Advocacy and notary office. Participation of a lawyer in constitutional proceedings (most important)

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Advocacy and notary office. Participation of a lawyer in constitutional proceedings (most important)

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21. Participation of a lawyer in constitutional proceedings

The Constitutional Court of the Russian Federation is a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings.

Constitutional jurisprudence has a number of features:

1) The Constitutional Court is engaged in establishing the actual circumstances of the case only to the extent that they can affect the assessment of the constitutionality of the challenged law or its individual provisions;

2) the constitutional process, unlike other types of processes, is rather fleeting. There is only one instance. Decisions of the Constitutional Court of the Russian Federation are final and not subject to appeal or protest. And therefore, the lawyer is deprived of the opportunity to leave any arguments for the future or subsequently supplement them with something, it is necessary to state everything to the court at once;

3) the Constitutional Court of the Russian Federation does not have a prescribed procedure for the execution of its decisions, i.e. there is no mechanism for forcing state bodies and their officials to comply with these decisions if they do not voluntarily obey it. There are frequent cases of repeated appeals to the Constitutional Court of the Russian Federation on the same issue, since the first decision was not implemented by anyone;

4) the protection of constitutional rights and freedoms in the constitutional process is realized not only through upholding the rights of a particular person, but in the form of protecting the rights and freedoms of all persons in relation to whom the contested legal act can be applied, i.e. public interests are always protected.

At the stage of preparing the case for hearing the lawyer needs to choose a variant of the position on the case, select arguments to substantiate it, determine the circle of possible witnesses, specialists, experts to be summoned to court, determine the list of documents that will need to be found and submitted to the court.

The lawyer needs to make sure that there are no circumstances preventing the consideration of the case in the Constitutional Court. (Clause 1, Part 2, Article 40 of the Federal Law No. 21 of July 1994, 1 - Federal Law on the Constitutional Court of the Russian Federation).

In the absence of circumstances preventing the consideration of the complaint in the Constitutional Court of the Russian Federation, the lawyer must make sure that the complaint is admissible and there are legal grounds for sending it to the Constitutional Court of the Russian Federation.

In accordance with Part 2 of Art. 36 of the Law on the Constitutional Court of the Russian Federation, the basis for considering a case in constitutional justice is the revealed uncertainty as to whether the Constitution of the Russian Federation complies with a law or other legal act, an agreement between state authorities of the Federation and its subjects and other issues of consideration that are included in the concept of the Constitutional Court of the Russian Federation. The applicant and his lawyer must remember that, in accordance with Art. 37 of the Law on the Constitutional Court of the Russian Federation, it is necessary to indicate in the appeal the specific grounds for the appeal and your position on this issue.

Authors: Nevskaya M.A., Shalagina M.A.

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