislative authority in the Russian Federation // Russian judge. 2007. No. 7. P. 14-16.
5 See: Kalyak A.M. The self-adventure of solutions of constitutional courts (on the example of post-socialist states) // Constitutional and municipal law. 2008. No. 2. P. 15.
7 See: Mityukov MA Performance of acts of the Constitutional Court of the Russian Federation and constitutional (authorized) courts of subjects of the Federation // Russian Justice. 2001. No. 6. P. 13.
8 See: Morzkatova T.G. The delimitation of the competence between the Constitutional Court and other courts of the Russian Federation // Russian Justice. 2001. P. 30-31.
9 Zorkin V.D. Russia and the Constitution in the XXI century. 2nd ed., Add. - M., 2008. P. 125-128.
10 See: Mityukov MA Acts of the Constitutional Court of the Russian Federation and constitutional (statutory) courts of subjects of the Federation: general characteristics and statistical analysis // Journal of Russian law. 2001. No. 6. P. 15.
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RUSSIAN FEDERATION
Acts of the Constitutional Court of the Russian Federation and legislation on the judiciary
Gravina Alla Arkadyevna,
leading Researcher of the Department of Criminal, Criminal Procedure Legislation; Judiciation of Isis, Candidate of Legal Sciences
The Constitutional Court of the Russian Federation since its appearance was considered as an organ constitutional control, independently and independently carrying out the judiciary in the form constitutional proceedings.
The idea of \u200b\u200bcreating the Constitutional Court arose in 1990 and was associated with the implementation of the Basic Principle legal state - separation by the authorities and the rule of law.
The judicial authority is actually becoming an independent branch of state power on the establishment of a legislative and executive. At the same time, the special position of the CS of the Russian Federation in the judicial system determined an ambiguous approach to the assessment of its legal nature and, as a result, to the possibility and degree of its influence on legislation. The opinion was expressed that the COP of the Russian Federation is the organ of the highest arbitration and should remain outside the traditionally known branches of state power1. Others pay attention to the dual legal nature of the CS RF2.
1 See: Bobotov S. V. Constitutional Justice (comparative analysis) M., 1994. P. 65.
2Lazarev L.V. Constitutional and legal
the foundations of the organization and activities of the
On the one hand, the CS of the Russian Federation is a state authority relating to the judicial branch of the authorities, the direct carrier of the judiciary. On the other hand, the belonging of the CS of the Russian Federation to the judiciary does not exclude its essential features as a constitutional control authority (normocontrol).
Feature legal Nature CS RF is defined in Art. 1 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation" (hereinafter - the Law on the CS RF). Being a judicial authority of constitutional control, the court independently and independently exercise the judiciary through constitutional proceedings. From this it follows that, being a judiciary, the CS of the Russian Federation at the same time (due to its functional and institutional characteristics) is more than a trial.
The CS of the Russian Federation occupies a special position in the judicial system. Unlike other federal courtswhich are subject to the Constitution of the Russian Federation and federal laws, the Constitutional Court in the exercise of their powers is guided only by the Constitution. Its solutions act directly and do not require confirmation by other bodies.
toving Court of the Russian Federation // State and Law. 1996. No. 6. P. 4.
3 See: Bondar N. S. Constitutional Court of Russia: not "QuasiSud", and more than the court // Journal of Constitutional Justice. 2010. № 3.
The legal force of the decision of the COP of the Russian Federation cannot be overcome by re-adopting an act recognized as unconstitutional. The official interpretation of the Constitution of the Russian Federation, this CS of the Russian Federation is mandatory for all representative, executive and judiciary, organs local governments, enterprises, institutions, officials and citizens. Unlike other courts, the CS of the Russian Federation not only applies constitutional norms, but also interprets them. As a result, their regulatory content may be subject to considerable change.
These features of the legal nature of the COP RF give reason to consider it as a federal state authority, located at the same level with the President of the Russian Federation, Federal Assembly, Government of the Russian Federation4.
The significant influence provided by the legal positions of the COP of the Russian Federation to lawmakeholder gave reason to argue that its decisions enclose the rules of law. The question of whether the RF CF solutions are the source of law entering the norms. Opinions are expressed different. L. V. Lazarev recognizes such decisions of the COP of the Russian Federation, containing a law-provision that have regulatory value. The same position adheres to N. V. Vitruk6. As for me-
4 See: Okunkkov L. A. Some problems of the status and powers of the President and the practice of the Constitutional Court // Bulletin of the Constitutional Court of the Russian Federation. 1997. No. 2. P. 53-57; Kosolapov M. F. Judicial power in the constitutional stricter of Russia. Saratov, 2005. P. 109.
5 See: Lazarev L. V. Some controversial issues of the theory and practice of constitutional justice // Bulletin of the Constitutional Court of the Russian Federation. 1997. No. 3. P. 21.
6 See: Vitruk N. V. Legal position
Constitutional Court of the Russian Federation
failies: concept, nature, legal force
and meaning // Constitutional justice
nietya T. Ya. Habriede, constitutional interpretation, unlike other types of interpretation, especially close to lawmakes7. The position is contained in the works of N. A. Bogdanova and V. S. Nersesyanza8.
The separation of the authorities in principle allows for the possibility of law-conducting activities not only legislative bodies. Specific norm velochetic functions have organs executive power (including, for example, delegated legislation). In a number of countries, the participation of judicial authorities in legislative process Through the preliminary constitutional control (Ireland).
The role of the CS RF in law-conducting is specific. Recognizing in the process of constitutional proceedings, one or another norm of unconstitutional, the court deprives its legal force, i.e., in fact, it is canceled. Thus, the decision of the CC RF acquires the property of a regulatory act aimed at establishing or changing or canceling the legal norm. "The constitutional and human presentation, the regulatory importance of the Constitutional Court," N. Bondar N. Bondar notes, notes, and the fact that, identifying the constitutional models of the organization of certain spheres of social relations, gaps and defects in legal regulation and at the same time trendy the development of constitutional relations, the Constitutional Court determines the constitutional
in post-communist countries: Sat. Dokl. M., 1999. P. 30.
7 See: Habrieva T. I. Legal guard Constitution. Kazan, 1995. P. 179.
8 See: Bogdanova N. A. Constitutional Court of the Russian Federation in the system of constitutional law // Bulletin of the Constitutional Court of the Russian Federation. 1997. No. 3; Nersesyanz V. S. U russian courts No law-speaking authority // Arbitrage practice as a source of law. M., 2000. P. 107-108.
tag (concept) of improving legislation "9. By his decision, the Court creates a norm that may become a binder for the legislator in the development of a legislative act or with the cancellation of the current 10.
The resolution of the Russian Federation of the Russian Federation of February 5, 2007 is very characteristic of this regard, which was the subject of the institution of supervisory production in the civil procedure.
Evaluating the importance of production in a supervisory order to ensure the balance between such constitutional values, as the justice and stability of judicial acts, the CS of the Russian Federation at the same time noted the need to significantly adjust this institute to the extent to which the relevant norms are predetermined by the multiplicity of supervisory instances, the possibility of excessive appeal procedures and revision court decisions In order of supervision.
CS of the Russian Federation pointed out the need for federal legislator in reasonable deadlines establish procedures that actually ensure timely identification and revision of erroneous court decisions that have not entered legal force, as well as bring legal regulation supervisory production in line with international legal standards.
The recommendations of the Russian Federation were taken into account by the legislator who made a change in the Code of Civil Procedure of the Russian Federation. They affected the procedure for consideration of cases in the supervisory courts. Other changes, whose need indicated the COP of the Russian Federation, are waiting for its legislative decision.
Thus, the court determined the strategy of making changes to the legal regulation of this
9 Bondar N. S. Decree. cit.
10 See: Kh. S. A. Genesis of the Legal Positions of the Constitutional Court of the Russian Federation // Journal of Russian Law. 2007. No. 3. P. 9.
institute. It is not by chaired by the Chairman of the CS of the Russian Federation V. D. Zorkin assesses the Resolution of February 5, 2007 No. 2-P as a program for reforming civil proceedings in the courts of general jurisdiction in order to bring it in line with the constitutional principles of equality and recognized by our state internationally legal standards11.
The example confirms that the named resolution, decree and definition of the COP of the Russian Federation have simultaneously properties of both regulativity and the act of the judiciary.
The discussion on the role of the Constitutional Court in lawmakes, obviously, will not lose relevance. This role is so specific that it is not always possible to carry out a line between the legal position of the court and the norm of law.
Therefore, it is difficult to disagree with G. A. Gadzhiev in the fact that the essence of the legal positions of the Constitutional Court of the Russian Federation lies in the reflection of the actual law-conducting activity of a special kind12. This is confirmed by the definition of the CFC of the Russian Federation of November 19, 2009, which abolished the substantially the norm of criminal law, which admits the use of such a type of punishment as the death penalty.
According to Part 2 of Art. 20 of the Constitution of the Russian Federation The death penalty will continue before its cancellation may be established by federal law as an exceptional penalties for particularly serious crimes against life in providing the accused the right to consider his court with the participation of jury.
11 See: Materials of the VII All-Russian Congress of Judges // Russian Justice. 2009. No. 1. P. 6-7.
12 See: Gajiyev G. A. Legal positions of the Constitutional Court of the Russian Federation // North Caucasian legal commanders. 1997. No. 3. S. 5.
In the Criminal Code, the death penalty is provided by Art. 59 as an exceptional penalty. This rule was not canceled, despite the fact that cancellation death penalty There was a prerequisite for Russia's accession to the Council of Europe (Protocol No. 6).
The Constitutional Court of the Russian Federation has defined its legal position on the possibility of applying the death penalty in the territory of the Russian Federation and actually suspended the operation of the criminal law, without having reason to recognize its non-relevant Constitution of the Russian Federation.
Previously, the decision of the CS of the Russian Federation of February 2, 1999 No. 3rd appointment of the death penalty was suspended before the introduction of the relevant federal law, providing anyone accused of a crime throughout the territory of the Russian Federation, for which the death penalty was established, the right to consider his case by the court with the participation of jurors.
The legal position of the CS of the Russian Federation was based on the fact that the court of jury to the time of adoption of the decision existed in the order of alternative proceedings only in several subjects of the federation.
Under these conditions, it was almost impossible to provide all persons who committed serious crimes against life, guaranteed part 2 Art. 20 of the Constitution of the Russian Federation the right to consider their case by the court with the participation of jury. Consequently, in the territories of those subjects of the Russian Federation, where the courts were created, accused of crimes, for which the death penalty was established, when determining the penalties, put in an unequal position compared with the accused in the same crimes in the territories where the jury did not function. This is significant violation The principle of equality guaranteed by Art. 19 of the Constitution of the Russian Federation.
In 2001, the Criminal Procedure Code of the Russian Federation was adopted, enshrining the right of the accused for consideration by the court with the participation of jurors, including on charges of a crime, as an exceptional penalties for which the death penalty is provided. From January 1, 2010, the courts began to operate on the territory of the Chechen Republic - the last subject of the Russian Federation, where there were no such vessels.
All the grounds specified in the decision of the COP of the Russian Federation of February 2, 1999, No. 3rd and preventing the appointment of the death penalty were eliminated: the corresponding federal law was adopted, the courts with the participation of jury were formed throughout the Russian Federation. The constitutional principle of equality guaranteed by the Constitution of the Russian Federation may be provided to all citizens involved in criminal liability.
Thus, in national legislation, there were no reasons for the non-use of Art. 59 of the Criminal Code of the Russian Federation. Legal foundation Her cancellation could be the adoption of the Federal Law on Making Changes in the Criminal Code, which Art. 59 would be recognized as invalid.
However, this did not happen, and legislative act was replaced by the decision of the Constitutional Court. The determination of November 19, 2009, the CS of the Russian Federation essentially abolished the appointment of the death penalty and thereby actually recognized the influence of Art. 59 of the Criminal Code of the Russian Federation.
The Constitutional Court of the Russian Federation has repeatedly confirmed its decisions the inviolability of the constitutional principle of the independence of the court and the independence of judges. The question of the possibility of termination of the powers of judges by the qualifying teams of judges of the Federation subjects by the qualifying collegiums of judges of the Federation subjects when attracting judges to disciplinary liability is particularly.
The decision of the CS of the Russian Federation of February 28, 2008 No. 3rd for one of such cases contains a number of principal provisions that have determined its legal position having direct attitude To ensure guarantees of independence of ships.
The Constitutional Court of the Russian Federation once again stressed that the court exercises the judiciary independently, regardless of whose will will be; Judges as representatives of the judiciary are independent and obeying only the Constitution of the Russian Federation and the Federal Law. Immevelability and independence of the judge are guarantees of independence and independence of the judiciary, are not a personal privilege of a citizen, but a means of protecting public interests, primarily the interests of justice.
At the same time, the CS of the Russian Federation identified a number of measures to create additional guarantees ensuring independence of the judiciary. These include the indication of the CS of the Russian Federation on the need to legislative consolidation of the requirements for the secret ballot of members of the Qualification Board of Judges and the compilation of a reasoned decision.
In the ruling of February 28, 2008 No. 3-P COP of the Russian Federation, without questioning the right of qualifying teams to apply to the judges, the measure of disciplinary recovery up to the removal of them from office, ruled at the same time to make changes to the Federal Law of March 14, 2002 No. 30-FE "On the judicial community in the Russian Federation", providing secret ballot Members of the Qualification Board of Judges in solving the issue of applied to the judge disciplinary action in the form of early termination of the authority of the judge.
The relevant changes were made to the Federal Law "On the bodies of the Judicial Community in the Russian Federation".
Under the influence of the legal position of the COP of the Russian Federation, the Federal Constitutional Law of November 9, 2009 was adopted No. 4-FKZ, which established a new judicial body - a disciplinary field presence. His jurisdiction includes consideration of cases on complaints on solving the highest qualification board of judges of the Russian Federation and qualifying teams of judges of the constituent entities of the Russian Federation on the early termination of the authority of judges for the acciplinary misconduct.
A lot of examples can be brought when the legal position of the CS RF is transformed into the legal norm and is included in the law, is taken into account when reforming legislation, the development and adoption of new codes.
Thus, the legal position of the COP of the Russian Federation was taken into account in the development of the Criminal Procedure Code of the Russian Federation. In particular, Article was introduced. 123, which established that the actions and decisions of the body of the inquiry, the investigator, the investigator, the prosecutor and the court may be appealed to participants in criminal proceedings, as well as other persons in the part in which procedural action And the procedural decisions affect their interests. Thus, the position of the COP of the Russian Federation was taken into account, which recognized not relevant to the Constitution of the Russian Federation Art. 2201 OPC RSFSR, which limited the circle of persons entitled to appeal to the court of detention, only by persons to which such a preventive measure was applied, as well as the provisions of Art. 2202 Code of Criminal Procedure of the RSFSR on the possibility of checking the legality and validity of the application of imprisonment in limited cases13.
N. A. Vlasenko and A. V. Grynev fairly noted that higher decisions court instances pushing the legislator to adopt
kIH norms that are simulated in their legal position of the court14. First of all, this refers to the CS of the Russian Federation.
A discussion of the possibility of attributive to the legal positions of the CS of the Russian Federation the value of the judicial precedent continues quite lively.
According to L. V. Lazareva and G. A. Gad-Lyiv, the rulings of the CS of the Russian Federation contain legal positions, very close to the concept of "judicial precedent" 15.
From the point of view of Judge of the CS of the Russian Federation, N. V. Vitruka, "Legal position, determined on the example of consideration in the specific case of the constitutionality of any one challenged norm, creates a precedent in solving a group of cases. Thereby, legal positions have a precedent value "16.
Giving the legal position of the CS of the Russian Federation the values \u200b\u200bof the judicial precedent means presentation to it special requirementscorresponding to the status of the judicial precedent. First of all, this requirement of stability. Trust in the judiciary is largely determined by the stability of judicial practice, the lack of contradictory court decisions.
A different approach to solving similar issues undermines the authority of the Court, especially if they are taken by the CC. In addition, it produces legal positions, mandatory for the legislator, ships and law enforcement
14 See: Vlasenko N. A., Greeneva A.V. Judicial legal positions (the foundations of theory). M., 2009. P. 44.
15 See: Lazarev L.V. Constitutional Court of Russia and the development of constitutional law // Journal of Russian Law. 1997. No. 11. P. 9; Gadzhiyev G. A. Legal positions of the Constitutional Court of the Russian Federation as a source of constitutional law // Constitutional justice in post-communist countries: Sat. Dokl. M., 1999. P. 109-112.
16 See: Vitruk N. in the legal positions of the Constitutional Court of the Russian Federation: the concept, nature, legal force and importance. P. 30.
means. The decision taken by the Constitutional Court is designed to correct the current norms of law, lay the foundations of the future proceedings, whose task is to adequately reflect the provisions of the Constitution of the Russian Federation on judicial protection rights and freedoms of citizens17.
Meanwhile, there are cases when the COP of the Russian Federation expresses a different legal position on the same issues18, which allowed even to reproach the Constitutional Court in double standards19.
There are various solutions to this problem. For example, apply to the court of general jurisdiction with a request to revise the case and disseminate a new legal position on it, given the identified constitutional meaning of the law. In other words, the court of general jurisdiction should be evaluated by the legal positions of the CS RF and guided by the one that he considers the most acceptable to a particular case. However, the decisions of the COP of the Russian Federation, including legal positions expressed them, are mandatory throughout the Russian Federation for all government bodies, local governments, officials and citizens (Article 6 of the Law on CS RF). Therefore, the court of general jurisdiction when choosing the legal position of the COP of the Russian Federation, which he must be guided in a difficult situation, since it must be guided by the principle of the obligatory judgment.
Attempting to legally resolve the situation when the CS of the Russian Federation expresses various legal positions on a similar issue,
17cm: Vitruk N. V. The access of citizens to the judiciary // Citizens and state authorities. Access, informing, appeal: Sat. M., 2001. P. 31-32.
19 See: Stadzovsky Yu. I. Judicial authority.
M., 2000. P. 236.
during the development of the draft law on the Constitutional Court of the Russian Federation, 1993-1994 was taken. In particular, it was proposed to include the norm according to which, if the decision taken by the Chamber or its coherent project disagree with the legal position, expressed in the previous decisions of another Chamber or adopted in plenary sessions, the case is transferred to the plenary session.
In the next edition of the draft law, one of the grounds for revising the final act of the court was called the situation when "the decision taken during the meeting of the Chamber is contrary to the legal position expressed in the decision taken earlier in the plenary meeting or meeting of the chambers."
As a result, the article on the transfer of the case of the House of the Russian Federation of the Russian Federation for consideration in the plenary session was revised, and the rule was established: in case the majority of judges participating in the meeting considers it necessary to make a decision that does not meet the legal position expressed in the previously adopted decisions of the CS RF, the case Transferred to the plenary session (Article 73 of the CC COP).
From the point of view of Judge CS of the Russian Federation G. A. Gadzhieva, holding the chamber of the right to transfer a case for consideration in plenary session, the law limits this right only by cases of disagreement of the majority of judges in the Chamber, with a legal position regarding constitutional provisionsbut not procedural legal positions. The decision of the CFC of the Russian Federation that entered into force cannot be canceled or changed on the complaints of interested parties, neither on the initiative of the court itself. Therefore, when the Plenum of the CS RF changes the legal position, the abolition of the previously received decision does not occur.
20 See: Gajiyev G. A. The legal positions of the Constitutional Court of the Russian Federation. P. 10.
The literature expressed a proposal to introduce the cancellation procedure or revising the court decision. Proposed to apply it in obligatory According to complaints of interested persons with a mandatory invitation to the meeting. At the same time, it was proposed to introduce instance and consider the Chambers of the Russian Federation as the first instance, and plenary sessions as second21.
The proposal to review the possibility of revising the decisions of the CFC of the Russian Federation with the imposition of such a function on the Presidium of the COP of the Russian Federation or a constitutional presence under the President of the Russian Federation or the State Duma22 was created for this purpose.
These proposals acquire relevance due to changes made to the Federal Law "On the Constitutional Court of the Russian Federation" in 2010 (FKZ of November 3, 2010 No. 7-FKZ).
The ability to revise the constitutional court of their decisions is quite logical, if you recognize that law-conducting does not contradict its legal nature.
The fact that the optimal solution will be found, there is no doubt. It suffices to turn to a similar situation associated with the Supreme Court of the Russian Federation.
No opportunity to appeal Judicial Collegium Supreme Court The Russian Federation upon consideration of cases at first instance at one time caused fair criticism. The position was corrected by establishing CAS
21 See: Kurbatov A. Ya. The rule of law - this is the right plus order // law. 2004. No. 1. P. 128.
22 See: Efimichyev S. P., Efimichyev P. S. Criminal Procedureal legislation and decisions of the Constitutional Court of the Russian Federation // Journal of Russian Law. 2000. No. 1. P. 28- 38; Baitine M. I. On some collisions in the field of the legal field of Russia and the paths of their permission // Right and politics. 2004. No. 9. P. 9.
sun college of the Armed Forces of the Russian Federation. It seems logical so that the right to appeal is to apply equally to solve all higher judicial authorities. It would correspond to the principle of the unity of the judicial system.
Bibliographic list
Baitine M. I. On some collisions in the field of the legal field of Russia and the paths of their permission // Right and politics. 2004. No. 9.
Bobotov S.V. Constitutional Justice (comparative analysis). M., 1994.
Bogdanova N. A. Constitutional Court of the Russian Federation in the system of constitutional law // Bulletin of the Constitutional Court of the Russian Federation. 1997. No. 3.
Bondar N. S. Constitutional Court of Russia: not "QuasiSud", and more than the court // The magazine of the Constitutional Justice. 2010. № 3.
Vitruk N. V. The access of citizens to the judiciary // Citizens and state authorities. Access, informing, appeal: Sat. M., 2001.
Vitruk N. V. Legal positions of the Constitutional Court of the Russian Federation: the concept, nature, legal force and importance // Constitutional justice in post-communist countries: Sat. Dokl. M., 1999.
Vlasenko N. A., Greeneva A. V. Judicial legal positions (basics of theory). M., 2009.
Gadzhiyev G. A. Legal positions of the Constitutional Court of the Russian Federation as a source of constitutional law // Constitutional justice in post-communist countries: Sat. Dokl. M., 1999.
Gadzhiyev G. A. Legal positions of the Constitutional Court of the Russian Federation // North Caucasian legal commanders. 1997. No. 3.
Efimichev S. P., Efimichyev P. S. Criminal Procedureal legislation and decisions of the Constitutional Court of the Russian Federation // Journal of Russian Law. 2000. No. 1.
Kh. S. A. Genesis of the legal positions of the Constitutional Court of the Russian Federation // Journal of Russian Law. 2007. № 3.
Kosolapov M. F. Judicial power in the constitutional stricter of Russia. Saratov, 2005.
Kurbatov A. Ya. Self-order with us - this is the right plus order // law. 2004. No. 1.
Lazarev L.V. Constitutional and legal framework for the organization and activities of the Constitutional Court of the Russian Federation // State and Law. 1996. No. 6.
Lazarev L. V. Constitutional Court of Russia and the development of constitutional law // Journal of Russian Law. 1997. No. 11.
Lazarev L. V. Some controversial issues of the theory and practice of constitutional justice // Bulletin of the Constitutional Court of the Russian Federation. 1997. No. 3.
Materials of the VII All-Russian Congress of Judges // Russian Justice. 2009. No. 1.
Nersesyanz V. S. Russian courts have no law-spending authority // Judicial practice as a source of law. M., 2000.
Okunkov L. A. Some problems of the status and powers of the president and practice of the Constitutional Court // Bulletin of the Constitutional Court of the Russian Federation. 1997. No. 2.
STETSOVSKY Yu. I. Judicial power. M., 2000.
Habriede T. I. Legal protection of the Constitution. Kazan, 1995.
Types of decisions of the Constitutional Court of the Russian Federation:
- final solutions;
- other solutions.
Total - those in which the court formulates its conclusions according to the results (according to the results) of the proceedings of a particular case. In them, the Court summarizes such a proceedings and determines the legal consequences.
Other solutions - those in which some circumstances are usually stated and consequences are determined, relevant Not to the content of the case under consideration, but, as a rule, to the organization of the work of the Court as a whole or conducting its meetings, to the substantiation of refusal to make specific appeals to the court or to interpret the adopted decisions.
Forms of decisions of the Constitutional Court:
- resolution of the Constitutional Court of the Russian Federation (final decision);
- conclusion of the Constitutional Court of the Russian Federation (final decision);
- definition of the Constitutional Court of the Russian Federation (other decision).
Decision The Constitutional Court of the Russian Federation is the final decision on the results of the proceedings of the Constitution of the Russian Federation of laws and other legal acts named in Art. 125 of the Constitution of the Russian Federation, on the delimitation of the competence of the state authorities mentioned in the same place, as well as cases arising in connection with the need for constitutional provisions.
Conclusion The Constitutional Court of the Russian Federation - the final decision on the results of compliance verification installed order Nominations of the president of the Russian Federation in state treason or in a serious crime.
Definitions The Constitutional Court of the Russian Federation - other decisions, are made in most cases on issues related to the organization of work at the Constitutional Court of the Russian Federation or ensuring the successful holding of its meetings (plenary or as part of the chambers). Such questions can be attributed to, for example, questions about the election of the Chairman of the Court, his Deputy and Judge Secretary, on approval by the heads of the Secretariat's units, on the approval of the Regulations, on the formation of chambers, on adoption or refusal to adopt concrete cases , On the appointment of judges-rapporteurs, on the suspension or termination of the authority of the judge, on the imposition of a fine on persons who violate the established procedure. In many cases, they are not issued in the form of separate documents. They are set out in the protocols of plenary sessions or meetings of the chambers. Only on some issues permitted definitions requires that the definition is made in the form of a separate written document. This is required, for example, when the Court provides an interpretation of its previously decisive decision, in cases of refusal to accept the application or treatment, let's say, some trial (general jurisdiction or arbitration), when suspension of the contested act or the entry into force of the disputed international treaty.
The procedure for making decisions of the Constitutional Court of the Russian Federation
For the adoption of rulings and conclusions, their rules have been established. Take such final solutions should in closed meetings (plenary or as part of the chambers), on which have the right to be present only those who participated In the proceedings of this case, the judge. At the meeting only workers of the Constitutional Court of the Russian Federation may be allowedproviding logging and normal course of the meeting. Each judge when discussing that decision, which should be made, is given the opportunity to act an unlimited number of times and without limiting the duration of the speeches.
Voting is opened openly By correcting the survey of judges, which is made in alphabetically the names of the judges, starting with the judge determined with each survey along the lot. In all cases, the chairperson votes the last. To make a decision required most votes Participated by the voting of judges. The judge is not entitled to refrain When voting. If he does not agree with the decision taken, it can take advantage of him to state his special opinion written, and it must be published together with the decision. In the case when the judge as a whole supports the decision, but does not agree, say, with some arguments in the motivation part, it is also given the right to state his disagreement written, and this disagreement must be published with the text of the decision. The decision (ruling or conclusion) is signed by all the judges who participated in the voting, including those that did not agree with him. Meeting is logoied. The protocol is also signed by all the judges who participated in the meeting. He is not subject to announce.
The Act of the Constitutional Court has established strict requirements for the form and content of decisions outlined in the form of separate documents. In such a document, information should be reflected not only, for example, about the place and date of decision, the person or body that has manifested the initiative and who has put the relevant question, the regulatory act, the constitutionality of which is questioned, the arguments nominated as a substantiation of such a doubt, but also The arguments in favor of the decision made, and if necessary, and arguments, refutable statements of the parties, as well as references to specific acts that court guided. In other words, the final decision must be carefully motivated and convincing, so that there are no ambiguities during its application, which could lead some errors in execution.
Legal importance of decisions of the Constitutional Court of the Russian Federation
The decision of the Constitutional Court of the Russian Federation comes into force immediately after the proclamation, it acts directly and does not require confirmation by other bodies or officials.
This circumstance can say much about the legal force of decisions of the Constitutional Court of the Russian Federation. It can also say a lot about the prescription art. 6 of the Law on the Constitutional Court, which says that the decisions of this court are mandatory throughout the Russian Federation for all representative, executive and judicial bodies of state authorities, local governments, enterprises, institutions, organizations, officials, citizens and their associations. "
it general The legal force of decisions of the Constitutional Court of the Russian Federation is clarified and complemented by a number of others. It was established in particular (see part 6 of Art. 125 of the Constitution of the Russian Federation) that acts or their individual parts recognized by the contradictory of the Constitution of the Russian Federation are lost and cannot be applied. If some trial or other body decides, referring to a legal act recognized by unconstitutional, this decision is not subject to execution and should be revised in the manner prescribed by law. Stressing the legal force of decisions taken by the Constitutional Court of the Russian Federation, Part 2 of Art. 79 of the law provides: "The legal force of the Constitutional Court of the Russian Federation on the recognition of an act of unconstitutional cannot be overcome by re-adopting the same act."
In accordance with Art. 80 of the Law on the Constitutional Court of the Russian Federation Adoption by the court decision, which recognizes a law or other regulatory act in a fully or partially contrary to the Constitution of the Russian Federation, should entail concrete measures to bring such an act and related other acts in accordance with the constitutional prescriptions. In particular, in paragraph 1 of this article says: "The Government of the Russian Federation no later than three months after the publication of the decision of the Constitutional Court of the Russian Federation contributes to the State Duma a draft of the new Federal Constitutional Law, the Federal Law or a number of interrelated drafts of laws or the draft law on amending and ( or) additions to the law recognized as unconstitutional in its separate part. These bills are considered by the State Duma in extraordinary order". In other words, the decision of the Constitutional Court of the Russian Federation on the recognition of a particular law or partially contrary to the Constitution of the Russian Federation obliges the bodies participating in lawmakes, including the Government of the Russian Federation and the Russian Federation, proceed to active actions to eliminate the emergence of a gap in legislation.
High requirements are presented to the final solution, called the conclusion. It can be resolved in the case when the Constitutional Court of the Russian Federation will receive a request for the grant of the conclusion on compliance with the established procedure for nominating the prosecution of the President of the Russian Federation in the state treason or in a serious crime. Such a request can only come from State Duma, And the protocol (transcript) of the discussion of this issue at its meetings should be attached to it, the texts of all related documents and the conclusion of the Supreme Court of the Russian Federation. If the Constitutional Court of the Russian Federation comes to the conclusion about non-compliance with the established procedure for nominating the president of the Russian Federation in state treason or in a severe crime, then a negative conclusion is given. It, as well as the rulings on the above issues, is mandatory and entails the termination of the indictment.
Introduction 2.
1. Legal status Constitutional Court of the Russian Federation. four
3. Organization of the Constitutional Court of Russia. The status of his judges 9
5. Stages of constitutional proceedings. Features of production in the Constitutional Court of the Russian Federation for certain categories of affairs. eighteen
The activities of the Constitutional Court regarding the permission of cases that are the subject of the proceedings of the Federal Body of Constitutional Justice are resolved. Legal procedures and principles of constitutional proceedings are determined by the Federal Constitutional Law "On the Constitutional Court of the Russian Federation". This is the feature of constitutional proceedings, since criminal, civil, administrative proceedings are carried out on the basis of the relevant procedural Codes. 18
6. Acts of the Constitutional Court of the Russian Federation. 25.
Conclusion 27.
Sources and literature 29
Introduction
One of the most important features of the decisive essence of the legal state is the presence of a judicial constitutional control, that is, the right of a certain judicial body to follow in the forms established by law and procedures for the compliance of the Constitution of the country of current legislation. To solve these problems, the judicial constitutional control body is endowed with the right to cancel the laws (or individual provisions of laws) recognized by them not relevant to the Constitution, and, accordingly, the right to interpret constitutional norms. This is the main function of the judicial constitutional control. In 1991, the Constitutional Court was established in the RSFSR, which meant the introduction of judicial control in the sphere of the Constitution.
The current Constitution of the Russian Federation determines the Russian Federation as a legal state (Part 1 of Article 1) of the Constitution of the Russian Federation, the ideas, values \u200b\u200band principles of which should be based on the basis of the entire constitutionally adjustable space. The rights and freedoms of a person and a citizen, their recognition, protection and guarantees are approved as the main defining criterion for the legal nature of the legislation and the practice of its application. The principle of the priority of human rights and freedoms and citizen, enshrined in the Constitution of the Russian Federation, is addressed to all branches of state power, binds and obliges them.
The principle of the boundanness of the state with rights and freedoms is established in Art. 2 Constitutions of the Russian Federation: "Recognition, compliance and protection of human rights and freedoms and citizen - the duty of the state." An extremely important principle is also introduced by the introduction of a direct ban on the anti-Arctic Law: "In the Russian Federation, laws that abolish or eliminate rights and freedoms of a person and a citizen are not published" Part 2 of Art. 55 Constitution of the Russian Federation.
The implementation and effectiveness of these principles and norms is ensured by the deployed system of state protection of human rights and freedoms and citizen, which is ensured by the activities of the constitutional law in the person of its special body - the Constitutional Court of the Russian Federation.
Walking from legal attitudes as determining his activities and its decisions, the Constitutional Court ensures the unity of legislative and judicial audit in the protection of human rights and freedoms and citizen.
All of the above allows you to determine the purpose and task of this work.
The purpose of the test work is the study of the Constitutional Court as the highest body of constitutional control in the Russian Federation.
Tasks of work:
Characterize the legal status of the Constitutional Court of the Russian Federation;
Consider the structure and procedure for the formation of the Constitutional Court;
Explore the organization of the Constitutional Court of the Russian Federation;
Explore the competence of the Constitutional Court of the Russian Federation;
Analyze the stages of constitutional proceedings;
Consider the acts of the Constitutional Court of the Russian Federation.
In accordance with certain goals and objectives, the structure of this work will include the introduction, the main part divided into paragraphs, conclusion, a list of used sources and literature on the topic
1. Legal status of the Constitutional Court of the Russian Federation.
Status - these are defined by the Constitution and Laws of the Russian Federation authority, the place and role of the specialized federal constitutional control body in the system of separation of the authorities. The decisive sign in understanding the nature of the Constitutional Court as a state authority is the implementation of the constitutional control in the form of constitutional justice. The main in the activities of the Constitutional Court is to ensure the rule of the Constitution in the legal system and its direct action in the territory of the Russian Federation.
The decisions of the Constitutional Court for their legal strength are generally obligatory and cannot be canceled or overcome as an adoption of a new law. The Constitutional Court carries out constitutional control in order to protect the foundations of the constitutional system, human rights and freedoms and citizen, to ensure the supremacy and direct action of the Constitution of the Russian Federation throughout Russia 1.
The peculiarity of the activities of the Constitutional Court (like any judicial body) is that it is intended to solve the exclusive issues of law and under no circumstances to be inclined to political feasibility. When sending constitutional proceedings, the Constitutional Court must refrain from establishing and researching factual circumstances, when it competends other vessels or bodies. At the same time, the Constitutional Court is found in a certain sense, it creates the right, affects the will of the legislator and law enforcement, creates precedents of the interpretation of the Constitution and federal laws. The Constitutional Court is not limited to the interpretation of the Constitution, it develops a constitutional and legal doctrine by the motivation of the decisions adopted by it, refining the meaning and content of constitutional norms, ensures the realizability, "vitality" of the Basic Law. The high status of the Constitutional Court is determined by the fact that it acts as a nationwide arbitrator, resolving disputes and addressing legal disagreements between various state authorities 1. In this sense, the Constitutional Court is a guarantee of constitutional values, a tool to protect the foundations of the constitutional system. The status of the Constitutional Court emphasizes its official symbols designed to display independence of this body, independence, equality with other higher organs Authorities, as well as instill respect for the Constitutional Court.
The general symbols of the Constitutional Court include: the placement of the State Flag on the building in which the court is located, as well as in the hall of its meetings. In addition, in the meeting room there are an image State coat of arms and the text of the Constitution. Special symbols include: the vestments of judges in the mantle, as well as the presence of breastplate. The place of permanent residence of the Constitutional Court is Moscow. The meetings of the Constitutional Court are conducted at the place of its stay, and if necessary, they can be transferred to another place (for example, when resolving the dispute between the Federation and its subject). The Constitutional Court is independent of the impact of other state authorities, including financial and in logistical relations. The financing of the Constitutional Court is made at the expense of the federal budget.
2. The composition and procedure for the formation of the Constitutional Court.
Each judge of the Constitutional Court of the Russian Federation is appointed by the position individually by secret ballot. The judge of the Constitutional Court of the Russian Federation appointed to the position of judge is considered a person who received the most from the total number of members (deputies) of the Federation Council. In the event of the disposal of the judge from the Constitutional Court of the Russian Federation, the idea of \u200b\u200bthe appointment of another person to the vacant place of the judge is made by the President of the Russian Federation to the Federation Council no later than the month from the date of opening the vacancy. The judge of the Constitutional Court of the Russian Federation, the term of office of which expired, continues to fulfill the responsibilities of the judge before appointing the position of a new judge or to the adoption of the final decision on the case, begun with its participation. The numerical composition of the Constitutional Court is 19. The Constitutional Court has the right to carry out its activities in its composition at least three quarters from the total number of judges. The powers of the Constitutional Court itself are not limited to a period, while the authority of judges is limited to a period of 12 years. The upper age limit of members of the Constitutional Court should not exceed 70 years. The reappointment of the judge is not allowed 1.
The Constitutional Court of the Russian Federation has now two chambers of 9 and 10 judges who are equal and the decisions of which have the same legal force, as well as the decision of the court as a whole. Plenary meetings are held for consideration of particularly important cases, in which all the judges and who are entitled to consider any question in the competence of the Constitutional Court are involved. The Chairman of the Court, his deputy and secretary, elected at the plenary session of the court, most-in-grand votes from the total number of judges for a period of three years and can be re-elected for another period.
Currently, the composition of the CS RF is as follows:
Zorkin, Valery Dmitrievich - Chairman
Khokhryakova, Olga Sergeevna - Deputy Chairman
Mavrin, Sergey Petrovich - Deputy Chairman
Aranovsky, Konstantin Viktorovich
Bondar, Nikolai Semenovich
Gadzhiev, Gadis Abdullaevich
Danilov, Yuri Mikhailovich
Zharkov, Lyudmila Mikhailovna
Zhilin, Gennady Alexandrovich
Kazantsev, Sergey Mikhailovich
Cleandrov, Mikhail Ivanovich
Knyazev, Sergey Dmitrievich
Cockot, Alexander Nikolaevich
Krasavchikova, Larisa October
Melnikov, Nikolay Vasilyevich
Rodkin, Yuri Dmitrievich
Seleznev, Nikolay Vasilyevich
Strekozov, Vladimir Georgievich
Yaroslavtsev, Vladimir Grigorievich
In 2009, the Council of Judges of Russia adopted a self-secretion of the judge of the Constitutional Court Vladimir Yaroslavseva, who in August of this year made tough accusations against the country's leadership and the power vertical created by him.
Anatoly Kononov wrote a statement about leaving his post from January 1, 2010. The cause of care is disagreement with violation of the principle of independence of judges by the executive authority of Russia.
The activities of the Constitutional Court of the Russian Federation are based on such principles as independence, collegiality, publicity, the perception of the proceedings, the language of proceedings, the dispersion of the court hearing, the adversarity and equality of the parties. There is no such organ or person in the country that would have the right to give any instructions or comments by the Constitutional Court, for a day, within its powers 1.
The basis of its activities is also the Constitution of the Russian Federation and the Federal Constitutional Law on the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation is independent in organizational, financial and material and technical terms, its fi-nancy is carried out from the federal budget. The guarantees of the independence of constitutional judges are their irremiability, inviolability, equality of the rights of judges, etc. On judges of the constitutional court, the general legislation on the status of judges is distributed. Unlike other vessels (supreme, arbitration), the constitutional court of the Russian Federation has no system of subordinate courts. The fact that some subjects of the Russian Federation also created their constitutional courts does not mean that they are included in such a system, because they are not lower and not composed with the Constitutional Court of the Russian Federation a unified system.
3. Organization of the Constitutional Court of Russia. The status of his judges
The Constitutional Court of the Russian Federation considers and allows cases of plenary sessions and meetings of the Chambers of the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation consists of two chambers, including ten and nine judges of the Constitutional Court of the Russian Federation, respectively. The personal composition of the chambers is determined by the draw, the order of which is established by the Regulation of the Constitutional Court of the Russian Federation.
In plenary sessions, all judges of the Constitutional Court of the Russian Federation participate, in meetings of the chambers - judges that are part of the corresponding chamber.
The Chairman and Deputy Chairman of the Constitutional Court of the Russian Federation cannot be part of the same chamber.
Personal composition of the chambers should not remain unchanged more than three years in a row.
The order of execution by the judges belonging to the Chamber, the powers of the presiding party in its meetings is determined at the meeting of the Chamber.
The identity of the judge in constitutional control bodies plays a very prominent role, since it is often assessed not only by legal criteria, but also in moral.
The judges of the Constitutional Court of the Russian Federation are appointed by the Federation Council to submit the President of the Russian Federation. Consequently, the main role in the formation of the personal composition of the Constitutional Court belongs to the President and the Council of the Federation 1.
Members of the Constitutional Court can only be citizens of Russia who have reached the day of appointment of age at least 40 years old, with a flawless reputation that have a higher legal education and work experience by a lawyer at least 15 years. In accordance with the former legislation, the lower age limit of members of the court was 35 years old, and the need to work under a legal specialty - 10. A new approach, as can be seen, is aimed at ensuring that people who have great living experiences and high legal qualifications work in the Constitutional Court.
The numerical composition of the Constitutional Court is now equal to 19, in contrast to the provisions provided under the law of 1991 (13 people were actually elected then). Changed the procedure for the formation of a court, which is associated with new system state authorities established by the 1993 Constitution ..
The Constitutional Court has the right to carry out its activities in its composition at least three quarters from the total number of judges. The powers of the Constitutional Court itself are not limited to a period, while the authority of judges is limited to a period of 12 years. The upper age limit of members of the Constitutional Court should not exceed 70 years. Reappointment of the judge is not allowed. Previously, the 1991 law actually adhered to the principle of incommenstenance of court members.
The judge of the Constitutional Court is considered to be an end to the point from the moment of bringing the oath, and its powers expire on the last day of the month, which ends with its polling time or in which it turns 70 years.
The judge of the Constitutional Court of the Russian Federation cannot be a member (deputy) of the Federation Council, a deputy of the State Duma, other representative bodies, to occupy or maintain other state or public posts, to have private practice, engage in entrepreneurial, other paid activities, except for teaching, scientific and other creative activity, the occupation of which should not impede the fulfillment of the duties of the judge of the Constitutional Court of the Russian Federation and can not serve respectful reason The lack of at the meeting, if the consent of the Constitutional Court of the Russian Federation 1 is not given.
The judge of the Constitutional Court of the Russian Federation is not entitled to carry out protection or representation, except for legal representation, in court, arbitration Court or other organs, to offer anyone to the patronage in obtaining rights and exemption from duties.
The judge of the Constitutional Court of the Russian Federation cannot belong to political parties and movements, to maintain them, to participate in political actions, to conduct political propaganda or campaigning, participate in the campaigns for elections to public authorities and local governments, to attend congresses and conferences of political parties and movements, engage in other political activities. It cannot also be included in the leadership of any public associations, even if they do not pursue political goals.
The judge of the Constitutional Court of the Russian Federation is not entitled, speaking in press, other media and before any audience, publicly express their opinion on the issue that can be subject to consideration in the Constitutional Court of the Russian Federation, and which is studied or adopted by the Constitutional Court of the Russian Federation, before making a decision on this issue.
The powers of the judge of the Constitutional Court of the Russian Federation are not limited to a certain period. The ultimate age of stay as a judge of the Constitutional Court of the Russian Federation - seventy years. The judge of the Constitutional Court of the Russian Federation is considered to be entitled from the moment they adopted the oath. His powers are stopped on the last day of the month, in which he marks seventy years. The judge of the Constitutional Court of the Russian Federation, which reached the limit age as a judge continues to fulfill the responsibilities of the judge before the final decision on the case began with his participation, or before appointing the position of a new judge.
The independence of the judge of the Constitutional Court of the Russian Federation is ensured by its irremiability, inviolability, equality of the rights of judges established by this Federal Constitutional Law, the procedure for suspension and termination of the authorities of the judge, the right to resign, the obligation of the established procedure of constitutional proceedings, which is prohibited by any intervention in judicial activity, providing the judge of material and social welfare, security guarantees corresponding to its high status.
4. Competence of the Constitutional Court.
Even more significant changes occurred in the functions and compecting of the Constitutional Court of the Russian Federation. On the one hand, its competence in a certain relationship is narrowed: he can now not act on his own initiative and from his authority is excluded evaluating law enforcement practice. On the other hand, he expanded his authority through the receipt of the right to give an abstract official interpretation of the Constitution of the Russian Federation, the right to resolve disputes about the compence between government bodies, on complaints about the disorders of the rights and freedoms of citizens and the right at the requests of ships to check constitutionality The law applied or subject to applied on a specific case.
The main function of the Constitutional Court of the Russian Federation is the audit of compliance of the Constitution of the Russian Federation: a) of federal laws, regulatory acts of higher federal state authorities (pre-building, chambers of the Federal Assembly, Government); b) constitutionals and statutes, as well as other regulatory acts of the subjects of the Russian Federation, except those related to the sphere of exclusive management of the constituent entities of the Russian Federation; c) contracts between the state authorities of the Russian Federation and its subjects; d) international treaties of the Russian Federation not entered into force (Article 125 of the Constitution of the Russian Federation). The Constitutional Court of the Russian Federation does not consider, firstly, abnormative (individual) acts of these bodies, and secondly, legal acts, including regulatory, all other government agencies, since this is included in the competence of common courts; And thirdly, as already noted, he is not engaged in the pro-Verification of law enforcement practice, in many ways coinciding with Su-Debed.
The right to appeal to the Constitutional Court of the Russian Federation with a request for the constitutionality of these regulatory acts and treaties, according to Art. 125 Constitution of the Russian Federation, President of the Russian Federation, Council of Fe Devention, State Duma, one fifth members of the Council of the Federation and State Duma Deputies, the Government of the Russian Federation, the High Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the legislative and executive authorities of the constituent entities of the Russian Federation . Such queries may concern both the entire regulatory act or contract and one or another of it or individual provisions. The Constitutional Court of the Russian Federation defines the constitutionality or unconstitutionality of these acts and treaties within the following limits: on the maintenance of the norms; in the form of a regulatory act or contract; in the order of signing, for-keys, adoption, publishing or enhancing; From the point of view of the division of public authorities established by the Constitution of the Russian Federation on legislative, executive and judicial; From the point of view of the division of the competence established by the Constitution of the Russian Federation between federal bodies state power; From the point of view of delimitation of objects and powers between the organs of the state power of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, established by the Constitution of the Russian Federation, federal and other treaties 1.
Citizens have the right to appeal to the Constitutional Court of the Russian Federation with an individual or collective complaint against the violation of their constitutional rights and freedoms, if these rights and freedoms are violated by law applied or subject to use in a particular case. The associations of citizens, as well as other bodies and persons specified in the Federal Constitutional Law on the Constitutional Court of the Russian Federation, possess the same right. It is important that in all these cases the law to which the complaint is submitted (and not any other regulatory act, the question of which is in this case is considered in general courts), he traged the constitutional rights and freedoms of a person and a citizen and was applied or subject to Application in a specific case, the viewing of which has already been completed or started by a court or other law enforcement body. It should also be borne in mind that the courts of any instance, considering such specific cases, can themselves apply to the request to the Constitutional Court of the Russian Federation on the verification of the constitutionality of the law used in this case, as a result of which the proceedings are suspended before the decision of the Constitutional Court of the Russian Federation .
The competence of the Constitutional Court of the Russian Federation includes the resolution of disputes on competence: between the federal bodies of the state authorities; between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation; Between the highest authorities of the state-country authorities of the constituent entities of the Russian Federation. The right to appeal to the Constitutional Court of the Russian Federation in this regard, has every part of the disputes data, and the President of the Russian Federation also in the event of an agreed decision when using conciliation procedures to resolve the disagreements between the state authorities of the Russian Federation and the public authority of the constituent entities of the Russian Federation , as well as between the state authorities of the constituent entities of the Russian Federation (part 1 of Art. 85 of the Constitution of the Russian Federation) 1. Such an appeal is permissible if: a) challenged competence is defined by the Constitution of the Russian Federation; b) the dispute does not concern the question of the suburbanity of the case by the courts or the jurisdiction; c) the dispute was not or cannot be resolved in a different way; d) the applicant considers the publication of the act or committing a legal nature or evasion from the publication of an act or committing such a violation of the competence established by the Constitution of the Russian Federation between the state authorities; e) the applicant has previously applied to the state authorities specified in the construction of the Russian Federation with a written statement of violations by the applicant as a specific Constitution and the applicant's compecting agreements either on the evasion of these bodies from the fulfillment of their responsibility; (e) During the month from the date of receipt of the written statement, the violations specified in it were not eliminated; g) in the case of the appeal of the relevant authority of the state authority to the President of the Russian Federation with a request to use the concerns of the prerequisite procedures provided for by Art. 85 of the Constitution of the Russian Federation, and the pre-building of the Russian Federation during the month of the appeal did not use these conciliation procedures or such procedures did not lead to the resolution of the dispute.
Another area of \u200b\u200bactivity of the Constitutional Court of the Russian Federation is the interpretation of the Constitution of the Russian Federation. This takes place when the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, the legislative authorities of the constituent entities of the Russian Federation are treated to the Constitutional Court. In this case, we are talking about the direct interpretation of the Constitution of the Russian Federation, which may not be associated with the audit of the concentration of the law or the dispute about the competence. It is designed to answer the question: as it should be understood, this or that position of the conservation of the Russian Federation, which is especially important and necessary in the conditions of the fundamental novelty of the content of this constitution and its "hardness". The intelligence of the Constitutional Court of the Russian Federation is official and obliged for all 1.
Finally, the Functions of the Constitutional Court of the Russian Federation also includes the date of the conclusion of the established procedure for nominating the prosecution of the President of the Russian Federation in the state treason or the commission of another grave crime. In this case, such a request to the Constitutional Court is sent to the Federation Council, if the corresponding charge is nominated by the State Duma and there is a conclude of the Supreme Court of the Russian Federation on the actions of the President of the Russian Federation at the signs of the relevant crime. The request is sent to the Concentration Court of the Russian Federation no later than the month from the date of the adoption of the state of the Duma to nominate the charge. The conclusion should be given by the Constitutional Court no later than ten days after the re-histiration of the request. If the court establishes the non-compliance of the specified row, the impeachment procedure stops 2.
In addition to the most important powers of the Constitutional Court of the Russian Federation, recorded in Art. 125 of the Constitution of the Russian Federation, a number of other items also define such powers as the direction of the Messages of the Constitutional Court to the Federal Assembly (Article 100), the right of a law enforcement initiative (Article 104), the right of the presence of judges of the Con Stitution Court when taking the oath by the President of the Russian Federation (Art. 82). A number of powers of the Constitutional Court of the Russian Federation are associated with agreements on the delimitation of objects of conducting and authority between the organs of the Government of the Russian Federation and its subjects. The Federal Constitutional Law on the referendum (1995) provided for another new full-urine of the Constitutional Court - verification at the request of the President of the Russian Federation to the referendum of compliance with the requirements provided for by the Constitution of the Russian Federation.
5. Stages of constitutional proceedings. Features of production in the Constitutional Court of the Russian Federation for certain categories of affairs.
The activities of the Constitutional Court regarding the permission of cases that are the subject of the proceedings of the Federal Body of Constitutional Justice are resolved. Legal procedures and principles of constitutional proceedings are determined by the Federal Constitutional Law "On the Constitutional Court of the Russian Federation". This is the feature of constitutional proceedings, since criminal, civil, administrative proceedings are carried out on the basis of the relevant procedural codes.
In accordance with Art. 53 of the law "On the Constitutional Court of the Russian Federation" by the parties in constitutional proceedings are: 1) the applicants - the bodies and their persons who sent the appeal to the Constitutional Court; 2) organs and officials who have issued or signatories, the constitutionality of which is disputed; 3) state bodies whose competence is disputed. The participants of the process are witnesses and experts (Art. 63-64 of the Law) 1.
Constitutional proceedings covers a number of stages. The combination of each other consistently replaced by each other actually constitues constitutional proceedings. There are several stages in constitutional proceedings:
1) Addressing the Constitutional Court;
2) preliminary consideration of appeals;
3) adoption by the Constitutional Court of Appeal to Consideration or its deviation;
4) preparation for the proceedings;
5) directly proceedings;
Court's actions in relation to each of the stages should be laid in procedural time. So, the preliminary study of the appeal must be completed no later than 2 months from the date of its registration. The decision to accept the appeal to consideration should be made no later than the month from the date of completion of the preliminary study of the appeal of the judge (judges). No later than a month after the adoption of appeal to consideration, a decision was made on the appointment of the case to the hearing.
The procedure for calculating the deadlines is determined by the Regulations of the Constitutional Court. On any of the stages, the proceedings may be discontinued. As a rule, this happens in case of reference. In addition, the Constitutional Court has the right to terminate the proceedings, if during the meeting the grounds will be revealed to refuse to appeal to consideration or it will be established that the issue resolved by law, in its nature and value, does not apply to the number of constitutional ..
Appeal to the Constitutional Court. It is a pronounced in the form of request, petition or complaints of the appeal of the laws of the law and individuals in the Constitutional Court of the Russian Federation. Appeals is a kind of judicial claim with which the applicants are addressed to the Constitutional Court. In accordance with Art. 37 of the Law "On the Constitutional Court of the Russian Federation" in circulation should be indicated by the necessary requisites of the applicant, the position of the applicant on the issue assigned to them and its legal justification, the list of attached documents, etc. 1. Accordingly, the regulations of the Constitutional Court appeal and the documents attached to it are represented with copies in the amount of 30 copies. Citizens represent such documents with copies in the amount of 3 copies. Appeals to the Constitutional Court suggest the payment of state duty in the amount: a) for requests, petitions and complaints of legal entities - in the amount of 15 minimum wages; b) For complaints of a citizen - one minimum wage. If the appeal was not taken to consideration, the state duty is returned to the applicant.
The appeal to the Constitutional Court is subject to mandatory registration. The registered appeal is subject to preliminary consideration - at first the court apparatus, and then by the judges. At the same time, the issue of jurisdiction and permissibility of circulation should be resolved. If the question of the jurisdiction is permitted by the Court Secretariat, the issue of admissibility is solved by the judges. Appeal is not permissible if: a) the applicant has been put political, and not a legal issue; b) this question is not a constitutional level and did not find permission in the Constitution of the Russian Federation; c) The contested act is not legal, and the contested law is not applied and is not subject to use in a particular case of a citizen. In addition, they are not recognized by the permissible appeals in which we are talking about gaps in the Constitution, the law either about their imperfection, and the Constitutional Court has a task of improving or changing this law.
The determination of the admissibility of the received appeal is also carried out with regard to two circumstances: 1) the competence of the Constitutional Court and 2) previously pronounced when considering the specific case of the legal position. In the process of preliminary study of the appeal, the judge has the right to make instructions to specialists from the court apparatus on the analysis of individual legal issues, as well as entrust the experts to produce the necessary expertise or special research. In the necessary cases, the judge can take advantage of a specialist. According to the results of the preliminary study of the appeal, the judge makes a conclusion that can be both oral and written. The conclusion of the judge is reported in plenary session of the Constitutional Court. If the judge comes to the conclusion that the appeal cannot be accepted for consideration by the court, instead of imprisonment (or along with this) prepares a draft definition of refusal to accept consideration. The appeals on which the preliminary study was completed is sent to all the judges and are made to the plenary session of the Constitutional Court to consider the issue of making them to consideration 1.
The proceedings in the Constitutional Court. The stage of constitutional proceedings associated with the consideration of all the circumstances of the case and understanding on this basis of the legal position of the parties. As a rule, this stage has the form of oral proceedings. Judicial proceedings, according to Art. 60 of the Law "On the Constitutional Court of the Russian Federation", begins with the report of the judge of the Rapporteur on the reasons and grounds for the consideration of the case, the creatures of the issue, the content of existing materials and measures taken in connection with the preparation of the case for consideration. At the same time, the Rapporteur's judge should not set out his own position on the case under consideration. Then, after the report of the judge, the court hears the proposals of the parties, establishes the procedure for studying the issues of the case.
Composite parts of the subsequent proceedings are: explanations of the parties, the conclusion of the expert, the testimony of witnesses, the study of documents, the final performance of the parties. Upon completion of the study, the issues of the case, the chairperson at the court declare the end of the hearing. The Constitutional Court has the right to postpone the proceedings if the issue considered under consideration is not sufficiently prepared, in need of additional study, which cannot be made in the same meeting due to the failure to appear, a witness or an expert, failure to submit the necessary court of documents and DO 2.
The decision of the Constitutional Court. Legal Act adopted by the Constitutional Court or his Chamber on the basis of the case considered by him, i.e. Consideration of the issue with constitutional significance. The decision of the Constitutional Court is accepted by open voting by sharing judges survey. The decision is considered adopted if the majority of judges participating in the voting voted. The decision to interpret the Constitution of the Russian Federation is adopted by a majority of at least 2/3 of the total number (19) of judges. The decision of the Constitutional Court is made on the basis of the assessment of both the literal meaning of the act under consideration and the meaning attached to him by the official and other interpretation or established law enforcement practice, as well as on the basis of its place in the system of legal acts. The judge of the Constitutional Court has the right to publish its special opinion, which is attached to the case file. According to the law "On the Constitutional Court of the Russian Federation" (Art. 79), the decision of the Constitutional Court is finally not subject to appeal and comes into force immediately after its proclamation. In the definition of the Constitutional Court of January 13, 2000, it is noted that the status of the Constitutional Court does not imply appeal the decisions taken by it. It would not correspond to its high purpose as a constitutional control authority. At the same time, the Law on the Constitutional Court (Art. 73) provides for the adjustment of the legal position in the court in the implementation of the constitutional proceedings. So, expressed earlier than one of the chambers of the court, the legal position can be changed later in the plenary session of the Constitutional Court. The reason for this can be the appeal to the Constitutional Court of any of those controlled by the subjects, the initiative of the judges themselves, as well as the complaint of a citizen.
6. Acts of the Constitutional Court of the Russian Federation.
Decisions of the Constitutional Court, depending on their specifics, there can be three types: Resolution - the final decision on the permission of competence, compliance of the Constitution of the Russian Federation, on complaints of violations of the constitutional rights and freedoms of citizens, as well as the interpretation of the Constitution of the Russian Federation; CONCLUSION - the final decision on the merits of the request for compliance with the established procedure for nomination against the President of the Russian Federation in the state treason or the commission of another grave crime; All other decisions of the Constitutional Court are referred to as definitions. The final decision on the case under consideration is made by the Constitutional Court in the closed meeting, in which only judges participate.
The decisions and conclusion of the Constitutional Court are set out in the form of individual documents with the obligatory indication of the motives for their adoption. The decisions and conclusion of the Constitutional Court no later than 2 weeks from the date of signing are sent to the President of the Russian Federation, the Chamber of the Federal Assembly, Commissioner for Human Rights, the Supreme Court, the Higher Arbitration Court, the Prosecutor General of the Russian Federation, the Minister of Justice. The decision of the Constitutional Court is finally not subject to appeal and comes into force immediately after its proclamation. The decision acts directly and does not require confirmation by other bodies and officials. Acts or their individual provisions recognized as unconstitutional are lost; recognized as not relevant to the Constitution of the Russian Federation not entered into legal force international treaties Not subject to enactment and use 1.
The decisions of the courts and other bodies based on acts recognized as unconstitutional are not subject to execution and should be revised in the manner prescribed by law. The legal force of the Constitutional Court's decision to recognize the act unconstitutional cannot be overcome by re-adopting the same act. In the event that the recognition of the normative act of unconstitutional creates a gap in the legal regulation, the Constitution of the Russian Federation directly applies.
The decisions of the Constitutional Court are published in the "Bulletin of the Constitutional Court", "Meeting of the Legislation of the Russian Federation" and the "Parliamentary Gazeta". The decision of the Constitutional Court under Art. 83 of the law "On the Constitutional Court of the Russian Federation" can be officially explained only by the Constitutional Court himself in the plenary meeting or meeting of the Chamber, who adopted this decision, at the petition of bodies and persons with the right to appeal to the Constitutional Court, other bodies and persons to which it was directed.
Conclusion
After analyzing the main legal principles and the basis of the activities of the Constitutional Court of the Russian Federation, you can come to the conclusion that at the present stage of the development of Russian proceedings, the Constitutional Court has all the necessary powers and tools to fulfill its paramount task - the protection of the constitutional fundamentals of the social system and the constitutional rights of Russian citizens.
Despite certain difficulties in organizing judicial practice, the main problem of the effectiveness of the Constitutional Court in Russia is not the disadvantages of the procedure of constitutional proceedings or constitutional legislation, but to ensure the execution of court decisions. Failure to file decisions is the characteristic feature of the entire Russian rule of law. The Constitutional Court is actually the highest and last instance, and it must enact only when the entire remaining system of power or justice does not work. It should be emphasized that the Constitutional Court solves exclusively issues of law. When implementing constitutional proceedings, it refrains from establishing and researching factual circumstances in all cases when it commetes the competence of other vessels or other bodies.
The result of constitutional proceedings is the formation of a court of certain legal positions, i.e. Generalized court submissions on specific constitutional and legal issues. It should be noted that there are a number of reasons why legal in relation to the Constitutional Court of the Russian Federation do not receive proper use. These are relapses of legal nihilism: the medley of the Federal Assembly (Parliament) and the legislative bodies of the federation of the federations to introduce amendments and additions to the current laws, on the preparation and adoption of new laws; the unreasonable positions of the courts of general jurisdiction and other law enforcement bodies who do not want to change law enforcement practices in accordance with the legal positions of the Constitutional Court; ambiguity in understanding the co-holding legal position of the Constitutional Court; Weak informing about legal positions and solutions of the Constive Toving Court of the Russian Federation, etc.
The solution to this problem is not the eradication of these reasons in order of coercion, but the formation of such a state of public consciousness and legal culturein which no authority officer Or a citizen will not arise the desire to act contrary to this decision.
Sources and literature
Regulations:
Constitution of the Russian Federation - M., 2007.
Federal Constitutional Law of July 21, 1994 "On the Constitutional Court of the Russian Federation" // Meeting
Legislation of the Russian Federation. - 1994., No. 13.- Article 1447, as amended. FKZ dated 08.02.2001 // SZ RF. 2001. №7. Article 607; dated December 15, 2001 //
NW of the Russian Federation.21.№51.st.4824.
Federal Law of March 4, 1998 "On the procedure for adopting and entering into force amendments to the Constitution of the Russian
Federation "// Meeting of the legislation of the Russian Federation 1998. N 10. Art. 1146.
Literature:
Bahlag M.V. Constitutional law of the Russian Federation: Textbook for universities, 3rd ed. - M., 2002.
Kozlova E.I, Kutafin O.E. Constitutional law of Russia. - M., 2002.
Kolyushin E.I. Constitutional (state) law of Russia: course of lectures. - M., 1999.
Lazarev L.V. Constitutional and legal framework for the organization and activities of the Constitutional Court of the Russian Federation
State and Law, 1996, No. 6.
Ovsepyan J.I. Subjects of the right to appeal to the Constitutional Court of the Russian Federation. // Russian Justice, - 1996.- №1.- C.10-12.
Petrov A. Judicial power-needed element of the separation system of the authorities at the regional level
Constitutional law: Eastern European Review. 1999. №4 (29).
Rzhevsky V.A., Chepurnova N.M. Judicial power in the Russian Federation: constitutional foundations of the organization
and activity. - M., 1998.
Seleznev n-c. Constitutional Court of the Russian Federation in the system of judiciary. - M, 1998.
Chirkin V.E. Constitutional law of the Russian Federation; Textbook. - M., 2002
1 Seleznev n-c. Constitutional Court of the Russian Federation in the system of judiciary. - M, 1998. - S.54.rf
