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Конституционное право Российской Федерации. Конституционный суд РФ как судебный орган конституционного контроля (самое важное)

Lecture notes, cheat sheets

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67. THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AS A JUDICIAL BODY OF CONSTITUTIONAL CONTROL

Constitutional Court of the Russian Federation (CC RF) is the judicial body of constitutional control.

Functions (main activities) of the Constitutional Court of the Russian Federation (Article 125 of the Constitution of the Russian Federation):

1. Resolution of cases on compliance with the Constitution of the Russian Federation of federal laws, regulations of the President of the Russian Federation, chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, constitutions (charters) of the constituent entities of the Russian Federation, as well as laws and other regulatory acts of the constituent entities of the Russian Federation, issued on issues of the exclusive jurisdiction of the Russian Federation and issues of joint jurisdiction of the Russian Federation and subjects of the Russian Federation, agreements between state authorities that have not entered into force international treaties of the Russian Federation.

2. Resolution of disputes about competence between state authorities (the Russian Federation among themselves, the Russian Federation and the constituent entities of the Russian Federation, the constituent entities of the Russian Federation among themselves).

3. Verification of the constitutionality of the law applied or subject to application in a particular case on complaints of violation of the constitutional rights and freedoms of citizens and at the request of the courts.

4. Official interpretation of the Constitution of the Russian Federation (only at the request of the President of the Russian Federation, chambers of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, legislative (representative) bodies of state power of the constituent entities of the Russian Federation).

5. Issuance of an opinion on compliance with the established procedure for accusing the President of the Russian Federation of high treason or committing another grave crime (only at the request of the Federation Council).

6. Realization of the right of legislative initiative (on matters of conducting the Constitutional Court of the Russian Federation) - Art. 104 of the Constitution of the Russian Federation.

The Constitutional Court of the Russian Federation consists of 19 judges (Part 1, Article 125 of the Constitution of the Russian Federation). Judges of the Constitutional Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation, are sworn in by the Chairman of the Federation Council. Judges are divided into 2 chambers (10 and 9 judges, the chairman and deputy chairman - in different chambers), the personal composition of the chambers is determined by lot (Article 20 of the Federal Law "On the Constitutional Court of the Russian Federation"). At the plenary session of the Constitutional Court of the Russian Federation, the judges of the Constitutional Court of the Russian Federation elect the Chairman of the Constitutional Court of the Russian Federation, his deputy, and also the secretary judge from among their members. A number of issues (in particular, the resolution of cases on the conformity of the Constitution of the Russian Federation with the constitutions (charters) of the constituent entities of the Russian Federation, the official interpretation of the Constitution of the Russian Federation, the decision on the issue of coming up with a legislative initiative) are resolved only at a plenary session of the Constitutional Court of the Russian Federation. Other issues may be considered at a meeting of the chamber of the Constitutional Court of the Russian Federation.

The Constitutional Court of the Russian Federation is financed on the basis of a separate article of the federal budget, and is itself engaged in its organizational, technical and other support.

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