Конституционное (государственное) право Российской Федерации. Конституционное судопроизводство в РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Конституционное судопроизводство в РФ (самое важное)

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84. CONSTITUTIONAL PROCEEDINGS IN THE RUSSIAN FEDERATION

constitutional jurisprudence - procedural activities of the Constitutional Court of the Russian Federation to resolve cases within its competence.

Constitutional legal proceedings begin with a request from authorized persons to the Constitutional Court of the Russian Federation.

The right to appeal to the Constitutional Court of the Russian Federation have:

1) President of the Russian Federation;

2) Federation Council of the Federal Assembly of the Russian Federation;

3) State Duma of the Federal Assembly of the Russian Federation;

4) members of the Federation Council or deputies of the State Duma of the Federal Assembly of the Russian Federation in the amount of 1/5 of the total number of members of the corresponding chamber of the Federal Assembly;

5) the Government of the Russian Federation;

6) the Supreme Court of the Russian Federation;

7) Supreme Arbitration Court of the Russian Federation;

8) legislative and executive authorities of the constituent entities of the Russian Federation.

Constitutional proceedings are carried out within the framework of plenary sessions and sessions of chambers Constitutional Court of the Russian Federation. Decisions of the Constitutional Court of the Russian Federation, adopted at the meetings, are valid only in the presence of at least one of the total number of judges of the Constitutional Court of the Russian Federation.

The Constitutional Court of the Russian Federation exercises its powers within the framework of plenary sessions and sessions of the chambers of the Constitutional Court.

On the plenary sessions Constitutional Court of the Russian Federation:

1) resolves cases regarding the compliance of the Constitution of the Russian Federation with the basic laws of the constituent entities of the Russian Federation;

2) gives an interpretation of the Constitution of the Russian Federation;

3) gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime;

4) decides on the issue of putting forward a legislative initiative on issues within its jurisdiction;

5) resolves other issues related to regulating the activities of the Constitutional Court of the Russian Federation.

On the meetings of the chambers Constitutional Court of the Russian Federation:

1) resolves cases on compliance with the Constitution of the Russian Federation: federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation; laws and other normative acts of constituent entities of the Russian Federation, issued on issues related to the jurisdiction of government bodies of the Russian Federation and the joint jurisdiction of government bodies of the Federation and government bodies of its constituent entities; agreements between public authorities of the Russian Federation and public authorities of the constituent entities of the Federation, agreements between public authorities of the constituent entities of the Russian Federation; international treaties of the Russian Federation that have not entered into force;

2) resolves disputes about competence: between federal government bodies; between government bodies of the Russian Federation and government bodies of its subjects; between the highest government bodies of the constituent entities of the Russian Federation;

3) upon complaints of violation of the constitutional rights and freedoms of citizens and upon requests from the courts, checks the constitutionality of the law applied or to be applied in a particular case.

Constitutional proceedings are always carried out by a collegial composition of judges in open court sessions. Broadcasting of meetings of the Constitutional Court of the Russian Federation on particularly significant issues is allowed.

As a result of the trial, the Constitutional Court issues decree. The decisions of the Constitutional Court of the Russian Federation are normative in nature and are a source of constitutional law, that is, all subjects of legal relations must rely on them when interpreting the Constitution and laws of the Russian Federation.

Author: Kakovkina Ye.N.

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