Constitutional law of the Russian Federation. Principles of supremacy and direct action of the Constitution of the Russian Federation (the most important)

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Constitutional law of the Russian Federation. Principles of supremacy and direct action of the Constitution of the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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19. PRINCIPLES OF SUPERIORITY AND DIRECT APPLICATION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION

In accordance with Art. 15 of the Constitution of the Russian Federation, the Constitution of the Russian Federation has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation, laws and other legal acts should not contradict the Constitution of the Russian Federation, state authorities, local governments, officials, citizens and their associations are required to comply with the Constitution of the Russian Federation .

The rights and freedoms of man and citizen directly operate (Article 18 of the Constitution of the Russian Federation).

In the resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 No. 8 "On some issues of the application of the Constitution of the Russian Federation by the courts in the administration of justice" it is noted that the court, resolving the case, directly applies the Constitution of the Russian Federation, in particular:

a) when the provisions enshrined in the Constitution of the Russian Federation, based on its meaning, do not require additional regulation and do not contain an indication of the possibility of its application subject to the adoption of a federal law regulating the rights, freedoms, duties of a person and a citizen and other provisions;

b) when the court comes to the conclusion that the Federal Law, which was in force on the territory of the Russian Federation before the entry into force of the Constitution of the Russian Federation, contradicts it;

c) when the court comes to the conclusion that the Federal Law, adopted after the entry into force of the Constitution of the Russian Federation, is in conflict with the relevant provisions of the Constitution;

d) when a law or other normative legal act adopted by a constituent entity of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation contradicts the Constitution of the Russian Federation, and there is no federal law that should regulate the legal relations considered by the court.

In accordance with the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", an act or part thereof, recognized by the Constitutional Court of the Russian Federation as inconsistent with the Constitution of the Russian Federation, shall not be applied. In the event that a gap in the law is formed as a result of such a decision, the Constitution of the Russian Federation is subject to direct application.

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