Constitutional law of the Russian Federation. Basic rules of constitutional proceedings (most important)

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Constitutional law of the Russian Federation. Basic rules of constitutional proceedings (most important)

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68. BASIC RULES OF CONSTITUTIONAL JUDICIAL PROCEEDINGS

Constitutional legal proceedings are an independent type of legal proceedings (along with criminal, civil and administrative), carried out by the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation.

The Constitutional Court of the Russian Federation acts on the basis of the Constitution of the Russian Federation, the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Regulations of the Constitutional Court of the Russian Federation.

The constitutional (charter) court of a subject of the Russian Federation acts on the basis of the constitution (charter) of the corresponding subject of the Russian Federation, the law of the corresponding subject of the Russian Federation on the constitutional (charter) court of the subject of the Russian Federation, the rules of the constitutional (charter) court of the subject of the Russian Federation.

Principles of constitutional legal proceedings are independence, collegiality, publicity, oral proceedings, the language of legal proceedings, the continuity of the court session, competitiveness and equality of the parties (Chapter IV of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the corresponding chapters of the laws of the constituent entities of the Russian Federation on constitutional (charter) courts of the constituent entities of the Russian Federation).

The Constitutional Court of the Russian Federation (as well as the constitutional (charter) courts of the constituent entities of the Russian Federation) is not entitled to consider any issue at its own discretion; this requires a request (application, petition) sent in the prescribed manner by an authorized body (person) and meeting the admissibility criteria.

The Constitutional Court of the Russian Federation, the constitutional (charter) courts of the constituent entities of the Russian Federation consider, first of all, questions of law, and do not solve political problems and do not investigate the actual circumstances of the case, if such a study is within the competence of other bodies (including judicial ones).

When considering the issue of the conformity of an act of the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation checks it in terms of content and form, in terms of the subject and procedure for adoption, in accordance with the constitutional delineation of jurisdiction and powers (Articles 71-73 of the Constitution of the Russian Federation), the constitutional principle of separation of powers. If the contested act was adopted before the entry into force of the Constitution of the Russian Federation (December 25, 1993), then it is considered only in terms of content.

Decisions of the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation are final, not subject to appeal, come into force immediately after the proclamation, and are an important source of Russian constitutional law.

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